September 1, 2015

Exemption No. 12689

Regulatory Docket No. FAA−2015−1346

Mr. Charles F. Jacques, Jr.

Sky-View Aerial Services LLC

602 Centerton Road

Pittsgrove, NJ 08318

Dear Mr. Jacques:

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 letters dated April 16 and July 7, 2015, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Sky-View Aerial Services LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial surveying, mapping, inspection, data collection, and public safety support 

operations.

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 3.

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 
2

consideration of the size, weight, speed, and limited operating area associated with the 

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-View Aerial Services LLC 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.
3

Conditions and Limitations

In this grant of exemption, Sky-View Aerial Services LLC 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 3 

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, 
4

the conditions and limitations herein take 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. 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.
5

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 

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.
6

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 

(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.
7

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.

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.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Sky-View	Aerial	Service	LLC

Charles	F.	Jacques	Jr. ,	Member

602	Centerton	Road

Pittsgrove,	NJ	08318

Phone:	(609)	315-9997

Email:	chuckjacques@comcast.net

April	16,	2015

U.S.	Department	of	Transportation (DOT)

Docket	Operations,	M-30

1200	New	Jersey	Avenue	SE

Room	W12-140,	West	Building,	Ground	Floor

Washington,	DC	20590-0001

Subject:	Request	for	Issuance	of	Exemption	under	Title	14	CFR,	Seciton	333

To	whom it	May	Concern,

Pursuant	to	Section	333	of	the	FAA	Modernization and	Reform	Act	of	2012	and	14	CFR	Part	

11,	 Sky-View	 Aerial	 Services	 LLC,	 and	 Charles	 Jacques,	 it’s	 sole	 member hereby	 appies	 for	

exemption	from	certain	Federal	Aviation	Regulations	to	allow	for	the	commercial	operation	of

small	Unmanned Aircraft	Systems (sUAS)	so	long	as	 the	proposed	operations	are	conducted	

within	 and	 under	 the	 conditions	 outlined	 herein	 or	 as	 may	 be	 established	 by	 the	 FAA	 as	

required	in	accordance	with	Section	333.

If	granted,	it	is	my	intention	to	engage	in	the	commercial	operation	of	sUAS	in	order	to	offer	

services	to	multiple	industries	including	but	not	limited	to:

-Aerial	surveying	and	mapping

-Cell	tower	inspections

-Energy	Systems	inspections

-Pipeline	inspections

-Aaerial	data	collection

-Residential	Real	Estate	sales	presentations

-Public	safety	support	operations

The	 requested	 exemption	 would	 permit	 the	 operations	 of	 sUAS	 by	 the	 applicant	 under	

controlled	 conditions	 in	 airspace	 that	 is	 1)	 limited,	 2)	 predetermined,	 3)	 controlled	 as	 to	

access, 4)	 would	 provide	 safety	 and	 environmental	 enhancements	 not	 possible	 with	larger,	

manned	aircraft,	and	5) mitigate	the	inherent	risk	associated	with	the	deployment	of	men	and	

women in	climbing	and	/or	rappelling operations	as	may	often	times	be	required.	
-2-

Additionally,	the	applicant	holds	a	private	pilot	certificate	and	a	current	3rd class	medical	

certificate,	and	has	more	than	3000	hours	of	PIC	time	in	both	single	and	multi-engine	aircraft,	

thereby	demonstrating	an	intimate	understanding	of	how	manned	aircraft	safely	navigate	the	

National	Airspace	System.	

Finally, the	applicant	will	ensure	that	all	flights	will	be	operated	in	class	G	airspace	within	

visual	line	of	sight	(VLOS)	of	the	pilot	and/or	a	visual	observer	(VO) under	daytime	VFR	flight	

conditions	as	defined	in	FAR	91.155.	 For flights	in	other	than	class	G	airspace,	the	controlling	

agency	will	be	notified	at	least	24	hours	in	advance,	and,	if	required,	any	necessary	

permission	will	be	obtained.	The	sUAS	will	be	limited	to	a	maximum	altitude	of	400 feet	AGL	

or	100	feet	above	an	elevated	launch	site.		The	applicant	will	keep	the	sUAS	clear	of	and	yield	

the	right	of	way	to	all	manned	operations	and	activities	at	all	times	(including	but	not	limited	

to	ultra	light crafts,	skydiving	activities,	parasailing	activities,	hang	gliders,	and	hot	air	

balloons.	

