20Oct2015

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part

11 of the 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 of the FAA Modernization and Reform Act of 2012

(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 of filming

and photographing 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 while
providing relevant experience and information to the FAA and the UAS

community.

This will benefit the public with the controlled operation of UASs 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 of safety as

current manned aircraft operations. Sky Minion LLC will operate exclusively

in controlled conditions, within visual line of sight (“VLOS”), at low

altitudes of 400 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 operation by 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 of communication with the FAA. Sky Minion LLC will maintain

the highest of standards in all UASs operations.

Sky Minion LLC is aware of the progressive attitude that the FAA is

extending toward adoption of UAS technology and the future airspace

integration. It is in light of this attitude and in the spirit of the proposed rules

for circulation that applicant specifically requests a waiver of the requirement

to hold either an airline transport,commercial,private,recreational,or sport

pilot certificate. The capabilities and experience of the operator are detailed

further in Appendix A, and the failsafe capabilities that are a core of the

design of the proposed UAS exceed those found in traditional airframes.

Given the greatly reduced potential for injury and/or damage of UAS

operation in accordance with the enclosed exemption requests, applicant

wishes to forgo the requirement to assign operation of the 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 of this 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 UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Summary:

Due to the flight characteristics, such as the ability to hover, vertical takeoff

and landing, and the type of operations performed by the UASs operated by

Sky Minion LLC respectfully request that where a regulation differentiates

according to class that it be 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 of its 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 of airworthiness

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 of airworthiness process under Part

21 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act

and Section 333 of the Reform Act both authorize the FAA to exempt aircraft

from the requirement for an airworthiness certificate, upon consideration of

the size, weight, speed, operational capability, and proximity to airports and

populated areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the Sky Minion

LLC UASs operated without an airworthiness certificate, under the

conditions proposed herein, 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 or passenger, will not carry flammable fuel, and will operate exclusively
within an area pre- 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

of all operations through the filings with the FSDO. Receipt of the prior

permission of the land owner, or controlling authority, the size of the aircraft,

the lack of flammable fuel, and the fact that the aircraft is carried to the

location and not flown there all establish the equivalent level of safety. The

UASs construction with absorbent material provides at least an equivalent

level of safety to that of such 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 of the UASs without an airworthiness certificate, no

standard will exist for airworthiness of the UASs. Given the size of the

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 of safety will be achieved by 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 of this chapter, unless there is available in the aircraft a current

approved airplane or Rotorcraft Flight Manual, approved manual material,

markings, and placards, 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:

Exemption Nos. 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 of safety

without the use of safety 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 aircraft be operated at altitude in reference 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 set by the PIC during preflight inspections. This, in

addition to all flights being conducted by VLOS, assures altitude restrictions

will be maintained by the PIC. Given the nature of the flight being limited to

an upper altitude limit, the limited area of operations, the See and Avoid

procedures set forth by Sky Minion LLC, and in light of the UASs not being

operated at VFR or IFR cruising altitudes an equivalent level of safety 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 remotely piloted

aircraft and by design, do not have fully functional dual controls. Flight

control is accomplished through the use of a control box that communicates

with the aircraft via radio communications. If instruction is accomplished

through a training program, as set forth in an equivalent level of safety will

be assured. The FAA has approved exemptions for flight training without

fully functional dual controls for a number of aircraft and for flight

instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A.

The equivalent level of safety will be achieved by Sky Minion LLC.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to

the flight characteristics of Sky Minion LLC UASs (vertical takeoff and

landing, and ability to hover) as well as the nature of the type of flights
conducted by UASs and the similarity to helicopters Sky Minion LLC

requests to operate in accordance with section 91.119(d). The equivalent

level of safety 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 of the land owner or those who control the land. Because of

the advance notice to the landowner, all affected individuals will be notified

of the flights. Compared to aerial photography or videography 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 of the UAS will

maintain separation between these small-UAS operations and the operations

of conventional 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 from beginning “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 – (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 of those

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 of a prior 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 of risks 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

their utility. In the unlikely event that the UAS should run out of fuel, it

would simply land. Given its weight and construction material, the risks are

less than contemplated by the current regulation.

Sky Minion LLC believes that an equivalent level of safety can be achieved

by maintaining a reserve battery capacity in excess of the 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 landed prior to reaching this threshold.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and

Registration This regulation provides 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 by paragraph (a) of this section or a special flight authorization

issued under §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, and placed in a manner

as to be clearly visible to any government official or person authorized in the

controlled operations environment.

An equivalent level of safety 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 of other exceptions includes Exemption Nos. 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 of this part and

shall between required inspections, except as provided in paragraph (c) of

this section, have discrepancies repaired as prescribed in part 43 of this

chapter. . . .” Section 91.407 similarly makes reference to requirements in

Part 43; Section 91.409(a) (2) requires an annual inspection for the issuance

of an 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 licensed pilots and records of approval of the

aircraft for return to service. Maintenance on Sky Minion LLC aircraft will

be accomplished by the owner/operator pursuant to the manuals, provided by
Sky Minion LLC, and the manufacturer. An equivalent level of safety will be

achieved because 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 of hours of UAS airframe and power plant

maintenance, and is best suited to maintain the aircraft in an airworthy

condition and to ensure an equivalent level of safety.

The Maintenance Manual provides for a 30 day/100 hour and Annual

inspection of the airframe and components similar in scope to inspections on

manned aircraft. This will ensure an equivalent level of safety 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.