May 14, 2015

Exemption No. 11586 Regulatory Docket No. FAA

– 20 15

– 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 Febr uary 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 all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct aerial videography and cinematography

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cau se 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, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2 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 , C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of pa rt 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 No s
. 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 Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA f ound 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 pre sent; 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.3

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 req uirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and c annot 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 outli ned 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 req uest. 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 update4 or revision would affect the basis upon which the FAA granted this exempt ion, then the operator must petition for an amendment to its grant of exemption. The FA A’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 maintenan ce 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 onl y 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 an d 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 potent ial 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew 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 evasiv e 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 (traini ng, 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 operated5 under this exemption are permitted under the terms of this ex emption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC mus t 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 symbo l 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 agreeme nt 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 sign al, the UA must return to a pre
- determined location within the pr ivate or controlled

- access property.
19. The PIC must abort the flight in the event of unpredicted obstacles o r 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 cond ucted 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.6 These documents must be made available to the Administrator or any law enforcement official upon request.
24. The UA must remain clear a nd 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, v ehicles, 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 protectio n. 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 t rainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. P ermission 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 FA A'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 a rea of proposed filming. The 3

- day7 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 th e 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 invol ved 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 operati on. 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
EnclosuresA 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 Princ ipal of Sky Scape Services LL C, 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 Sky Scape 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 sy stem (“UAS”) commercially in airspace regulated by

the Federal Aviation Administration (“FAA”).Robert M. Serino, principal of Sky Scape Services LLC, is a FAA Licensed Pilot

#33442220 for Airplane Single Engine Land am experienced in fl yi ng hobby helicopters for recreational and US Government purposes

As described herein our staff is experienced in fly ing hobby helicopters fo r recreational purposes. We have added commercial grade DJ I 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
reco rding 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 safet y.

**Figure 1. DJI Phantom 2 quad** 

**- cop**  **ters with Radio Controllers and either a GoPro Hero3+Black**
**cam era or a FLIR Tau 2 camera. A tripod** 

**- mounted Ground Control Station with separate higher** 

**** **resolution viewing screen is also shown.**

During flights, we would conduct two

- person pilot plus observer activities at a low

altitude of fewer than 150 feet, within a line

- of

- sight of fewer than 750 feet, and only for day time aerial videography

and cinematography . Our intent is enhancement of
co mmunity

awareness for those individuals, not

- for

- profit organizations, and companies unfamiliar with the geographical lay out of Delaware, Mary land, 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 b y 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 safet y, built

- in safeguards,reliability and ease

- of

- operability

for th e 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 Safet y Guidelin es Appendix E

- 2.4G Bluetooth Datalink & iPad Ground Control Station User Guide Appendix F

- 5.8G VideoL ink User Manual Appendix G

- Cloverleaf Antenna User Manual Appendix H

- Sky Scape Safety Protocols and Sy stem Controls Appendix I

- Sky Scape Safet y of Flight Manual and Record

In terms of piloting experience under an exemption our staff at Sk yS cape Services LLC, has been fl yi ng RC electric helicopters for 1 (one) y ear; all without incident of any kind. The following Appendix J is an extract of Robert Serino of Sky Scape Services LL C Pilot Lo gbook regarding takeoffs /landings and fl yi ng hours of Phantom 2 UAS as Pilot

- In

Command (PI C):

Appendix J

- Sky Scape UAS PI C Pilot L ogbook Extract

We are committed to safety with each flight, and an exemption woul d permit operation of ultra lightweight, unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly

controlled and limited airspace. We would fl y in predetermined in areas for community

videos, and within property boundaries for ind ividual 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 ai rports, 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 hobby ists with no safet y plan or controls in place to prevent catastrophe legally operate similar lightweight, remote controlled UAS’s. We have personally

instilled safet y protocols and controls to avoid and prevent pu blic 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 safet y protocols exclusive to lightweight UAS's specific to real estate vid eo and photograph y 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 Sk yS cape Services LLC request conforms with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to integrate UAS's into the national airspace sy stem, and to “...establish requirements for the safe operation of such aircraft s ys tems [UAS's] in the national airspace s ys tem” 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 a nd/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 m**  **onitoring with and without aid of a Ground Control Station. An example flight** 

**- restricted 5** 

**- mi**  **le zone is shown for the Bal tim**  **ore area on the Ground Control Station flight m**  **onitoring m ap.** 

For the reasons stated below, we respectfull y request the grant of an exemption allowing Sky Scape Services LLC to operate ultra lightweight, remote controlled UAS’s forcommunity awareness to benefit/stimulate attraction Delaware, Virginia and Mary land 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 increa sed employ ment 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.• Co ntact I nformation:

Thomas Gorner Founder and Principal Sky Scape Services LLC 1505 Nightshade Court Vienna, VA 22182 (571) 286

- 0311 tom@my Sky Scape.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:** Sky Scape 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 pre vent us from contemplated commercial cinematic, charitable, voluntary , and other flight operations within the national airspace s ys tem. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft sy stems into our national airspa ce sy stem 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 b y the Reform A ct. 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 uniforml y to other UAS

- related activities for aerial video and photography

.

