20Oct2015

RE: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations
APPLICANT: Sky Minion LLC,
536 N Woodland Street
Winter Garden, FL 34787
407

-430

-9983 greg@skyminion.com
REGULATIONS FOR WHICH EXEMPTION IS BEING SOUGHT: 14 C.F.R. Part 21;
14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b) (2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.105; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a);
14 C.F.R. 91.407(a) (1); 1 4 C.F.R. 91.409(a) (2); 14 C.F.R. 91.417(a)
Dear Sir or Madam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the “Reform Act”) and 14 C.F.R. Part 11, Sky Minion LLC, an operator of the DJI Phantom 2 (“DP2”) and the DJI Inspire 1 (“IN1”) Unmanned Aircraft System (“UAS”) seeks exemption from the Federal Aviation Regulations (“FARs”) as described below. The exemption request will permit Sky Minion LLC to operate UASs commercially for the purpose offilming andphotographing property, people, and events. Sky Minion LLC will provide a service that is beneficial to an industry that is already using, and seeking to use, UASs for these purposes with a legal and safe option whileproviding relevant experience and information to the FAA and the UAS

community.
This will benefit the public with the controlled operation ofUASs by Sky Minion LLC and increased integration into the National Airspace System (“NAS”)

. All operations by Sky Minion LLC will strictly adhere to safety, applicable FARs, Operator’s Handbook, applicable Airworthiness Directives, and all other guidelines from the FAA. Sky Minion LLC will, at all times, conduct operations in a manner as to maintain the same level ofsafety as current manned aircraft operations. Sky Minion LLC will operate exclusively in controlled conditions, within visual line ofsight (“VLOS”), at low altitudes of400 feet above ground level (“AGL”), or no higher than 200 feet above the highest obstacle (“AHO”) with prior Flight Safety District Office (“FSDO”) approval. Any UAS in operationby Sky Minion LLC will not exceed 55 lbs. weight. At all times Sky Minion LLC will, maintain safe operations, ensure current requirements are met, and consistently assure an open line ofcommunication with the FAA. Sky Minion LLC will maintain the highest ofstandards in all UASs operations. Sky Minion LLC is aware ofthe progressive attitude that the FAA is extending toward adoption ofUAS technology and the future airspace integration. It is in light ofthis attitude and in the spirit ofthe proposedrules for circulation that applicant specifically requests a waiver ofthe requirement to hold either an airline transport,commercial,private,recreational,or sport pilot certificate. The capabilities and experience ofthe operator are detailed further in Appendix A, and the failsafe capabilities that are a core ofthe design ofthe proposed UAS exceed those found in traditional airframes. Given the greatly reducedpotential for injury and/or damage ofUAS operation in accordance with the enclosed exemption requests, applicant wishes to forgo the requirement to assign operation ofthe aircraft to an operator who may hold an airman certificate, but lack the necessary experience in operating a multi

-rotor UAS. Applicant will understand that approval ofthis exemption request is in accordance with the highlighted specificities noted in this paragraph.
Kind regards, Greg Kannon, Co

-Owner Sky Minion LLC

# APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TO EXEMPTION Summary:
Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, and the type ofoperations performed by the UASs operated by Sky Minion LLC respectfully request that where a regulation differentiates according to class that itbe permitted to operate under those regulations pertaining to helicopters. Sky Minion LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofits UASs:
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a) (1) Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft and the limited operating area associated with its utilization, it is unnecessary to go through the certificate ofairworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.
Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Actboth authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, andproximity to airports and populated areas ofthe UAS involved.
In this case, an analysis ofthese criteria demonstrates that the Sky Minion LLC UASs operated without an airworthiness certificate, under the conditions proposedherein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UASs will remain less than 55 lbs. GTOW. Will not carry a pilot orpassenger, will not carry flammable fuel, and will operate exclusivelywithin an areapre
- disclosed and in compliance with conditions set forth

herein. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice ofall operations through the filings with the FSDO. Receipt ofthe prior permission ofthe land owner, or controlling authority, the size ofthe aircraft, the lack offlammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level ofsafety. The UASs construction with absorbent material provides at least an equivalent level ofsafety to that ofsuch operations being conducted with conventional aircraft that would be orders

-of

- magnitude larger and would be carrying passengers, cargo, and flammable fuel.
14 C.F.R. § 91.7(a): Civil aircraft airworthiness. This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe UASs without an airworthiness certificate, no standard will exist for airworthiness ofthe UASs. Given the size ofthe aircraft and the requirements that have presumably already been met in the approved standard operating procedures (for instance, the Maintenance & Inspection Manual and Safety Checklist), an equivalent level ofsafety will be achievedby ensuring compliance with the operating manuals prior to each flight.
14 C.F.R. § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. The regulation provides: No person may operate a U.S.

