U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Avenue, S.E. Washington, DC 20590 

### Application to Amend Section 333 Exemption No. 11941 Regulatory Docket No. FAA-2015-1415 August 11, 2015
Petitioner: Soaring Sky, LLC Ryan Cowell, GM 2180 W. 1st Street, Suite 310 Fort Myers, FL 33901 Office: 239-333-2447 Cell: 661-904-5138 Email: ryan@soaringsky.net Website: www.soaringsky.net

Greetings, By letter from the FAA dated July 2, 2015, an exemption was granted to Soaring Sky for relief under Section 333. That letterwas marked Section 333 Exemption No. 11941 Regulatory Docket No. FAA-2015-1415. Soaring Sky hereby requests that the exemption so granted and amended, be now further amended to include 14 C.F.R. §91.109: Flight Instruction and incorporates by reference all of the data and analyses included in prior grants of exemption.
Thank you for your consideration ofthis important request. Please advise us of any additional information that is required. Sincerely,

# ~ Ryan Coweii GM, Soaring Sky, LLCU.S.Deportment ofTransportotion Federal Aviation Administration

June 30, 2015

Mr. Ryan Cowell Manager Soaring Sky, LLC 2180 West 1'1Street, #310 Fort Myers, FL 33901 DearMr. Cowell: Exemption No. 11941 800 Independence Ave
.. S.W Washington. 0 C. 20591

Regulatory DocketNo. FAA-2015-1415

This letteris to inform youthatwe have granted yourrequest for exemption. Ittransmits our decision, explains its basis, and gives you the conditions and limitations ofthe exemption, including the date it ends. By letter dated April 9, 2015, youpetitioned the Federal Aviation Administration (FAA) on

. behalfofSoaring Sky, LLC (hereinafterpetitioner oroperator) for an exemption. The

petitionerrequested to operate an unmanned aircraft system (UAS) to conduct aerial surveying, remote sensing, telecommunications, agriculture, aerial filmmaking and photography, energy systems inspections and asset management, construction site inspections and monitoring, wildlife and forestry monitoring, education and research, and pipeline inspection and patrolling operations. See Appendix A for the petition submittedto the FAAdescribing 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 ofthe petition in the Federal Register because the requested exemption would not set a precedent, and any delayinacting on this petition would be detrimental to the petitioner.Airworthiness Certification The UAS proposed by the petitioner is a DJI Phantom 2. The petitioner requested relieffrom 14 CFRpart 21, 

### Certificationproceduresforproducts andparts, SubpartH-Airworthiness Certificates. In accordance with the statutory criteria provided in Section 333 ofPublic Law 112-95 in reference to 49 U.S.C. § 44704, and in consideration ofthe size, weight, speed, and limited operating area associated withthe aircraft and its operation, the Secretary ofTransportation has determined thatthis aircraft meets the conditions ofSection 333. Therefore, the FAA finds that the requested relieffrom 14 CFRpart 21, 

### Certificationprocedures/orproducts andparts, SubpartH-Airworthiness Certificates, and any associatednoise certification and testing requirements ofpart 36, is not necessary. The Basisfor OurDecision 2

You have requestedto use a UAS for aerial data collection1 • The FAA has issued grants of exemption in circumstances similar in all material respects to those presented inyour petition. In Grants ofExemptionNos. 11062 to Astraeus Aerial 

### (see DocketNo. FAA-2014-0352), 11109 to Clayco, Inc. 

### (see DocketNo. FAA-2014-0507), 11112 to VDOS Global, LLC 

### (see DocketNo. FAA-2014-0382), and 11213 to Aeryon Labs, Inc. 

### (see DocketNo. FAA-2014-0642), the FAA found thatthe 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 ofsignificantly greaterproportions, carrying crew in additionto flammable fuel, gives the FAA good cause to find thatthe UAS operation enabled by this exemption is inthe public interest. Having reviewed yourreasons for requesting an exemption, I find that-

• They are similar in all material respects to reliefpreviously requested in Grant of ExemptionNos. 11062, 11109, 11112, and 11213; • The reasons stated by the FAA for granting ExemptionNos. 11062, 11109, 11112, and 11213 also apply to the situation youpresent; and • A grant ofexemption is in the public interest.

