May 26, 2015

Exemption No. 11687

Regulatory Docket No. FAA–2015–0117

Ms. Marjorie K. Conner

Counsel for OpenSky Drones, LLC

Attorney

700 West View Terrace

Alexandria, VA 22302

Dear Ms. Conner:

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 letters dated January 9, April 13, and May 4, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of OpenSky Drones, LLC (hereinafter petitioner or operator) 

for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct motion picture and television operations.

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 are the DJI S1000, DJI Inspire, DJI 450 Flame Wheel, 

and DJI 550 Flame Wheel.
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 

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 collection1 and closed set motion picture and 

filming. 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, OpenSky Drones, 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 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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and closed set motion picture and filming. This exemption is subject to the conditions and 

limitations listed below.

Conditions and Limitations

In this grant of exemption, OpenSky Drones, 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.

1. Operations authorized by this grant of exemption are limited to the DJI S1000, DJI 

Inspire, DJI 450 Flame Wheel, and DJI 550 Flame Wheel 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 

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 
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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 

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 
5

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 

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 
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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. 

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 
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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 

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
January 9, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 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);91.417 (a) & (b). 

To Whom It May Concern: 

In pursuant with Section 333 of the FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11, 

OpenSky Drones LLC (OpenSky), an operator of a small Unmanned Aircraft System (sUAS) for the 

motion picture and television industry, seeks an exemption from the Federal Aviation Regulations 

(FARs) to allow commercial operations of its sUAS. Regulations ("FARs") to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is limited, 

predetermined, controlled as to access and would provide safety enhancements to the already safe 

operations in the film and television industry presently using conventional aircraft. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to " ... establish requirements for the safe operation of such aircraft 

systems in the national airspace system." Section 333(c) of the Reform Act. 

Information Supporting this Petition as Specified in 14 C.F.R. §11.81 

(a) Your name and mailing address and, if you wish, other contact information such as a fax number, 

telephone number, or e-mail address; 

OpenSky Drones, LLC. 

Dan Q Pham, P.E. 

12453 NW 44th St 

Coral Springs, FL 33095 

(954) 918-3888 

Email: dan@OpenSkydrones.com 

(b) The specific section or sections of 14 C.F.R. from which OpenSky seeks an exemption 

• 21- Subpart H Certification procedures for products and parts, Airworthiness 

Certificates 

• 45.23 - Display of marks; general 

• 61.113- Private pilot privileges and limitations: Pilot in command 

• 91.103- Preflight Actions 

• 91.105- Flight crewmembers at stations 

• 91.109- Flight instruction; Simulated instrument flight and certain flight tests 

. f) 
• 91.119- Minimum safe altitudes: General 

• 91.121-Altimetersettings 

• 91.151- Fuel requirements for flights in Visual Flight Rules (VFR) conditions 

• 91.203 -Civil aircraft: certification required 

• 91.405- Maintenance required 

• 91.407- Operation after maintenance, preventative maintenance, rebuilding, and 

alteration 

• 91.409 -Inspections 

• 91.417 - Maintenance records 

(c) The extent of relief OpenSky seeks, and the reason OpenSky seeks the relief 

OpenSky seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and 91 to the extent 

to operate small UASs to record aerial video for cinematographic purposes. 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system" 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the 

Act, that includes sUASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC 

§44704; 14CFR§91.203 (a) (1). 

14 C.F .R. 21 - Subpart H Certification procedures for products and parts, Airworthiness 

Certificates 

OpenSky seeks exemption from 14 C.F.R. 21, Subpart H which states the certification procedures for 

products and parts as well as airworthiness certificates. The sUAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored 

by both the operator, pursuant to the Manual's requirements, and under the requirements and in 

compliance with local public safety requirements, to provide security for the area of operation as is 

now done with conventional filming. The FAA will have advance notice of all operations. These safety 

enhancements, which already apply to civil aircraft operated in connection with motion picture and 

television production, provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of operation, lack of 
explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

OpenSky has developed our own training procedures and regulations to promote and provide safe 

flying experiences for our PIC(s) which can be viewed in section (e) of this petition. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both the 

operator, pursuant to the Manual's requirements, and under the requirements and in compliance 

with local public safety requirements, to provide security for the area of operation. 

