May 14, 2015

Exemption No. 11586

Regulatory Docket No. FAA–2015–0447

Mr. Thomas Gorner

Founder and Principal

SkyScape Services LLC

1505 Nightshade Court

Vienna, VA 22182

Dear Mr. Gorner:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated February 18, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of SkyScape Services LLC (hereinafter petitioner or operator) for an exemption. 

The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial videography and cinematography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, SkyScape Services LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, SkyScape Services LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.
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1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 
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or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold 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. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

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 distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 
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under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

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

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA 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.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must 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 must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 
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These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, 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 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 determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 
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notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
 A Veteran-Owned Small Business

18 February 2015

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from Part 21; and §§ 45.23(b); 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) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) & (b) of Title 14, Code of Federal Regulations. Precedence 

for this exemption request is FAA Exemption 11138 as petitioned and approved for 

Douglas Trudeau on 5 January 2015.

Dear Sir or Madam,

I, Thomas Gorner, Founder and Principal of SkyScape Services LLC, a Veteran-Owned 

Small Business, am writing pursuant to the FAA Modernization and Reform Act of 2012 

and the procedures contained within 14 C.F.R. 11, to request that SkyScape Services 

LLC be exempted from the Federal Aviation Regulations (“FARs”) listed below. We 

request the exemption so that we may operate small ultra light weight unmanned aircraft 

system (“UAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”). 
Robert M. Serino, principal of SkyScape Services LLC, is a FAA Licensed Pilot 

#33442220 for Airplane Single Engine Land am experienced in flying hobby helicopters 

for recreational and US Government purposes 

As described herein our staff is experienced in flying hobby helicopters for recreational 

purposes. We have added commercial grade DJI Phantom 2 quad-copters to our 

inventory that weigh approximately 3 pounds and are equipped with either a GoPro 

Hero3+Black camera or a FLIR Tau 2 camera (Figure 1). The cameras are used for 

recording imagery captured during flight as well as for providing real-time, remote First 

Person View (FPV) of the aircraft’s flight path as well as local situational awareness and 

understanding for improved flight safety. 

Figure 1. DJI Phantom 2 quad-copters with Radio Controllers and either a GoPro Hero3+Black 

camera or a FLIR Tau 2 camera. A tripod-mounted Ground Control Station with separate higherresolution viewing screen is also shown.

During flights, we would conduct two-person pilot plus observer activities at a lowaltitude of fewer than 150 feet, within a line-of-sight of fewer than 750 feet, and only for 

daytime aerial videography and cinematography. Our intent is enhancement of 

community awareness for those individuals, not-for-profit organizations, and companies 

unfamiliar with the geographical layout of Delaware, Maryland, and Virginia, and 

augment real estate listing videos under an approved exemption by the FAA. We would 

also make our services available on a volunteer/no-cost basis to local Not-for-Profit / 

Search and Rescue / Fire Fighting organizations

Based upon a prior successful review of a Section 333 exemption application by the 

FAA, we intend to use Phantom 2 aircraft as recently approved by the FAA under Section 

333 Exemption No. 11138 for Douglas Trudeau on 5 January 2015. The following nine 

Appendices A-I provide current, detailed information on safety, built-in safeguards, 
reliability and ease-of-operability for the commercial Phantom 2 aircraft we possess, and 

that would use under an approved exemption:

Appendix A - Phantom 2 Quick Start Guide

Appendix B - Phantom 2 User Manual

Appendix C - NAZA-M Quick Start Guide

Appendix D - Smart Flight Battery Safety Guidelines

Appendix E - 2.4G Bluetooth Datalink & iPad Ground Control 

Station User Guide

Appendix F - 5.8G VideoLink User Manual

Appendix G - Cloverleaf Antenna User Manual

Appendix H - SkyScape Safety Protocols and System Controls

Appendix I - SkyScape Safety of Flight Manual and Record

In terms of piloting experience under an exemption our staff at SkyScape Services LLC, 

has been flying RC electric helicopters for 1 (one) year; all without incident of any kind. 