The Reform Act guides the Secretary in determining the t ypes of UAS's that may operate safel y in our national airspace s ys tem. 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 favo r of an exemption for Sky Scape Services LLC. Our UAS utilizes four (4) counter

- rotating propellers for balance, control and stability . M y UAS is equipped with GPS and auto return, fail

- safe safety technology , and weighs approximately three (3) pounds (fa r below the maximum 55 pounds limit); including camera with gimbal.

Sky Scape Services LLC considers safet y 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 le ss than a 24 knots (15mph) wind. For safet y, stability and fear of financial loss, we will not fly

in winds exceeding 16 kph (10 mph). Built

- in safet y s ys tems 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 videograph y/

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 a nd 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 securit y areas, and do not operate near areas where general public is an yw here within 150 feet. With an observer alway s 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 th enearest and safest ground point should a manned aircraft approach m y location or I

suspect manned aircraft may approach near m y location.

Our UAS is capable of vertical and horizontal operations, and are flown only within my line of sight and not to ex ceed 150 feet altitude and not to exceed 750 feet distance, as the remote control pilot in command. These distances are controlled b y software

- based, GPS

enabled input to the NAZA flight control software (Figure 3).

**Figure 3. Maximum allowable height a bove ground and m**  **aximum 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 fres h fully

- charged Smart Battery with each the start of each flight as a safet y precaution; full flight time for each battery is 15 (fifteen) to twent y (20) minutes as tested; thereb y providing not less than a fifty (50) percent Smart Battery

power margin. w e do not operate m y 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 alway s - foremost safe level of operation (Figure 4).

**Figure 4. Sm art Battery employed in Phantom**  **2 provides immediate vis ual awareness and percent**  **battery charge rem aining as well as sim**  **ilar inform ation during flight through Ground Control**  **Station.**We do not believe in taking an y risk that may cause an y harm or crash that could create a hazard to the public, to propert y a nd to manned aircraft, and have no desire to lose an investment. We have recorded numerous practice flights in remote areas as a hobby ist 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 safet y, Sk yS cape 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 s ys tem 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 sa fet y zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace s ys tem. Sky Scape 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 videograph y for geographical awareness and for real estate marketing has been conducted for years through manned fixed

- wing and rot ar y - wing aircraft. For small budget real estate companies and average homeowners, the expense of such aerial videograph y is cost

- prohibitive in the hundreds to thousands of dollars. Only large companies and high

- end Realtors or luxury homeowners can affo rd 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 propert y 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 an y potential burning threat to the general public.

Congress has alread y proclaimed that it is in the public’s interest to integrate commerciall y flown UAS's into the national airspace s ys tem, hence the passing of the Reform Act. Granting Sky Scape Services LL C exemption request furthers the public interest through visual awareness of the geographical benefits in and around the Delaware, Mary land and Virginia area. In furtherance of the public’s interest, we wouldalso 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 ai rcraft; which are heav y, contain a pilot, many gallons of combustible fuel and can cause catastrophic devastation to the public. The Smart Battery employ ed in Phantom 2 provides immediate visual awareness and percent battery charge remaining as well as si milar information during flight through Ground Control Station.

The public’s interest is further supported b y minimizing the potential for ecological damage and crash threats by permitting aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting SkyScape Services LL C to immediately fl y within national air space furthers economic growth. Granting our exemption request substantially

furthers the economic impact for the Delaware, Mary land and Virginia area for companies and families looking to relocate or build in the areas as well as Not

- for

Profit / 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 Exemp tion Will Not Adversely Affect** 

**Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:** 

Sky Scape Services LLC exemption will not adversely affect safety . We have been fl yi ng 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 safet y protoc ols for Photograph y / Video Photograph y / Realtors / Not

- for

- Profit / Search and Rescue / Fire Fighting organizations for development in cooperation with the FAA. In addition Sky Scape Services LLC submit the following representations of enhancements to cu rrent aerial videography and photograph y 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 m y UAS at less than 150 feet altitud e. 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 be yond 750 feet. Distance limits are software

defined 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 R eturn

- 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 Fail

Safe, Home

- Lo ck, and Command Shut

- Off;

• Our Ground Control Station has a Weather App for r eal

- 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 l evel of battery

power;

• Our UAS has GPS a flight safet y feature whereb y it returns

- to

home and then slowly

lands if communication with the remote control pilot is lost;

• We actively anal yz e flight data and other sources of information to constantly

upd ate and enhance safet y protocols;

• We only

operate in reasonably

safe environment that are strictl y controlled, are away

from power lines, elevated lights, airports and actively populated areas;

• We conduct extensive pre

- flight inspections and protocol , during which safet y carries the pre

- eminent importance;

• We alway s obtain all necessary permissions prior to operation; and,

• We have procedures in place to abort flights in the event of safet y breaches or potential danger.

Sky Scape Services LLC’s s afet y protocols provide a level of safet y equal to or exceeding existing rules. I t is important to note that absent the integration of commercial UAS into our national airspace s ys tem, 1,500+ pounds rotary

- wing and fixed

- wing aircraft are the primary mean s of aerial video and photograph y 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 operat e a 3

- pound, battery

powered ultra lightweight UAS.