14 C.F.R. § 45.23 (b). Marking ofthe Aircraft 

OpenSky seeks exemption from 14 C.F.R. 45.23, which discusses the display of marks. Specifically, 

section 45.23 states, "(a) each operator of an aircraft must display on that aircraft marks consisting of 

the Roman capital letter "N" (denoting United States registration) followed by the registration 

number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital 

letter (b) when marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light- sport," "experimental," or "provisional," as applicable". 

OpenSky will need exemption from this regulation due to the small size of the aircraft and that there 

is no cabin, cockpit, or pilot station for the aircraft. The words "Experimental" has been placed on the 

fuselage in compliance with §45.29 (f) where the pilot, observer and others working with the sUAV 

will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions 

to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

OpenSky seeks exemption from 14 C.F.R. 61.113, which discusses private pilot privileges and 

limitations for the Pilot in command (PIC). 

OpenSky is seeking exemption from this regulation, because OpenSky believes that there is 

inconclusive evidence that a person with a private pilot certificate can successfully maneuver a sUAS 

without first hand flight experience with the particular sUAS. In fact, having a private pilot license 

does not automatically ensure competence at flying an sUAS in 3rct person view as required to 

properly operate an sUAS within the required line of sight. However, we believe that the PIC and our 

FOVO (Field Operation Visual Observer) must be able to understand and correctly interact with the 

general aviation community. Therefore, we believe our own flight training with the sUAS will be 

more than satisfactory. Our PIC and FOVO will be both certified in Ground School training to be able 

to properly interact with General Aviation protocols. They will also actively pursue a private pilot's 

license as well have the necessary medical qualifications. 

14 C.F.R. 91.103- Preflight Actions 

OpenSky seeks exemption from 14 C.F.R. 91.103 which states that each pilot in command shall, 

before beginning a flight, become familiar with all available information concerning that flight. This 

information must include: (a) For a flight under IFR or a flight not in the vicinity of an airport, 

weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot 

be completed, and any known traffic delays of which the pilot in command has been advised by ATC; 

actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and 

aircraft performance data before starting a flight. 

OpenSky's will be operating our sUAS in VFR. Our operations manual already includes preflight 

procedures directly pertaining to our sUAS which includes equipment checklist as well a preplanning 

details regarding weather conditions, review of any possible flight path of general aviation, our 

mission flight path and weather conditions amongst other parameters required to complete the 

mission. 
14 C.F.R. 91.105 -Flight crewmembers at stations 

OpenSky seeks exemption from 14 C.F.R. 91.105, which discusses flight crewmembers at stations. 

Specifically, 91.105 states "(a) During takeoff and landing, and while en route, each required flight 

crewmember shall (1) Be at the crewmember station unless the absence is necessary to perform 

duties in connection with the operation of the aircraft or in connection with physiological needs; and 

(2) Keep the safety belt fastened while at the crewmember station. (b) Each required flight 

crewmember of a U.S.-registered civil aircraft shall, during takeoff and landing, keep his or her 

shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if 

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or (2) The 

crewmember would be unable to perform required duties with the shoulder harness fastened. 

OpenSky will need exemption from this regulation due to the fact that the sUAS will not have a flight 

crew or crew stations other than the PIC and a FOVO. The PIC will also not have to be restrained into 

a seat via shoulder harness or safety belt at the time of the flight. 