Name	and	address	of	the	applicant:

Sky-View	Aerial	Services	LLC

Charles	F.	Jacques	Jr.,	member

602	Centerton	Road

Pittsgrove,	NJ	08318

Ph:	(609)	315-9997

Email:	chuckjacques@comcast.net

Regulations	from	which	this	exemption	is	requested:

-14	CFR	Part	21	Subpart H

-14	CFR	Section	45.23(b)

-14	CFR	Section	61.113(a)	and	(b)

-14	CFR	Section	91.7(a)

-14	CFR	Section91.9(b)(2)

-14	CFR	Section	91.103

-14	CFR	Section	91.109

-14	CFR	Section	91.119

-14	CFR	Section	91.121

-14	CFR	Section	91.151(a)

-14	CFR	Section	91.405(a)

-14	CFR	Section	91.407(a)(1)

-14	CFR	Section	91.409(a)(1)	and	(2)

-14	CFR	Section	91.417(a)	and	(b)

Description	of	proposed sUAS

The	applicant	proposed	to	utilize	the	Phantom	3	as	manufactured	by	DJI.	The	rotorcraft	

weighs	2.9	pounds	including	the	payload that consists	of		a	Sony	camera	sensor.	It	is	operated	

from	the	ground	utilizing	a	remote	controller	operating	at	a	frequency		of	2.400Ghz-2.483Ghz.	

The	maximum	airspeed	is	31	kts.	It	has	a	maximum	ascent	speed	of	985	ft.	per	minute	and	a	

maximum	descent	speed	of		590	ft.	per	minute.	The	Phantom	has	the	ability	to	hover,	and	

move	in	the	vertical	and	horizontal	plane	simultaneously.	It	is	equipped	with	integral	GPS	and		
-3-

one	touch	auto-return	home	technology.	It	is	also	equipped	with	an	intelligent	battery	which	

will	provide	approximately	23	minutes	of	flight	time,	and	will	cause	the	unit	to	return	to	the	

takeoff point	upon	detection	of	 low	battery	power	or	the	loss	of	connection	with	the	remote	

control	unit.	Please	see	the	manufacturer’s	specifications	attached	in	Appendix	“A”.

Safety

The	following	operating	procedures	will	apply	during	the	sUAS	and	operations	under	this	

exemption	request:

1. Any	and	all	required	permissions	and	permits	will	be	obtained	from	appropriate	state,	

county,	or	city	jurisdictions,	including	local	law	enforcement,	fire,	or	other	

appropriate	governmental	agency.

2. Approval	will	be	obtained	from	relevant	property	owners	prior	to	an	operation.

3. The	sUAS	to	be	deployed	by	the	applicant	is	the	Phantom	3	by	DJI,	which has	an	

operational	weight	of	2.9	pounds.	See	the	complete	specifications	attached	herewith.

4. The	sUAS	pilot	in	command	(PIC)	will	be	trained	in	advance	for	the	safe	operation	of	

the	sUAS	to	be	operated.	This	will	include	operation	of	the	sUAS	in	both	normal	and	

failsafe	modes	of	operation,	and	will	include	familiarization	with	the	operation	

manual	as	published	by	the	manufacturer attached	as	Appendix	“C”

5. All	operations	will	be	conducted	:

i. within	visual	line	of	sight	of	the	PIC

ii. utilizing	a	visual	observer	(VO)	if	the	sUAS	will	be	flown	beyond	the	line	

of	site	of	the	PIC

iii. at	less	than	400	feet	AGL	or	100	feet	above	an	elevated	launch	area

iv. within	class	G	airspace	unless	permission	is	received	at	least	24	hrs.	in	

advance	of	the	planned	flight.

v. under	daytime	VFR conditions	as	defined	by	FAR	91.155.

vi. at	least	5	miles	from	any	airport,	heliport,	or	seaplane	base.

					

6. If	a	VO	is	required,	two-way	communications	between	the	PIC	and	the	VO	must	be	

maintained	for	the	duration	of	the	flight.

7. The	 flight	 area	 of	 the	 sUAS	 will	 be	 observed	 for	 best	takeoff and	 landing	 locations.	

Desired	 conditions	 include	 flat	 and	 level	 surfaces	 clear	 of	 debris,	 at	 least	 15’	 from	

power	lines	and	structures,	and	a	minimum	of	12’	from	PIC	and	VO.

