### July 27 , 2015

Exemption No. 12155 Regulatory Docket No. FAA

– 20 15

– 1667

Mr. Thomas M. Kane SKY 1 IMAGING 179 East Positano Avenue St. Augustine, FL 32092
Dear Mr. Kane : 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 letter dated May 4, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of SKY 1 IMAGING ( hereinafter petitioner or operator ) for an exemption . The petit ioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography, videography, inspections, and data collection

. See Appendix A for the petition submitted to the FAA des cribing 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 is a DJI Phantom 2 Vision+

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic 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

### 2

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 , C ertification procedures for products and parts, Subpart H

— Ai rworthiness 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 collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s
. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , 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 propo rtions, 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 a ll 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 th e Administrator, SKY 1 IMAGING 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 exten t necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

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 (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

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Conditions and Limitations
In this grant of exemption, SKY 1 IMAGING 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 Phantom 2 Vision+ 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. Op erations for the purpose of closed

- set motion picture and television filming are not 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 dete rmine 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 le nses, 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 ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be de signated 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 op erations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating 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.

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Otherwise, the operator mus t 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 l aw 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 FA A’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 inspe ction 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 maintenan ce 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 UA S 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 curren t FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 6 1.56 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

### 5

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). Flig hts for the purposes of training the operator’s PICs and VOs (traini ng, 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 perm itted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, 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 curre nt FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwi se 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 sign al, the UA must return to a pre
- determined location within the pr ivate 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 th e 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 cond ucted in accordance with an ATO

- issued COA. The 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 b e identified by serial number, registered in accordance with 14 CFR part 47, and have identification

### 6

(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 Adminis trator 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. T he 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 control led

- access property wi th 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 FA A'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 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 con ditions and limitations apply.

### 7

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 submi t a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least t he 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 th e 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 li st 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 w hich 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.

### 8

This exemption te rminates on July 31, 2017 , unless sooner superseded or rescinded. Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures

# Thomas M Kane 179 East Positano Avenue St. Augustine, FL 32092

_ __ ______________ 4l2-491-1353

May 4 , 2015

U.S

. Department of Transportation , Docket Operations West Building Ground Floor, Room Wl2-140 1200 New Jersey Ave, SE Wasbington , DC 20590



# Petition for Exemption Under 14 CFR § 

# 11.81 To Allow Commercial Use of Unmanned Aircraft Systems

Regulation Date: March 23, 2015

- which automatically grant a " blanket " COA for flights at or below 200 feet.

To whom it may concern,


### I , Thomas 

### M

. Kane of SKY 

### 1 IMAGING , 

### am submitting this application for exemption to the 

### FAA so that I may be permitted to operate a small unmanned aircraft(s) , for the purpose of a commercial busines s
. As an 

### FAA licensed Private Pilot and an experienced radio controlled (R.C

. ) Pilot

- the scope of SKY 

### 1 IMAGING will include ( but not limited to) videography , photography , in spec tions , promotions , corporate events and insurance applications. SKY 

### 1 IMAGING will not pose a threat to national airspace or national security

. lt will conduct and maintain a safe flight protocol for all UA V flights

. Also , strict safety guidelines 

### will be in place for all 

### UA V flights

. 1- Petitioner

- Contact Information:
SKY 1 

### IMAGING Thomas M

. Kane , Principal 179 East Positano A venue St. Augustine, FL 32092 Busine ss Phone: 844- 359- 7591 Cell Phone : 412-491-1353 Email : thn(;..,R f{ilom3 '1 cn m Website : ww\\-

. skyt 1maging

. com Rating: Private Pilot Date of Issue: September 30 , 1995 Current Medical: Class 3 Medical : Date of Examinatio n
- 3 / 25 / 20152- Sections from which Exemptions are Sought: This application is herb y made for exemption from the following : A FAA Modernization and Reform Act of2012 , P L 112-95 February 14 , 2012 , Section 333 B. 14 CFR Part 21 , Subpart H C

. 14 CF:R Part 61.113 ( a ) and (b ) D

. 14 CFT Part 91 , 91.7 (a)

. 91.9 (b ) E. 91.103 ( b ) (2) F. 91.105 G

. 91.109 H. 91.119 I. 91.121 

### J. 91.15l ( a ) K. 91.405 

### L. 91.407 M

. 91.409 ( a )( 2 ) N. 91.417(a)(b)


### 3 - Relief Sought and Reasons for Seeking Relief: A Tom Kane and SKY 1 IMAGING is seeking relief and wishes to operate an Unmanned Aircraft System for commercial purposes
. The scope of SKY 1 IMAGING wiJJ include (but not limited to ) videography , photography , inspections , promotions , corporate events and insurance applications

. B. This relief is sought because commercial use of Unmanned Aircraft Systems is currently prohibited by law unless an exemption is granted

. C

. Given the specifications required by the FAA ' s Reform Act , Tom Kane and SKY 1 IMAGING have met or exceeded the minimum conditions set forth that would reflect in a favor of exemption

- including : ALL aircraft will weigh less than 55 pounds including payload and energy systems

. All aircraft used will have a minimum of 4 counter-rotating propellers f or balance , control and stability