14 C.F.R. 91.109- Flight instruction; Simulated instrument flight and certain flight tests 

OpenSky seeks exemption from 14 C.F.R. 91.109, which discusses flight instruction, simulated 

instrument flight, and certain flight tests. Specifically, 91.109 states "(a) No person may operate a 

civil aircraft (except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls. However, instrument flight instruction may be given in an 

airplane that is equipped with a single, functioning throw over control wheel that controls the 

elevator and ailerons, in place of fixed, dual controls, when (1) The instructor has determined that 

the flight can be conducted safely; and (2) The person manipulating the controls has at least a private 

pilot certificate with appropriate category and class ratings. (b) An airplane equipped with a single, 

functioning throw over control wheel that controls the elevator and ailerons, in place of fixed, dual 

controls may be used for flight instruction to conduct a flight review required by §61.56 of this 

chapter, or to obtain recent flight experience or an instrument proficiency check required by §61.5 7 

when (1) The airplane is equipped with operable rudder pedals at both pilot stations; (2) The pilot 

manipulating the controls is qualified to serve and serves as pilot in command during the entire 

flight; (3) The instructor is current and qualified to serve as pilot in command of the airplane, meets 

the requirements of §61.195(b ), and has logged at least 25 hours of pilot-in-command flight time in 

the make and model of airplane; and ( 4) The pilot in command and the instructor have determined 

the flight can be conducted safely. (c) No person may operate a civil aircraft in simulated instrument 

flight unless (1) The other control seat is occupied by a safety pilot who possesses at least a private 

pilot certificate with category and class ratings appropriate to the aircraft being flown. (2) The safety 

pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the 

aircraft adequately supplements the vision of the safety pilot; and (3) Except in the case of lighterthan-air aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated 

instrument flight may be conducted in a single-engine airplane, equipped with a single, functioning, 

throw over control wheel, in place of fixed, dual controls of the elevator and ailerons, when (i) The 

safety pilot has determined that the flight can be conducted safely; and (ii) The person manipulating 

the controls has at least a private pilot certificate with appropriate category and class ratings. (d) No 

person may operate a civil aircraft that is being used for a flight test for an airline transport pilot 

certificate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless 

the pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in 

command of the aircraft". Again, Except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over 

congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 50Q feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered 

parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons 

or property on the surface- (1) A helicopter may be operated at less than the minimums prescribed 
in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with 

any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered 

parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in 

paragraph (c) of this section (a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating-(1) Below 18,000 feet MSL, to-(i) The current reported altimeter setting of a station 

along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area 

prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an 

appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the 

elevation of the departure airport or an appropriate altimeter setting available before departure; or 

(2) At or above 18,000 feet MSL, to 29.92" Hg. (b) The lowest usable flight level is determined by the 

atmospheric pressure in the area of operation as shown in the following table: 

OpenSky believes that there is inconclusive evidence that a person with a private pilot certificate or 

license can successfully maneuver or train someone to use an sUAS without first hand flight 

experience with the particular sUAS. Flying in 3rd person orientation requires built-up experience in 

that form of flying for many years. Therefore, we believe our own flight training, pilot protocols and 

first hand experiences with the sUAS as laid out in our Flight Operations Manual meets and exceeds 

the requirements necessary to safely operate our sUAS for the tasks we purpose. Also, the sUAS will 

be operated by a remote control, which will only require a single person operator and dual controls 

will not be necessary. 

14 C.F.R. 91.119- Minimum safe altitudes: General 

OpenSky seeks exemption from 14 C.F.R. 91.119, which discusses minimum safe altitudes. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, except for the 

limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will 

however be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the filming 

activity, all affected individuals will be aware of the planned flight operations as set forth in the 

Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or below 

500 AGL in the movie industry. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small- UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 

14 C.F.R. 91.121- Altimeter settings 

OpenSky seeks exemption from 14 C.F.R. 91.121, which discusses altimeter settings for lowest usable 

flight level. 