The following Appendix J is an extract of Robert Serino of SkyScape Services LLC Pilot 

Logbook regarding takeoffs /landings and flying hours of Phantom 2 UAS as Pilot-InCommand (PIC):

Appendix J - SkyScape UAS PIC Pilot Logbook Extract

We are committed to safety with each flight, and an exemption would permit operation of 

ultra lightweight, unmanned (piloted by remote control) and comparatively inexpensive 

UAS in tightly controlled and limited airspace. We would fly in predetermined in areas 

for community videos, and within property boundaries for individual homeowner real 

estate listing videos/photos. We would do so with markings and signage keeping 

activities 150 feet away from the general public and vehicular traffic, as well as fully

comply with FAA directives on Flight Restricted areas such as airports, heliports, and 

special security zones, as well as Notices to Airmen (NOTAM’s) about Temporary Flight 

Restricted (TFR) areas such as sporting events, VIP events, and VIP routes or areas. 
GPS-based methods insure compliance with designated No-Flight Areas such as airports 

using GPS-based navigation and flight monitoring with and without aid of a Ground 

Control Station. An example flight-restricted 5-mile zone is shown for the Baltimore area 

on the Ground Control Station flight monitoring map (Figure 2). 

Currently, unmonitored amateur hobbyists with no safety plan or controls in place to 

prevent catastrophe legally operate similar lightweight, remote controlled UAS’s. We 

have personally instilled safety protocols and controls to avoid and prevent public hazard, 

as well as manned aircraft hazards catastrophe. We use materials and methods including 

those outlined and detailed in Appendices A-I.

These will further enable strict safety protocols exclusive to lightweight UAS's specific to 

real estate video and photography usage as we record flight data and other information 

gained through permitted flight operations to share with the FAA through any required 

FAA reports to assist with future protocol and safety regulation.

Granting SkyScape Services LLC request conforms with the Secretary of 

Transportation’s (FAA Administrator’s) responsibilities and authority to integrate UAS's 

into the national airspace system, and to “...establish requirements for the safe operation 

of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of 

the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further we 

will conduct our operations in full compliance with the protocols described herein or as 

otherwise established and/or amended by the FAA.

Figure 2. GPS-based methods insure compliance with designated No-Flight Areas such as airports 

using GPS-based navigation and flight monitoring with and without aid of a Ground Control Station. 

An example flight-restricted 5-mile zone is shown for the Baltimore area on the Ground Control 

Station flight monitoring map.

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

SkyScape Services LLC to operate ultra lightweight, remote controlled UAS’s for 
community awareness to benefit/stimulate attraction Delaware, Virginia and Maryland 

area and to enhance real estate listing videos for homeowners who cannot afford 

expensive manned aircraft for the same purpose. Both of which will promote local 

economic growth through increased employment and increased tax base. Both of which 

will hold public safety foremost by keeping away from the public heavier manned aircraft 

operated under similar conditions with 500x larger mass and containing many gallons of 

combustible fuel.
• Contact Information:

Thomas Gorner

Founder and Principal

SkyScape Services LLC

1505 Nightshade Court

Vienna, VA 22182

(571) 286-0311

tom@mySkyScape.com 

II. The Specific Sections of Title 14 of the Code of Federal Regulations From 

Which Thomas Gorner Requests Exemption are:

14 CFR 21;

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

14 CFR 61.113 (a) & (b);

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

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).

III. The Extent of relief Thomas Gorner seeks and the Reason He Seeks Such 

Relief:
SkyScape Services LLC submits this application in accordance with the Reform Act, 112 

P.L.95 §§ 331-334, seeking relief from any currently applicable FARs operating to 

prevent us from contemplated commercial cinematic, charitable, voluntary, and other 

flight operations within the national airspace system. The Reform Act in Section 332 

provides for such integration of civil unmanned aircraft systems into our national airspace 

system as it is in the public’s interest to do so. Our ultra lightweight UAS meets the 

definition of “small unmanned aircraft” as defined in Section 331 and therefore the 

integration of my ultra lightweight UAS is expressly contemplated by the Reform Act. 

We would like to operate our ultra lightweight UAS prior to the time period by which the 

Reform Act requires the FAA to promulgate rules governing such craft. Allowing such 

will provide direct experience and valuable information for formal regulation that can be 

administered uniformly to other UAS-related activities for aerial video and photography. 