. Aircraft will have GPS technology

- with safe-mode

- return home capabilities. D

. Aircraft currently used : 

### Dll Phantom Vision 2 Plus

- Version 3 : with camera and gimbals

. Additional aircraft to be added by future amendment to this exemption

. 4- Public Benefit: There are many benefits 

### in granting this exemption to operate a UAS commercial business

- including the following: 

### A Employing people

- hiring staff members , putting them on the tax role is a benefit for local , state and federal tax implications

. From a receptionist , to video editors , to a sale's staff to other highl y trained UA V pilots. B

. Until recently , onl y fixed winged aircraft ( airplane ) or rotor-based aircraft ( helicopter ) had the means to conduct video and photographic images

. By using UAS

- the benefits are large : reduces accident liability and potential dangers and also has a significant reduction in a carbon footprint and emissions

. C

. Other small businesses benefit , such as smaller real estate companies and homeowners

. Until now , these companies were unable to use aircraft to obtain aerial images of their property

. D. Business such as newspapers , websites , car dealerships , restaurants , retail applications , etc

- all benefit because they didn ' t have the means for aerial imaging in the past E

. No combustible fuel is used5- Safety 

### will not be adversely affected: As an FAA licensed pilot, safety is always a top priority for Tom Kane and SKY 1 IMAGES

. Weather conditions , heavily populated areas , the location of airports , and the surroundings of a client's location- will all be taken into consideration

. A. The following safety protocols will be implemented for each flight:

• Will conduct all flights during daylight hours

. • Most flights will be at the tree line or below
• All flights will be below 200 feet altitude
• All flights will be less than 40 knots
• All flights will be in "visual line of sight' ' (VLOS) flying
• An observer will be used in certain applications
• The unmanned aircraft will weigh less than 50 pounds
• Will conduct preflight inspections of aircraft prior to each flight

B

. All aircraft will be registered and market in accordance with Section 44711, Part 47 and Part 45, Subpart C. The size ofmarJcjngs

- of the word "Experimental" will be dependant ofthe size of the aircraft being used

- and in most cases be smaller than 2 inches in height. C. All aircraft will comply with maintenance and inspection requirements of the manufacturer

. All maintenance and repairs will be conducted or approved by qualified personnel. A test flight will be conducted after any maintenance is preformed

. Records of maintenance will be kept in a log for each aircraft

. D

. All UAV flight operations will be conducted in accordance with manufacturers operational guidelines

. E

. Will not intrude into Class B , C or D airspace

. F

. Will not exceed 75% of the attached battery or 25 minutes of flying time , whichever
occurs first. G

. Should any incidents occur , all incidents will be reported and/or logged within 24 hours of occurrence
. H. Tom Kane will maintain liability insurance of$1 , 000 , 000 by a qualified insurer. l. The UA V currently being utilized is the Phantom 2 Vision Plus

- Version 3 : This UA V is
an extremely SAFE aircraft

- as it's a " first person view " aircraft with a high performance
camera and remote control that features in-flight content sharing

. The UA V allows for planned flights that enable the UA V to fly automatically via the onboard GPS system

. Additionally , this UA V has a safety , built-in " Return to Home "

- Failsafe feature

. NOTE: The Phantom 2 Vision Plus " User Manual " is attached to this petition

.

6- Publish in the Federal Register: In Summary

- Thomas M

. Kane, owner of SKY I IMAGNING , is seeJcjng a Petition for Exemption under 14 CFR 

### § 11

. 81

- To allow commercial use of unmanned aircraft systems

. I am seeking and exemption to the following rules : FAA Modernization and Reform Act of 2012 , PL 112-95 February 14 , 2012 , Section 333 , 14 CFR Part 21 , Subpart H, 14 CFR Part 61.113 (a) and (b) , 14 CIT Part 91,91.7 (a). 91.9 (b) , 91.103 (b) (2), 91.105 , 91.109 , 91.119 , 91.121 , 91.151 (a) , 91.405 , 91.407 , 91.409 (a) (2) , 91.417 (a) (b)

.The Petition for Exemption is being submitted to operate an Unmanned Aircraft System for commercial purposes
. The scope of SKY 1 IMAGING will include (but not limited to) videography , photography , inspections , promotions , corporate events and insurance applications

. As an FAA licensed Private Pilot , the highest safety standards will be implemented and in place at all times

.

7- Additional information to support this request: Should UAS and/or UA V laws be amended by the FAA and Congress , Tom Kane and SKY 1 IMAGING would be interested in partnering with the FAA once official guidelines and regulations are modified, changed or adopted

- to become a UAV certified flight training center , a written test center , or any other safety center that might night aide and support in the safe operation of Unmanned Aerial Systems and Unmanned Aerial Vehicles

. 8- Exemption outside tbe United States: NO exemption is being requested to operate outside the United States

. Should you require additional information , please do not hesitate to contact me either by phone or email. Thank you very much for your consideration! Sincerely ,

Tnomas M

. Kane , Principal SKY 1 IMAGING Date :

Attachments: 1 - FAA Petition for Exemption 2- FAA

- Pilot ' s License 3- FAA

- Third Class Medical Certificate 4- Phantom 2 Vision Plus

- Version 3 : User Manual