US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation


### February4, 2016
Kyle Hyde Sky HydeAerial Images 17148 Bentons FerryAvenue Greenwell Springs, Louisiana 70739 kylehyde242@yahoo.com

U.S Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulationsfrom: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14

. CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 1

06(f), 40113, and 44701.

Dear Siror Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Actof2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS) 

### Kyle Hyde hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein oras may be established bythe FAA as required by Section 333.

Thank you in advanceforyour consideration.

Page 1 of9Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in thefollowing areas:

1. Aerial Photography 

### IVideography 

### 2. Building Surveying 

### 3. Public and Private Events 

### 4. RoofTop Inspections 

### 5. Site Inspections 

### 6. Sidewalk 

### I Parking Lot Inspections

As described fully below, the requested exemption would permit the operation of designated UASas setforth inthis documentundercontrolled conditions in the NASthat would be a) limited b) controlled c) predetermined and d) safe. Approval ofthisexemption would increase publicawareness ofUASoperationsand enhancesafetytoaid infulfilling the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

....establish requirements forthe safe operation ofsuch aircraftsystems in the national airspace system."

The name and address ofthe applicant is
Kyle Hyde Sky HydeAerial Images 17148 Bentons FerryAvenue Greenwell Springs, Louisiana 70739 kylehyde242@yahoo.com

From which the exemption is requested: 

### 14 CFR Part 

### 21 subpart 

### H

14 CFR

### 45.23 (b) 

### 14 CFR 

### 61.113 (a) & (b) 

### 14 CFR 

### 91.7 (a) 

### 14 CFR 

### 91.9 (b) (2) 14 CFR 

### 91.103 14 CFR 

### 91.109 14 CFR 

### 91.119 (c) 

### 14 CFR

### 91.121 14 CFR 

### 91.151 (a) 

### 14 CFR 

### 91.203 (a) 

### 14 CFR 

### 91.405 (a) 

### 14 CFR 

### 91.407 (a) 

### 14 CFR 

### 91.409 (a) 

### 14 CFR 

### 91.417 (a)

Page 2 of9As 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), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645 to Allied Drones (see Docket No. FAA-2014- 0804), There is 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 flammablefuel, givesthe FAAgood causetofind thatthe UAS operation enabled bythis exemption is in the public interest.
Kyle Hydewill operate one ormore ofthe following model UAS.

OJI Phanton 3, Standard, Professional and Advanced. DJI Inspire 1, OJI Inspire 1 Pro and DJI Inspire 1V20.
Safety requirements. The approval of this application presents no national security issues. Regarding the level ofsafetysurroundingthe proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed ofno more than 50 mph.

3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flighttime foreach operationalflightwill be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will beterminated at25o/o battery power reserve or30 minutes offlighttimewhichever occursfirst.

5. Flights will be operated at an altitude ofno morethan 400feetAbove Ground Level (AGL) and not morethan 200feet above an elevated platform from which filming is planned. Page 3 of96. Minimum crewforeach operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged
a minimum of20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting ofall the days• Production activities.

9. All flight activities will be logged.

10. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flightswill not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operatorwill do a pre check ofaircraft priorto each flight. And log eachflight.

14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as U.S. Department ofTransportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information forthe particular UASto be operated.

16. The PIC and VOwill be ableto communicate by voice and/or radio atall times.

17. The PIC will abide by all rules.

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an automated

..Return Home and Land

.. function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, oremergencies such as low battery.
Page 4 of921. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained
on the NTSBWeb site: www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemptionfrom Part21 Subpart H meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

### (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthat the UAS operated without an airworthiness certificate in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliancewith local public safety requirements. These safety enhancements 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 ofthese 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 orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: 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 mustalso display on that aircraft neareach entranceto the cabin, cockpit, orpilotstation, in letters not lessthan 2 inches normorethan 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable. 14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe 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 neareach entranceto the cabin, cockpit, orpilotstation, in letters not lessthan 2 inches normorethan 6 inches high, the words "limited/' "restricted/' "light sport/'"experimental/' or "provisional/' as
Page 5 of9applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entranceto the cabin, cockpitorpilot station on which the word "Experimental" can be placed. Given the size of the UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 

### (f). US Department ofTransportation February 20, 2015 The equivalent level ofsafety will be provided by having the UAS marked on its fuselage as required by §45.29 

### (f) wherethe pilot, observerand othersworking with the UASwill see the identification of the UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the It is believed that the operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issuedfortheaircraft, should this exemption be granted, no FAA regulatory standard will existfordetermining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety checklists prior to each flight, an equivalent level of safetywill be provided. 14 C.F.R. § 91.9 (b) (2): CivilAircraft Flight Manual in theAircraft. Section 91.9 (b) {2) 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, unlessthere is available in the aircrafta current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UASwill have immediate access to it.

14 C.F.R. §91.103: Preflight Action. This regulation requires each pilot in command to take certain actions beforeflightto insurethe safety offlight. As FAAapproved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides 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. UAS and remotely piloted aircraft, bytheir design do not havefully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptionsforflighttraining withoutfully functional dual controls for a number ofaircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.
Page 6 of914 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Section 91.119 (d) allows helicoptersto be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route oraltitudes prescribed for helicopters bythe FAA. Asthis exemption is for
a UAS 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 maybe needed to allowsuch operations. As setforth herein, the UAS will never operate at higherthan 400AGLwith the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and peoplewill not be exposed to operations withouttheir pre obtained consent. Theequivalent level ofsafetywill beachieved giventhesize, weight, and speed ofthe UAS as well asthe location where it is operated. Noflightwill betaken withoutthe permission ofthe property owneror local officials. Because ofthe advance noticetothe property owner and participants in the filming activity, all affected individuals will be
aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraftweighting far morethan the maximum SSibs. Proposed herein and the lack of flammablefuel, any risk associated with these operations isfar lessthan those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitudeoperations ofthe UASwill ensureseparation betweenthese UASoperations and the operations ofconventional aircraftthat must complywith Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure."As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved bythe operator, pursuanttothe safetycheck listand liveflightdata monitoring, confirmingthe altitudeofthe launch siteshown onthe GPSaltitude indicatorbeforeflight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "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, tofly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes."The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope ofpriorexemptions. Operating the UAS in a tightly controlled areawhere only people and property owners or official representatives who have signed waivers will be allowed does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25o/o of battery power- whichever happensfirst. This restriction would be morethan adequateto return the UAS to its planned landing zonefrom anywhere in its limited operating area.
Page 7 of914 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within itthe following: (1) 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 atthe cabin or cockpit entrance so that it is legibleto passengers orcrew. The UASfully loaded weighswell underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. 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, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### &(b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eofthis partand shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level ofsafety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areasfor
a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep
a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.

Additional Information.

The applicant 

### Kyle Hyde believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant's UAS. I also feel it's in the public's interest on granting the exemption, as we can educate them atthe sametime. And all the positive sides ofthe newtechnology and the level ofsafety.

Page 8 of9The applicant , Kyle Hyde , requests your respective approval of this Section 3 33 exemption petition request. Thank you for your attent i on in this matter . Please notify Kyle Hyde of your ac t ions , and or approvals . Thank you , for your interest in this request. Sincerely , ,_L t_ **~~~® o-­**  **Hyde** P age 9 o f 9