The Reform Act guides the Secretary in determining the types of UAS's that may operate 

safely in our national airspace system. Considerations include: The weight, size, speed 

and overall capabilities of the UAS's; Whether the UAS will be operated near airports or 

heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 

P.L. 95 § 333 (a). Each of these items reflects in favor of an exemption for SkyScape 

Services LLC. Our UAS utilizes four (4) counter-rotating propellers for balance, control 

and stability. My UAS is equipped with GPS and auto return, fail-safe safety technology, 

and weighs approximately three (3) pounds (far below the maximum 55 pounds limit); 

including camera with gimbal.

SkyScape Services LLC considers safety to be the most important requirement for each 

and every flight. Our small-unmanned aircraft is designed to hover in place via GPS and 

operate in less than a 24 knots (15mph) wind. For safety, stability and fear of financial 

loss, we will not fly in winds exceeding 16 kph (10 mph). Built-in safety systems include 

a GPS mode that allows my UAS to hover in place when radio controls are released. 

With three modes to choose from, we utilize the GPS mode for aerial 

videography/photography. This is the safest, most reliable and stable mode to prevent 

accident and hazard. When pilot communication is lost, the UAS is designed to go into a 

Fail-Safe mode and slowly return-to-home; i.e., within 3 meters of the point of take off. 

In accordance with FAA regulations, we do not operate our UAS near airports, within 

temporary flight restricted areas, near hospitals or sporting event areas, near special 

security areas, and do not operate near areas where general public is anywhere within 150 

feet. With an observer always present, we are constantly on alert for both people on the 

ground and manned aircraft in the air, and prepared to land/abort immediately to the 
nearest and safest ground point should a manned aircraft approach my location or I

suspect manned aircraft may approach near my location. 

Our UAS is capable of vertical and horizontal operations, and are flown only within my

line of sight and not to exceed 150 feet altitude and not to exceed 750 feet distance, as the 

remote control pilot in command. These distances are controlled by software-based, GPSenabled input to the NAZA flight control software (Figure 3).

Figure 3. Maximum allowable height above ground and maximum allowable distance are controlled 

by software input to the NAZA flight control software.

Utilizing battery power rather than combustible fuels, flights will last not more than 

seven (7) to ten (10) minutes. We will utilize a fresh fully-charged Smart Battery with 

each the start of each flight as a safety precaution; full flight time for each battery is 15 

(fifteen) to twenty (20) minutes as tested; thereby providing not less than a fifty (50) 

percent Smart Battery power margin. we do not operate my UAS at or below 

manufacturer-recommend minimum charge levels for operation; preferring to remain 

well within a safe operating range to insure adequate communication between radio 

control and UAS to eliminate potential for crash, loss of control or hazard. Extra Smart 

Batteries are kept at hand and in reserve with each flight event to insure fast replacement 

and an always-foremost safe level of operation (Figure 4).

Figure 4. Smart Battery employed in Phantom 2 provides immediate visual awareness and percent 

battery charge remaining as well as similar information during flight through Ground Control 

Station. 
We do not believe in taking any risk that may cause any harm or crash that could create a 

hazard to the public, to property and to manned aircraft, and have no desire to lose an 

investment. We have recorded numerous practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization with the 

characteristics of this specific UAS's performance under different temperature and 

weather conditions. We also practice computerized simulated flights to maintain 

adequate skills and response reflex time. All for the sake of safety, SkyScape Services 

LLC personnel are extremely cautious when operating our UAS/ultra lightweight 

unmanned aircraft and will not “create a hazard to users of the national airspace system 

or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of our UAS, it 

falls well within Congress’s contemplated safety zone when it promulgated the Reform 

Act and the corresponding directive to integrate UAS's into the national airspace system. 

SkyScape Services LLC Phantom 2 UAS, used in hobby flight, has a demonstrable safety

record and does not pose any threat to the general public or national security.