C.F.R. 91121 states, 

Current altimeter setting Lowest usable flight level 

29.92 (or higher) 180 

29.91 through 29.42 185 

29.41 through 28.92 190 

28.91 through 28.42 195 

28.41 through 27.92 200 

27.91 through 27.42 205 

27.41 through 26.92 210 
_l 

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, 

the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate 

num b ero H eet spec1 "f 1e db e I ow, accor d' mgtot h e current reporte d I . a t1meter settmg: " 

Current altimeter setting Adjustment factor 

29.92 (or higher) None 

29.91 through 29.42 500 

29.41 through 28.92 1,000 

28.91 through 28.42 1,500 

28.41 through 27.92 2,000 

27.91 through 27.42 2,500 

27.41 through 26.92 3,000 

OpenSky's sUAS uses both GPS altitude and barometric sensors and relays that information to our 

ground station. However, this data is used help the sUAS to automatically maintain position hold at 

the required elevation and therefore this code is not pertinent the functionality of this sUAS. 

14 C.F.R. 91.151- Fuel requirements for flights in Visual Flight Rules (VFR) conditions 

OpenSky seeks exemption from 14 C.F.R. 91.151, which discusses fuel requirements for flight in VFR 

conditions. Specifically, 91.151 states "(a) No person may begin a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed- (1) During the day, to fly 

after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No 

person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast 

weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 20 minutes". 

OpenSky's sUAS has a typical mission time ofless than 15 minutes with maximum flight time of 25 

minutes. Since this amount less than the 30 minute reserve minimum, this reserve minimum would 

not even make sense in allowing the sUAS a chance to fly. According to OpenSky's aircraft flight 

manual, the PIC is instructed to maintain flight until battery power reaches 25%, or 1st level warning. 

At this level, landing procedures will be intiated. Once the sUAS reads 20%, 2nd level warning, the 

flight control system automatically take over and initiates safe landing sequence at the logged in 

takeoff point. OpenSky policy outlined in our Flight Operations Manual achieves satisfactory safety 

standards. 

OpenSky believes that an appropriate and current airworthiness certificate would not be necessary 

to fly a sUAS given the size of the aircraft and the necessary level of skill needed to operate the 

aircraft. Before putting in to service, each of our sUAS goes through our own airworthiness 

proceedures of miminum test flight and reliability checks. Also, our sUAS are recalibrated each at the 

site location before each flight to ensure that all systems functions as designed. OpenSky seeks 

exemption from this regulation because we believe this rule was not meant for a sUAS and operators. 

14 C.F.R. 91.405, 91.407, 91.409, and 91.417 

OpenSky seeks exemption from 14 C.F.R. 91.405, 91.407, 91.409, and 91.417, which discusses 

required aircraft maintenance, operation after maintenance, preventive maintenance, rebuilding, or 

alteration, inspections, and maintenance records. In OpenSky's aircraft flight manual, maintenance 

and inspection procedures have been established for the aircraft. OpenSky believes these regulations 

are meant for manned operated aircrafts and not unmanned systems, therefore making them 

unnecessary. Nevertheless, we seek an exemption from any such specific provisions to the extent 

FAA finds it necessary to grant this request. 

(d) The reasons why granting OpenSky's request would be in the public interest; that is, how it would 
benefit the public as a whole. 

OpenSky is classified as an engineering company by the U.S. Department of Transportation and 

provides services to aerial support for commercial interest. OpenSky's use of a sUAS can assist in 

making task safer and minimize human exposure to being at dangerous elevations. OpenSky's sUAS 

usage in the aerial photography and cinematography will also reduce the time required to captured 

the needed scenes as compared to convention helicopters or airplanes. Ultimately, the result is quick 

completion of task an reduction of dangerous elevation perspective needs. 

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which OpenSky seeks 

exemption Our Engineering department will provide a level of safety that exceeds the level of safety 

required by the FAA for its use on sUAS. The following are OpenSky's safety procedures, features, 

regulations, and operating specifications for our sUAS: 

• Our Squadron Leader /Chief Pilot in Charge is an engineer who has 10 years of RC Model 

building and flight experience with over 1000 flight hours in Fixed-wing, Helicopter and 

Multi-Rotor 3rd person flight. He has been involved with flight design, experimentation and 

system optimization for model industry since 2008 though SAPAC, Inc. models. 