-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, andplacards, or any combination thereof. The equivalent level of safety will be achieved by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: ExemptionNos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.14 C.F.R. § 91.109(2)

This regulation provides that flight crew members must keep a safety belt fastened while at a crew member station. Sky Minion LLC’s UASs are by definition not manned and therefore maintain an equivalent level ofsafety without the use ofsafety belt since no danger is posed due to no persons being aboard the aircraft.
14 C.F.R. § 91.121(a) This regulation requires that aircraftbe operated at altitude in ref erence to an altimeter set to applicable barometric pressure. According to the Flight Manuals and information included with this exemption request the UASs operated by Sky Minion LLC uses GPS positioning, and the DP2 and the IN1 uses, in addition, a specialized sensor that limits the aircraft altitude to a predetermined height setby the PIC during preflight inspections. This, in addition to all flights being conductedby VLOS, assures altitude restrictions will be maintained by the PIC. Given the nature ofthe flightbeing limited to
an upper altitude limit, the limited area ofoperations, the See and Avoid procedures set forth by Sky Minion LLC, and in light ofthe UASs notbeing operated at VFR or IFR cruising altitudes an equivalent level ofsafety will be achieved.
14 C.F.R. § 91.109(a) & 91.319(a) (1): Flight Instruction These regulations provide that no person may operate a civil aircraft (except
a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs are a remotelypiloted aircraft and by design, do nothave fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. Ifinstruction is accomplished through a training program, as set forth in an equivalent level ofsafety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See ExemptionNos. 5778K & 9862A. The equivalent level ofsafety will be achieved by Sky Minion LLC.
14 CFR § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Due to the flight characteristics ofSky Minion LLC UASs (vertical takeoffand landing, and ability to hover) as well as the nature ofthe type offlightsconductedby UASs and the similarity to helicopters Sky Minion LLC

requests to operate in accordance with section 91.119(d). The equivalent level ofsafety will be achieved given the size, weight, speed, and material with which the UASs are built. Furthermore; No flight will be taken without the permission ofthe land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be notified ofthe flights. Compared to aerial photography orvideography operations conducted with aircraft or rotorcraft weighing far more than the UAS and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low

-altitude operations ofthe UAS will maintain separation between these small

-UAS operations and the operations ofconventional aircraft that must comply with Section 91.119, give right of way to all manned aircraft.
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual frombeginning “a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the firstpoint ofintended 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 20 minutes.” Given the limitations on its proposed operations and the location ofthose proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. Sky Minion LLC believes that an exemption from 14 CFR § 91.151(b) is safe and within the scope ofaprior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS, without 20 minutes of
reserve fuel does not engender the type ofrisks that Section 91.151(b) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting flights to a 20 minute reserve would greatly reduce theirutility. In the unlikely event that the UAS should run out offuel, it would simply land. Given its weight and construction material, the risks are less than contemplatedby the current regulation. Sky Minion LLC believes that an equivalent level ofsafety can be achieved by maintaining a reserve battery capacity in excess ofthe amount required for the UAS to return to a safe location, or the location in which it was launched(whichever is longer) at all times during operation. Operation will be

terminated and the UAS landedprior to reaching this threshold.
14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulationprovides as follows: (a)

. . . No person may operate a civil aircraft unless it has

. . . an appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (a) ofthis section or a special flight authorization issuedunder §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Sky Minion LLC UASs have no cockpit or cabin to place or carry certification. As such, the exemption and any other certifying document from the FAA will be maintained with the ground station, andplaced in a manner as to be clearly visible to any government official orperson authorized in the controlled operations environment.
An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate
access to them. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
14 C.F.R. § 91.405(a) ; 407(a) (1) ; 409(a) (2) ; 417(a): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner

“shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided inparagraph (c) of this section, have discrepancies repaired as prescribed inpart 43 ofthis chapter.

. . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a) (2) requires an annual inspection for the issuance ofan airworthiness certificate.
Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensedpilots and records ofapproval ofthe aircraft for return to service. Maintenance on Sky Minion LLC aircraft will be accomplished by the owner/operatorpursuant to the manuals, provided bySky Minion LLC, and the manufacturer. An equivalent level ofsafety will be

achievedbecause the UAS is small in size, will operate only in restricted predetermined areas and is not a complex mechanical device. Moreover, Sky Minion LLC is familiar with the aircraft, has extensive experience with UAS maintenance, and has hundreds ofhours ofUAS airframe andpowerplant maintenance, and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety.
The Maintenance Manual provides for a 30 day/100 hour and Annual inspection ofthe airframe and components similar in scope to inspections on manned aircraft. This will ensure an equivalent level ofsafety to the maintenance requirements in Part 91.
In addition, between such inspections, should a mechanical issue arise, the aircraft will either return to its launch site or immediately land automatically.