IV. How SkyScape Services LLC Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing has been 

conducted for years through manned fixed-wing and rotary-wing aircraft. For small 

budget real estate companies and average homeowners, the expense of such aerial 

videography is cost-prohibitive in the hundreds to thousands of dollars. Only large 

companies and high-end Realtors or luxury homeowners can afford to absorb such 

expense; depriving non-luxury homeowners and lower budget Realtors from a valuable 

marketing tool. Manned aircraft can pose a threat to the general public through a 

potentially catastrophic crash, and communities have experienced such in the past 

through both the mass of the aircraft and the on-board combustible fuel that can burn 

persons and property quite violently upon impact. My UAS poses no such impact threat 

to the general public since size/weight/power is not less than 1/500th of a manned aircraft 

and the lack of combustible fuel alleviates any potential burning threat to the general 

public. 

Congress has already proclaimed that it is in the public’s interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the 

Reform Act. Granting SkyScape Services LLC exemption request furthers the public 

interest through visual awareness of the geographical benefits in and around the 

Delaware, Maryland and Virginia area. In furtherance of the public’s interest, we would 
also make our services available on a volunteer/no-cost basis to local Not-for-Profit / 

Search and Rescue / Fire Fighting organizations.

Our ultra lightweight UAS is battery powered and creates no emissions that can harm the 

environment. The consequence of our ultra lightweight UAS crashing is far less than a 

full size helicopter or fixed wing aircraft; which are heavy, contain a pilot, many gallons 

of combustible fuel and can cause catastrophic devastation to the public. The Smart 

Battery employed in Phantom 2 provides immediate visual awareness and percent battery

charge remaining as well as similar information during flight through Ground Control 

Station.

The public’s interest is further supported by minimizing the potential for ecological 

damage and crash threats by permitting aerial video/photo capture through my battery

operated ultra lightweight UAS's. Permitting SkyScape Services LLC to immediately fly 

within national air space furthers economic growth. Granting our exemption request 

substantially furthers the economic impact for the Delaware, Maryland and Virginia area 

for companies and families looking to relocate or build in the areas as well as Not-forProfit / Search and Rescue / Fire Fighting needing enhanced local awareness, all of which 

serve to strengthen and stimulate the community.
V. Reasons Why SkyScape Services LLS Exemption Will Not Adversely Affect 

Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To 

Existing Rule:

SkyScape Services LLC exemption will not adversely affect safety. We have been flying 

for 26 years with zero incidents and quite to the contrary for the reasons stated, 

permitting us to log more flight time in FAA controlled airspace, with communication 

with the FAA, will allow us to contribute to the innovation and implementation of new 

and novel, as of yet undiscovered safety protocols for Photography / Video Photography / 

Realtors / Not-for-Profit / Search and Rescue / Fire Fighting organizations for 

development in cooperation with the FAA. In addition SkyScape Services LLC submit 

the following representations of enhancements to current aerial videography and 

photography for real estate:

• Our UAS weighs approximately 3 pounds complete with a small 

ultra lightweight high quality GoPro Hero3+ Black camera or FLIR Tau 2 

camera;

• We only operate my UAS at less than 150 feet altitude. Altitude 

limits are software-defined and GPS-enabled, and well within the 400 foot 

permissible ceiling set by the FAA Modernization and Reform Act of 2012;

• We pilot our UAS through remote manual and GPS-stabilized 

control only by line-of-sight not beyond 750 feet. Distance limits are softwaredefined and GPS-enabled.

• We pilot our UAS with the aid of a Ground Control Station with 

real-time monitoring of Smart Battery status, GPS signals, Geo-Location, and 

embedded emergency modes for Auto-Land and Return-to-Home (Figure 5); 

• We pilot our UAS with the aid of a Radio Controller, and 

additional emergency modes are embedded within the Radio Controller for FailSafe, Home-Lock, and Command Shut-Off;

• Our Ground Control Station has a Weather App for real-time local 

weather reports, warnings and Doppler radar embedded within the iPad platform. 

