July 27, 2015

Exemption No. 12155

Regulatory Docket No. FAA–2015–1667

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 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, videography, inspections, and data collection.

See Appendix A for the petition submitted to the FAA describing 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, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public 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 
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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, Certification procedures for products and parts, Subpart H—Airworthiness 

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 collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

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), and 11213 to Aeryon Labs, 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 proportions, 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 all 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 the 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 extent 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 (particulate 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. Operations 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 determine 

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 lenses, 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; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated 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 

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 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 must 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 law 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 FAA’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 inspection 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 maintenance 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 UAS 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 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 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 
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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). Flights for the purposes of training the 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 how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, 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 current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise 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 signal, the UA must return to a 

pre-determined location within the private 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 the 

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 conducted 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 be 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 Administrator 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. The 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 controlled-access property with 

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 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 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 conditions and limitations apply.
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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 submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the 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 the 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 list 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 which 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.
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This exemption terminates 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 

business. 

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, inspections, 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 

Business Phone: 844-359-7591 

Cell Phone: 412-491-1353 

Email: thn(;..,Rf{ilom3'1 cnm 

Website: ww\\-.skyt 1maging.com 

Rating: Private Pilot 

Date of Issue: September 30, 1995 

Current Medical: Class 3 Medical: Date of Examination - 3/25/2015 
2- Sections from which Exemptions are Sought: This application is herby made for exemption 

from the following: 

A FAA Modernization and Reform Act of2012, PL 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 for 

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 highly trained UA V pilots. 

B. Until recently, only 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 used 
5- 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