8. The	sUAS	will	be	equipped	with	safety	bumpers,	sold	by	the	manufacturer,	installed	

around	the	propellers	to	protect	the	propellers,	structures,	and	persons	from	damage	

and	injury.
-4-

9. All	batteries	will	be	fully	charged	before	each	flight	and	each	flight	will	be	terminated	

when	the	battery	has	20%	power	level	remaining.

10. A	visual	safety	inspection	will	be	conducted	before	each	flight	to	ensure	the	

airworthiness	of	the	sUAS	in	accordance	with	the	manufacturer’s	operating	

instructions	and	the	open	pilot	preflight	checklist	(see	appendix	“B”).This	will	include	

checking	the	propeller	tightness,	the	security	of	the	bumper	guards,	and	remote	

controls.

11. A	preflight	briefing	will	be	issued	by	the	PIC	to	all	personnel	included	in	the	operation	

prior	to	launch. All	personnel	who will	be	performing	duties	for	the	operation	will	be

present	for	the	briefing.

12. If	 appropriate,	 for	 the	 operation,	 the	 sUAS	 will	 utilize	 GPS	 navigation,	 failsafe,	 and	

return-to-home	(RTH)	and/or	flight	abort	safety	features.

Relief	requested

Part	21,	Certification	Procedures	for	Products	and	Parts,	prescribes,	in	pertinent	part,	the	

procedural	requirements	for	issuing	and	changing	design	approvals,	production	approvals,	

airworthiness	certificates,	and	airworthiness	approvals.

The	applicant	requests	an exemption	from	14	CFR	Part	21,	Subpart	H	and	the	

requirement	for	an	airworthiness	certificate	in	general

Section	45.23(b)	prescribes,	in	pertinent	part,	that	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	must	also	

display	on	that	aircraft	near	each	entrance	to	the	cabin,	cockpit,	or	pilot	station,	in	letters	not	

less	than	2	inches	nor	more	than	6	inches	high,	the	words	“limited,”	“restricted,”	“light-sport,”	

“experimental,”	or	“provisional,”	as	applicable.	

Due	to	the	small	size	of	the	sUAS,	the	applicant	requests	an	exception	from	14	CFR	

45.23(b)	that	would	allow	the	sUAS	to	display	the	registration	number	in	letters	and	

numbers	as	large	as	practical	on	it’s	fuselage.	

Section	61.113(a)	and	(b)	prescribes	that—

(a) No	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	command	(PIC)	

of	an	aircraft	that	is	carrying	passengers	or	property	for	compensation	or	hire;	nor	

may	that	person,	for	compensation	or	hire,	act	as	PIC	of	an	aircraft.	

(b) A	private	pilot	may,	for	compensation	or	hire,	act	as	PIC	of	an	aircraft	in	 							

connection	with	any	business	or	employment	if—
-5-

(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.	

Because the	sUAS	is	incapable	of	carrying	a	pilot	or	passengers,	and	due	to	the	

controlled	area	of	operation,	the	applicant	seeks	an exemption	from	this	regulation.	

The	applicant	is	the	holder	of	a	private	pilot	certificate.	We	believe	that	the	private	

pilot	certification	coupled	with	appropriate	training	as	outlined	in	the	flight	training	

manual	for	this	sUAS	(attached	in	Appendix	“C”)	exceeds	the	level	of	safety	provided	by	

a	single	pilot	holding	a	commercial	pilot’s	certificate	operating	in	a	conventional	

aircraft.

Section	91.7(a)	prescribes	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	an	

airworthy	condition.	

Given	that	if	this	exemption	is	granted,	there	will	be	no	airworthiness	certificate,	and	

no	standard	exists	for	an	aircraft	of	this	type.	We	propose	to	utilize	the	manufacturer’s	

operating	and	maintenance	manual	in	conjunction	with	the	open	pilot	preflight	

checklist	attached	herewith	as	exhibit	“B”	to	assess	the	airworthiness	of	the	sUAS.

Section	91.9(b)(2)	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	U.S.-registered	

civil	aircraft	unless	there	is	available	in	the	aircraft	a	current	approved	Airplane	or	Rotorcraft	

Flight	Manual,	approved	manual	material,	markings,	and	placards,	or	any	combination	

thereof.	