• Our UAS only operates for less than 10 minutes per flight for a 

50% Smart Battery power margin;
• We land my UAS prior to manufacturer recommended minimum 

level of battery power;

• Our UAS has GPS a flight safety feature whereby it returns-tohome and then slowly lands if communication with the remote control pilot is 

lost;

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

constantly update and enhance safety protocols;

• We only operate in reasonably safe environment that are strictly 

controlled, are away from power lines, elevated lights, airports and actively

populated areas;

• We conduct extensive pre-flight inspections and protocol, during 

which safety carries the pre-eminent importance;

• We always obtain all necessary permissions prior to operation; 

and,

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

breaches or potential danger.

SkyScape Services LLC’s safety protocols provide a level of safety equal to or exceeding 

existing rules. It is important to note that absent the integration of commercial UAS into 

our national airspace system, 1,500+ pounds rotary-wing and fixed-wing aircraft are the 

primary means of aerial video and photography for community awareness and real estate. 

While the safety record of such aircraft is remarkable, there have been local incidents 

involving loss of life as well as extensive property damage; thus, it is far safer to operate 

a 3-pound, battery powered ultra lightweight UAS.

Figure 5. Ground Control Station with real-time monitoring of Smart Battery status, GPS signals, 

Geo-Location, and embedded emergency modes for Auto-Land and Return-to-Home. Additional 

emergency modes for Fail-Safe, Home-Lock, and Command Shut-Off are embedded on the Radio 

Controller. Weather App for local weather reports, warnings and Doppler radar is also embedded 

within iPad platform. Screenshot taken during photo for Figure 1. Geo-location and orientation 

indicated on map by red arrowhead and GPS-recorded home point indicated by “H” icon.
• First, the potential loss of life is diminished because UAS's carry

no people onboard and we only operate my UAS in specific areas away from 

mass populations.

• Second, there is no fuel on board a UAS and thus the potential for 

fire or explosions is greatly diminished.

• Third, the small size and extreme maneuverability of my UAS 

allow us to remotely pilot away from and avoid hazards quickly and safely.

• Lastly, given its small size and weight, even when close enough to 

capture amazing images, our UAS need not be so close to the objects they are 

focused on through the technology and use of post editing software allowing pan 

and zoom. Accordingly, our UAS has been experimentally operated for 

familiarization/competency and will continue to operate at and above current 

safety levels.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R.91: Airworthiness Certificates, Manuals and The 

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation to 

FAR §91.203(a)(1). 

The size, weight and enclosed operational area of SkyScape Services LLC’s UAS permits 

exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of 

safety pursuant to Section 333 of the Reform Act.

The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C.§ 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability, and proximity
to areas such as airports and dense populations. Our current and projected UAS's meet or 

exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no 

on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a 

safety/flight manual with the PIC during UAS flight operations. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS 

utilizes the global positioning system to report altitude in real-time through the Ground 

Control Station plus maximum allowable altitudes and distances are pre-set through the 

NAZA flight control software.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The

equivalent level of safety will be achieved by maintaining any such required certifications 

and registrations by SkyScape Services LLC on site during UAS flight operations.

B. 14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. Our UAS are, by definition, unmanned. They therefore do not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft with dimensions smaller than the 

minimal lettering requirement. Regardless, we will mark the UASs in the largest possible 

lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 

C.F.R.§45.29 (f) so that we the pilots, or anyone assisting us as a spotter with the UAS 
will see the markings. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700.

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

Pursuant to 14 C.F.R.§§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. SkyScape Services LLC can achieve an equivalent level of safety as achieved 

by current Regulations because our UAS does not carry any pilots or passengers. The 

risk associated to the operation of our UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing us, SkyScape 

Services LLC, to operate our UAS will meet and exceed current safety levels in relation 

to 14C.F.R. §61.113 (a) & (b).

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

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

helicopters to be operated at lower altitudes in certain conditions. Our UAS will never 

operate at an altitude greater than 150 feet AGL; safely below the standard of 400 AGL. 

SkyScape Services LLC will operate our UAS in safe areas away from public and traffic, 

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

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

or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections.