• Our staff includes an FAA-rated commercial flight instructor (ret) who coordinates our FOVO 

team in integration with general aviation. 

• The Pilot In Command (PIC) and Field Operations Visual Observer (FOVO) will be required 

to wear hard hats, safety vests, and safety glasses to protect the head and eyes from potential 

mishaps during given operational flights including training or testing of sUAS. 

• The flight area of the sUAS will be observed for best take off and landing locations. Desired 

conditions include: flat and level surfaces clear of debris, at least 15ft from power lines and 

structures, and a minimum distance of 12ft from the PIC and observers. 

• The sUAS will also be in the Visual Line of Sight (VLOS) to both the PIC and FOVO during all 

flights. 

• Flights must take place during good weather conditions with no rain, low laying clouds, or 

heavy winds. All flights will take place during daylight hours with no evening or late night 

flights. 

• The PIC(s) of the sUAS will at least have 12 training hours or 24 flights accrued before being 

designated working flights. 

• All batteries must be charged completely before each flight and each flight must end when 

the battery has a 30% power level remaining. 

• A visual safety inspection will occur before each flight, testing propeller tightness, security 

mount of camera/detection equipment, remote range test, and proper safety equipment is 

adorned to PIC and FOVO. 

• The sUAS will be flown under a height of 500 ft AGL. 

• No PIC or FOVO will engage in, nor may a PIC or FOVO permit, any activity during a critical 

phase of flight so as to ensure that the sUAS is in a condition for safe flight operation and in a 

configuration appropriate for the purpose of the intended flight. 

• If there is more than just an operator at a site during a flight, the PIC operator and observer 

or FOVO will maintain two-way communication with each other during all operations; if 

unable to maintain two-way communications, or if any condition occurs that may otherwise 

cause the operation to be unsafe, the operator will immediately conclude the operation. 

• If the communication link is lost, the sUAS will go into fail-safe mode and safely descend to 

its designated home-point location. If the communication link is reconnected during fail-safe 

mode, control of the sUAS can be regained before landing occurs at the home-point location. 

• There is no fuel or payload to the sUAS, therefore there will be no potential explosives or risk 

of explosion if a crash occurs with the sUAS. 

• The sUAS will feature a built in compass that will be recalibrated at every site to maintain 

accurate directional readings. The compass will also help in keeping the sUAS stable during 
• 

• 

• 

• 

• 

flights. 

The sUAS will record GPS location data once Ready to Fly status has been obtained. A 

minimum of 6 satellites will activate the Ready to Fly status. 

The weight of the sUAS is less than 20 lbs . 

The aircrafts vertical and horizontal aspect concerning hovering accuracy is less than 0.5m 

and 1.5m respectfully. With a maximum wind resistance of 18m ph. 

The typical aircraft wheelbase will be less than 1 OOOmm in length . 

The aircraft runs off a Li-Po battery . 

(f) A summary FAA can publish in the FEDERAL REGISTER, stating: (1) The rule from which you seek 

the exemption; and (2) A brief description of the nature of the exemption you seek 

Petitioner: OpenSky Drones, LLC. 

Sections of 14 C.F.R. Affected: 21 Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 

91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203; 91.405; 91.407; 91.409; and 91.417 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. 21 Subpart H; 

45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203; 

91.405; 91.407; 91.409; and 91.417 to Cinematographic filming subject to operating procedures that 

meet or exceed those that FAA requires. 

(g) Any additional information, views or arguments available to support your request 

Please see the introduction to this exemption request. 

(h) If you want to exercise the privileges of your exemption outside of the United States, the reason 

why you need to do so 

The Operations described in this exemption request will be conducted wholly within the United 

States. 

Attached hereto, and submitted as a confidential document, is our Field Operations Manual. We 

respectfully submit that good cause exists so that this confidential manual does not need to be 

published in the Federal Register. 

Please do not hesitate to contact me via email at dan@OpenSkydrones.com if you have any questions 

Dan Q Pham, P.E. 

Vice President 

OpenSky Drones, LLC