**Figure 5. Ground Control Station with real**

**- tim**  **e monitoring of Sm art Battery status, GPS signals,**  **Geo**

**- Location, and embedded emergency m**  **odes for Auto**

**- Land and Return** 
**- to** 
**- Hom**  **e. Additional**
**em ergency modes for Fail** 

**- Safe, Hom**  **e -**  **Lock, and Command Shut**

**- Off are em**  **b edded 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**

**- rec**  **orded hom e point indicated by “H” icon.** • First, the potential loss of life is diminished because UAS's carry no people onboard and we only operate m y 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 safel y.

• Lastl y, 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 safet y 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, M anuals 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 Sky Sc ape Services LLC’s UAS permits exemption from Part 21 because m y UAS meets (and exceeds) an equivalent level of safet y 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, maneuverabilit y, and proximityto 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 inapp licable. An equivalent level of safet y will be achieved b y m aintaining a safet y/ flight manual with the PI C during UAS flight operations. The FAA has previously

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9 565B, 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 s ys tem to report altitude in real

- time through the Ground Control Station plus maximum allowabl e altitudes and distances are pre

- set through the NAZA flight control software.

14 C.F.R. § 91.203 (a) and (b) provides for the carry ing of civil aircraft certifications and registrations. They

are inapplicable for the same reasons described above. The equivalent level of safet y will be achieved b y m aintaining an y such required certifications and registrations b y SkyScape Services LL C 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, b y definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Furth er, two

inch 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 b y placing the word “EXPERIMENTAL” on its fuselage as r equired by 14 C.F.R.§45.29 (f) so that we the pilots, or an yone assisting us as a spotter with the UASwill see the markings. The FAA has previousl y 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. Sky Scape Services LLC can achieve an equivalent level of safety as achieved by current Regulatio ns 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, Sky Scape Services LLC, to operate our UAS will meet and exceed current safet y 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 he licopters to be operated at lower altitudes in certain conditions. Our UAS will never operate at an altitude greater than 150 feet AGL; safel y below the standard of 400 AGL. Sky Scape Services LLC will operate our UAS in safe areas away from public and tr affic, 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 safet y 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 insp ections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .” These Regulations only appl y to aircraft with an airworthiness certificate. They will not, therefore, appl y to
m y, Thomas Gorner’s UAS. Nevertheless, as a safet y precaution, We inspect our UAS before and after each flight. As an added measure, our aircraft has been routinely checkedby

the local OEM dealer, I ntelligent UAS www.1uas.com to insure all elements and th e total sy stem 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 L ike. 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 Sky Scape Services LLC UAS meets an equivalent level of safet y pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certifica te 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, maneuverabil ity 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 b y 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 e quivalent level of safety will be achieved b y m aintaining a manual onsite during UAS flight operations. The FAA has previousl y issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program th at involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safet y will be achieved.

In summary , Sky Scape 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 commerciall y operate our small unmanned vehicle/lightweight unmanned aircraft vehicle in community support and real estate operations, and to dev elop economic platforms for real estate to enhancethe experience of those seeking to relocate to the Delaware, Mary land, and Virginia

areas.

Currently , area awareness and real estate aerial videography /photograph y relies primarily on the use of larger aircraft running on combustible fuel and posing impact potential risk to the public. Granting Sky Scape Services LL C request for exemption will reduce current risk levels and thereb y 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; thereb y, eli minating potential public risk by fl yi ng to and from established airfields.

Sky Scape Services LLC have been informall y analy zing flight information and will compile safet y protocols and the implementation of a flight operations manual for real estate us age that exceeds currentl y 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 compl yi ng with the FAA Modernization and Reform Act of 2012.

There are no personnel on board Sky Scape 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 l imited areas will provide an equivalent level of safet y as that achieved under current FARs. Accordingl y Sk yS cape Services LLC respectfully requests that the FAA grant our exemption request. We are willing to cooperate in sharing information to benefit t he FAA, safet y of manned/unmanned aircraft, and the general public at large.

Respectfully

submitted,__________________________

Thomas A. Gorner Founder and Principal

Thomas Gorner Founder and Principal Sky Scape Services LLC 1505 Nightshade Court Vienna, VA 22182 (571) 286

- 0311 tom@my Sky Scape.com

Robert Scerino Principal, Sky Scape Services LL C

rmser ino@my Sky Scape.com

Michael Petrelle Principal, Sky Scape Services LL C mike@my Sky Scape.com

Appendices:

Appendix A

- Phantom 2 Quick Start Guide Appendix B

- Phantom 2 User ManualAppendix C

- NAZA

- M Quick Start Guide

Appendix D

- Smart Flight Battery Safet y Guidelines Appendix E

- 2.4G Bluetooth Datalink & iPad Ground Control Station User Guide Appendix F

- 5.8G VideoL ink User Manual Appendix G

- Cloverleaf Antenna User Manual Appendix H

- Sky Scape Safety Protocols and Sy stem Controls Appendix I

- Sky Scape Safet y of Flight Manual and Record Appendix J

- Sky Scape UAS PI C Pilot L ogbook Extract