Due	to	the	size	and	configuration	of	the	sUAS,	there	is	no	room	or	capacity	to	carry	such	

an	item	on	the	aircraft.	We	propose	maintaining	and	equivalent	level	of	safety	by	

keeping	the	manual	at	the	ground	control	point	where	the	pilot	flying	the	sUAS	will	

have	immediate	access	to	it.

Section	91.103	prescribes	that	each	PIC	shall,	before	beginning	a	flight,	become	familiar	with	

all	available	information	concerning	that	flight,	to	include—

(a) For	a	flight	under	instrument	flight	rules	(IFR)	or	a	flight	not	in	the	vicinity	of	an	

airport,	weather	reports	and	forecasts,	fuel	requirements,	alternatives	available	if	

the	planned	flight	cannot	be	completed,	and	any	known	traffic	delays	of	which	the	

PIC	has	been	advised	by	air	traffic	control	(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	takeoff	and	landing	distance	data	is	required,	the	takeoff	and	

landing	distance	data	contained	therein;	and	
-6-

(2) For	civil	aircraft	other	than	those	specified	in	paragraph	(b)(1)	of	this	

section,	other	reliable	information	appropriate	to	the	aircraft,	relating	to	

aircraft	performance	under	expected	values	of	airport	elevation	and	runway	

slope,	aircraft	gross	weight,	and	wind	and	temperature.	

We	request	an	exemption	from	14	CFR	91.103	as	FAA	approved	flight	manuals	will	not	

be	used.	In	the	absence	of	the	flight	manuals,	the	PIC	will	take	all	pre-flight	actions	

including	but	not	limited	to	reviewing	weather,	flight	battery	requirements,	launch	and	

landing	area	assessments,	and	aircraft	performance	data	before	commencing	a	flight.

Section	91.109	prescribes,	in	pertinent	part,	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.	

We	request	an	exemption	from	14	CFR	91.109	as	evidence	is	inconclusive	that	a	person	

with	a	private	pilot	certificate	can	successfully	maneuver	or	trains	someone	in	the	safe	

operation	and	maneuvering	of	a	sUAS	without	first	hand	flight	experience	with	the	

particular	sUAS.	Therefore	the	training	we	will	offer	will	provide	an	equivalent	level	of	

safety.

Section	91.119	prescribes	that,	except	when	necessary	for	takeoff	or	landing,	no	person	may	

operate	an	aircraft	below	the	following	altitudes:	

(a)	Anywhere.	An	altitude	allowing,	if	a	power	unit	fails,	an	emergency	landing	without	

							undue	hazard	to	persons	or	property	on	the	surface.	

(b)	Over	congested	areas.	Over	any	congested	area	of	a	city,	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	of	the	aircraft.	

(c)	Over	other	than	congested	areas.	An	altitude	of	500	feet	above	the	surface,	except	

							over	open	water	or	sparsely	populated	areas.	In	those	cases,	the	aircraft	may	not	be	

							operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	

(d)	Helicopters,	powered	parachutes,	and	weight-shift-control	aircraft.	If	the	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	paragraph	(c)	of	this	section,	provided	each	person	

operating	the	helicopter	complies	with	any	routes	or	altitudes	specifically	

prescribed for	helicopters	by	the	FAA;	and

(2) A	powered	parachute	or	weight-shift-control	aircraft	may	be	operated	at	

less	than	the	minimums	prescribed	in paragraph	(c)	of	this	section.
-7-

We	request	an	exeption	from	14	CFR	91.119	as	we	believe	an	equivalent	level	of	safety	

will	be	achieved	given	the	size,	weight,	and	speed	of	the	sUAS.	No	flights	will	be	taken	

without	proper	notices	given,	and	permission	being	received	from	the	property	

owners,	therefore	adequate notice	will	be	provided	for	any	individuals	that may	be	

affected	by	the	operation.	Additionally,	since	there	is	no	flammable	fuel	load,	any	

potential	risk	associated	with	these	operations	is	far	less	than	those	presently	

presented	utilizing	conventional	aircraft	operating	below	500	ft.	AGL.	Finally,	the	lowaltitude	restriction	of	the	sUAS	operations	will	ensure	separation	between	the	sUAS	

and	conventional	aircraft	that	must	comply	with	this	section.