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

to “have [the] aircraft inspected as prescribed 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. . . .” These Regulations 

only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to 

my, Thomas Gorner’s UAS. Nevertheless, as a safety precaution, We inspect our UAS 

before and after each flight. As an added measure, our aircraft has been routinely checked 
by the local OEM dealer, Intelligent UAS www.1uas.com to insure all elements and the 

total system are functioning to specification. Further, only OEM replacement parts are 

used in my Phantom 2 aircraft in order to insure the peak level of reliability and 

performance.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, 

entitled Airworthiness Certificates, set forth requirements for procurement of necessary

airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and 

operational area of my UAS permit exemption from Part 21 because SkyScape Services 

LLC UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. 

The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. Our UAS meets or exceeds each of the 

elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in the form 

contemplated by the FARs, this Regulation is inapplicable. 14C.F.R. § 91.9 (b) (2) 

requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and 

given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety

will be achieved by maintaining a manual onsite during UAS flight operations. The FAA 

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software 

updates and curative measures for any damaged hardware. Therefore, an equivalent level 

of safety will be achieved.

In summary, SkyScape Services LLC seeks an exemption from the following 

Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R.§§ 61.113 (a) & (b); 14 C.F.R. 

§91.7 (a); 14 C.F.R.§ 91.9 (b)(2); 14 C.F.R.§ 91.103(b); 14 C.F.R.§ 91.109; 14 

C.F.R.§91.119; 14 C.F.R.§ 91.121; 14 C.F.R.§ 91.151(a); 14 C.F.R.§§ 91.203(a) and (b); 

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

C.F.R.§91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate our 

small unmanned vehicle/lightweight unmanned aircraft vehicle in community support 

and real estate operations, and to develop economic platforms for real estate to enhance 
the experience of those seeking to relocate to the Delaware, Maryland, and Virginia 

areas. 

Currently, area awareness and real estate aerial videography/photography relies primarily

on the use of larger aircraft running on combustible fuel and posing impact potential risk 

to the public. Granting SkyScape Services LLC request for exemption will reduce 

current risk levels and thereby enhance safety. Our UAS aircraft does not contain 

potentially explosive fuel, is smaller, lighter and more maneuverable than conventional 

real estate video and photographic aircraft, and requires much less flight time to complete 

a flight mission. Further, we operate at lower altitudes and in controlled airspace; 

thereby, eliminating potential public risk by flying to and from established airfields. 

SkyScape Services LLC have been informally analyzing flight information and will 

compile safety protocols and the implementation of a flight operations manual for real 

estate usage that exceeds currently accepted means and methods for safe flight. Formal 

collection of information will be shared with the FAA, and will enhance the FAA's 

internal efforts to establish protocols for complying with the FAA Modernization and 

Reform Act of 2012. 

There are no personnel on board SkyScape Services LLC UAS and therefore the 

likelihood of death or serious bodily injury is significantly diminished. Operation of our 

UAS, weighing approximately 3 pounds and travelling at lower speeds within limited 

areas will provide an equivalent level of safety as that achieved under current FARs. 

Accordingly SkyScape Services LLC respectfully requests that the FAA grant our 

exemption request. We are willing to cooperate in sharing information to benefit the 

FAA, safety of manned/unmanned aircraft, and the general public at large.

Respectfully submitted,
__________________________

Thomas A. Gorner 

Founder and Principal

Thomas Gorner 

Founder and Principal

SkyScape Services LLC 

1505 Nightshade Court 

Vienna, VA 22182 

(571) 286-0311 

tom@mySkyScape.com 

Robert Scerino

Principal, SkyScape Services LLC

rmserino@mySkyScape.com

 

Michael Petrelle

Principal, SkyScape Services LLC

mike@mySkyScape.com

Appendices:

Appendix A - Phantom 2 Quick Start Guide

Appendix B - Phantom 2 User Manual
Appendix C - NAZA-M Quick Start Guide

Appendix D - Smart Flight Battery Safety Guidelines

Appendix E - 2.4G Bluetooth Datalink & iPad Ground Control 

Station User Guide

Appendix F - 5.8G VideoLink User Manual

Appendix G - Cloverleaf Antenna User Manual

Appendix H - SkyScape Safety Protocols and System Controls

Appendix I - SkyScape Safety of Flight Manual and Record

Appendix J - SkyScape UAS PIC Pilot Logbook Extract