1Aerial data collection includes any remote sensing and measuring byan instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), orany othergathering ofdata by instruments aboard the UA.OurDecision In consideration ofthe foregoing, I find that a grantofexemption is in the public interest. Therefore, pursuantto the authority contained in 49 U.S.C. I06(f), 40113, and 44701, delegated to me bythe Administrator, Soaring Sky, LLC is granted an exemption from 

### 3

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, 91.15l(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extentnecessary to allow the petitionerto operate a UAS to perform aerial data collection. This exemption is subjectto the conditions and limitations listed below. Conditions and Limitations In this grant ofexemption, Soaring Sky, LLC is hereafter referred to as the operator. Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption. 1. Operations authorized by this grant ofexemption are limited to the DJI Phantom 2 when weighing less than 55 pounds includingpayload. Proposed operations ofany otheraircraft will require a new petition or a petitionto amend this exemption. 2. Operations for thepurpose ofclosed-setmotion picture and television filming are notpermitted. 3. The UA may notbe operated at a speed exceeding 87 knots (100 miles perhour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speedrestriction. 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 ofno more than 400 feet above ground level (AGL). Altitude mustbe reported in feet AGL. 5. The UA must be operated within visual line ofsight (VLOS) ofthePIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airmanmedical certificate or U.S. driver's license. 6. All operations mustutilize a visual observer (VO). The UA must be operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO may beused 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 ortexting is not permitted during flight operations. The PIC must be designated before the flight and cannottransfer his orher designation for theduration ofthe flight. The PIC must ensure thatthe VO can perform the duties required ofthe VO. 7. This exemption and all documents neededto operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents mustbe accessible during UAS operations and made availabletothe Administratoruponrequest. Ifa discrepancy exists betweenthe conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations hereintake 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. 

### Itis the operator's responsibility to track suchrevisions andpresent updated and revised documents to the Administrator orany lawenforcement official upon request. The operator must also present updated and revised documents ifit petitions for extension oramendmentto this grant ofexemption. Ifthe operator determines that any update orrevision would affect the basis upon which the FAAgranted this exemption, then the operator must petition for an amendmentto its grant ofexemption. TheFAA's UAS Integration Office (AFS-80)maybecontacted ifquestions arise regarding updates orrevisions to the operating documents. 4

8. Any UAS that has undergone maintenance oralterations that affect the UAS operation orflight characteristics, e.g., replacement ofa flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may onlybe conducted by a PIC with aVO and mustremain at least 500 feet from otherpeople. 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. Priorto 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 mustaccount for all potential discrepancies, e.g., inoperable components, items, or equipment. Ifthe inspectionreveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed 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 limitrequirements for the aircraft and aircraft components. 12. Each UAS operated underthis exemption must comply with all manufacturer safety bulletins.13. Underthis grantofexemption, 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 DistrictofColumbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meetthe flight reviewrequirements specified in 14 CFR 

### § 61.56 in an aircraft in which the PIC is rated onhis orher pilot certificate. 14. The operator may notpermit any PIC to operate unless the PIC demonstrates the abilityto safely operatethe UAS in a manner consistentwith howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency mustbe logged in a manner consistentwith 5

14 CFR 

### § 61.51(b). Flights for the purposes oftrainingthe 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 howthe UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicatedtraining sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operatethe UA with appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91.119. 15. UAS operations may notbe 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 ofan airport reference point (ARP) as denoted inthe currentFAAAirport/Facility Directory (AFD) orfor airports not denoted with an ARP, the center ofthe airport symbol as denoted onthe current FAA-published aeronautical chart, unless a letter ofagreement withthat airport's management is obtained or otherwisepermittedby a COAissued to the exemption holder. The letter ofagreement withthe airport managementmustbe made available to the Administrator orany law enforcement official upon request. 17. The UAmay notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 18. Ifthe UAS loses communications or loses its GPS signal, the UAmustreturn to a pre-determined location within the private or controlled-access property. 19. The PIC must abortthe flight in the event ofunpredicted obstacles oremergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAto conduct the6 intended operation and to operate after that for at least five minutes or with the reserve powerrecommended bythe manufacturer ifgreater. 21. Air Traffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with anATO-issued CO

### A. The exemption holdermay apply for a new or amended COA ifit intends to conduct operations that cannot be conducted under the terms ofthe attached COA. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N-Number)markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as large as practicable. 23. Documents used bythe operatorto ensurethe safe operation and flight ofthe UAS and any documents requiredunder 14 CFR §§ 91.9 and 91.203 mustbe available to the PIC atthe Ground Control Station ofthe 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 mustremain 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 ofan accident. The operatormust ensure that nonparticipatingpersons remain under suchprotection. Ifa 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 ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closerto those objects and the PIC has made a safety assessment of the risk ofoperating closer to those objects and determined that it does not present anundue 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 orcontrolled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorizedrepresentative will be obtained for eachflight to be conducted.7

28. Any incident, accident, or flight operationthattransgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA mustbe reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) perinstructions contained onthe NTSB Web site: www.ntsb.gov. Ifthis exemption permits operations for the purpose ofclosed-set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator musthave a motionpicture and television operations manual (MPTOM) as documented in this grant ofexemption. 30. At least 3 daysbefore aerial filming, the operator ofthe UAS affected bythis exemption must submit a written Plan ofActivities to the local Flight Standards District Office (FSDO) withjurisdictionover the area ofproposed filming. The 3-day notification may be waived with the concurrence ofthe FSDO. The plan ofactivities must include at leastthe following:

a. Dates andtimes for all flights; b. Name and phone number ofthe operator for the UAS aerial filming conducted underthis grantofexemption; c. Name and phonenumber ofthe personresponsible for the on-scene operation of the UAS; d. Make, model, and serial orN-NumberofUAS to be used; e. Name and certificate number ofUAS P!Cs involved in the aerial filming; f. A statementthattheoperatorhas obtained permission from property owners and/or local officials to conduct the filming production event; the list ofthose who gave permission mustbe made available to the inspector upon request; g. Signature ofexemption holder orrepresentative; and h. A description ofthe flight activity, including maps ordiagrams ofany area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplishthe operation. 31. Flight operations maybe conducted closerthan 500 feet from participatingpersons consentingto be involved and necessary for the filming production, as specified inthe exemptionholder's MPTOM. Unless otherwise specified in this grant ofexemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFRincluding, but not limited to, parts 45, 47, 61, and 91.8 This exemption terminates on July 31, 2017, unless sooner superseded orrescinded. Sincerely,

John S. Duncan Director, Flight Standards Service

Enclosures

### U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE washington, DC 20590

Prepared 

### by: 

### Ryan Cowell Manager, Soaring Sky, LLC 2180 W 1st Street#310 Fort Myers, FL 33901 239.333.2447 ryan@soaringsky.net 

## Soaring Sky, LLC Section 333 Petition to Operate Small Unmanned Aerial Systems April9, 2015

### Petition Summary: Pursuant to Section 333 of the FAA Modernization and Reform Act of2012, Pub. L. No. 112-95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's ('FAA') general exemption authority under 49 U.S.C. section 44701(f), 

### Soaring Sky ("Petitioner") hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)-(b), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)-(b). The proposed exemption, ifgranted, would allow Petitioner to conduct commercial operations of small unmanned aircraft systems ("UAS") meeting or exceeding all ofthe operational and safety requirements Congress has set forth in Section 333. Petitioner is an aviation technology company that plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Remote sensing

- Telecommunications

- Agriculture

- Aerial filmmaking and photography

- Energy systems inspections and asset management

- Construction site Inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

- Pipeline inspection and patrolling

### Statutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a} states that the FAA "shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive} plan and rulemaking required by section 332(b}(1) ofthis Act orthe guidance required by section 334 ofthis Act." In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for "expedited operation authorization" ifseveral factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following: Section 61.113(a) and (b) prescribes that- (a) no person who holds a private pilot certificate may act as apilot in command ofan aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot In command ofan aircraft. (b) aprivate pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning aflight, become familiar with all available information concerning that flight. to include- (a) For aflight under IFR or aflight not in the vicinity ofan airport, weather reports and forecasts, fuel requirements, alternatives available ifthe planned flight cannot be completed, and any known traffic delays ofwhich the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1} For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoffand landing distance data Is required, the takeoff and landing distance data contained therein;

### (2) For civil aircraft otherthan those specified in paragraph (b)(1) ofthis section, other reliable information appropriate to the aircraft, relating to aircraft performance underexpected values ofairport elevation and runway slope, aircraft gross weight, and wind and temperature. Section 91.119 prescribes that, except when necessary for takeoffor landing, no person may operate an aircraft belowthe following altitudes: (a) Anywhere. An altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area ofacity, 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 ofthe aircraft. (c) Over otherthan congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft maynot be operated closerthan 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. Ifthe 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) ofthis section, provided each person operating the helicoptercomplies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute orweight-shift-control aircraft maybe operated at less than the minimums prescribed In paragraph (c) ofthis section. Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set "to the elevation ofthe departure airport or an appropriate altimetersetting available before departure." Section 91.151(a) prescribes that no person may begin aflight in an airplane underVFR conditions unless (considering wind and forecastweather 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 afterthat for at least 30 minutes; or (2) At night, to fly 

### afterthat for at least 45 minutes. [emphasis added] Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart Eofthe same partand shall, between required Inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed in part43 ofthe chapter.

### date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by 

### § 43.9(d) ofthis chapterfor each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by otherwork orfor 1year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under 

### § 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

The Petitioner has Supplied the Following Additional Information: Phantom Pilot Training Guide and Phantom 2 User Manual.

Unmanned Aircraft System The petitioner states that the unmanned aircraft (UA) to be operated underthis request is less than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured area as set out in the Pilot Training Guide. The craft is the Phantom 2 manufactured by DJI. The quadcopter has 4 motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft has integrated safety features built into the design ofthe UAS, as described in the Pilot Training Guide, to ensure the safety ofpersons and propertywithin and surrounding the limited operating area. The petitionerfurther describes that, in the event the UAS loses communications or its GPS signal, the UAwill have the capability to return to a pre-determined location within the Security Perimeter and land. Itwill also have the capability to abort aflight in the event of unpredicted obstacles or emergencies. Petitioner's UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.