Section	91.121	prescribes,	in	pertinent	part,	that	each	person	operating	an	aircraft	shall	

maintain	the	cruising	altitude	by	reference	to	an	altimeter	that	is	set	when	operating	below	

18,000	feet	mean	sea	level	(MSL)	to	the	elevation	of	the	departure	airport	or	an	appropriate	

altimeter	setting	available	before	departure.	

We	request	an	exemption	from	14	CFR	91.121	as	the	sUAS	is	not	equipped	with	a	

barometric	altimeter,	but	instead	outputs	GPS	altitude	data.	An	equivalent	level	of	

safety	will	be	achieved	by	the	PIC	verifying	the	altitude	at	the	launch	site	prior	to	and	

during	the	flight.

Section	91.151(a)	prescribes	that	no	person	may	begin	a	flight	in	an	airplane	under	visual	

flight	rules	(VFR)	conditions	unless	(considering	wind	and	forecast	weather	conditions)	there	

is	enough	fuel	to	fly	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising	

speed—

(1) During	the	day,	to	fly	after	that	for	at	least	30	minutes;	or	

(2) At	night,	to	fly	after	that	for	at	least	45	minutes.	

We	seek	an	exemption	from	14	CFR	151	as	we	believe	we	can	achieve	an	equivalent	

level	of	safety	by	requiring	an	operation	to	be	terminated	when	the	indicated	battery	

power	reaches	20%.	This	would	provide	more	than	sufficient	time	for	the	sUAS	to	

return	to	it’s	planned	landing	zone	from	anywhere	in	the	limited	VSOL	operating	area.

Section	91.203(a)	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	civil	aircraft	

unless	it	has	within	it—

(1)	An	appropriate	and	current	airworthiness	certificate;	and	

(3) An	effective	U.S.	registration	certificate	issued	to	its	owner	or,	for	operation	within								

the United	States,	the	second	copy	of	the	Aircraft	Registration	Application	as			 													

provided	for	in	§	47.31(c).
-8-

Section	91.203(b)	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	civil	aircraft	

unless	the	airworthiness	certificate	or	a	special	flight	authorization	issued	under	§	91.715	is	

displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible	to passengers	or	crew.	

We	request	an	exemption	from	14	CFR	203(a)	and	(b).	Since	the	UAS	weighs	less	than	3	

pounds	carries	no	pilot	or	crew,	and	has	no	cockpit	or	cabin.	We	propose	to	keep	these	

documents	at	the	ground	control	point	where	the	PIC	will	have immediate	access	to	

them,	to	the	extent	the	are	applicable	to	the	sUAS.	

Section	91.405(a)	prescribes,	in	pertinent	part,	that	each	owner	of	an	aircraft	shall	have	that	

aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	shall,	between	required

inspections,	except	as	provided	in	paragraph	(c)	of	this	section,	have	discrepancies	repaired	

as	prescribed	in	part	43,	Maintenance,	Preventive	Maintenance,	Rebuilding,	and	Alteration.

Section	91.407(a)(1)	prescribes	that	no	person	may	operate	any	aircraft	that	has	undergone	

maintenance,	preventive	maintenance,	rebuilding,	or	alteration	unless	it	has	been	approved	

for	return	to	service	by	a	person	authorized	under	§	43.7	of	this	chapter.	

Section	91.409(a)(2)	prescribes,	in	pertinent	part,	that	no	person	may	operate	an	aircraft	

unless,	within	the	preceding	12	calendar	months,	it	has	had	an	inspection	for	the	issuance	of	

an	airworthiness	certificate	in	accordance	with	part	21.	

Section	91.417(a)	and	(b)	prescribe,	in	pertinent	part,	that—

(a) Each	registered	owner	or	operator	shall	keep	the	following	records	for	the	periods	

specified	in	paragraph	(b)	of	this	section:	

(1) Records	of	the	maintenance,	preventive	maintenance,	and	alteration	and	

records	of	the	100-hour,	annual,	progressive,	and	other	required	or	

approved	inspections,	as	appropriate,	for	each	aircraft	(including	the	

airframe)	and	each	engine,	propeller,	rotor,	and	appliance	of	an	aircraft.	

The	records	must	include—

(i) A	description	(or	reference	to	data	acceptable	to	the	

Administrator)	of	the	work	performed;	and	

(ii) The	date	of	completion	of	the	work	performed;	and	

(iii) The	signature	and	certificate	number	of	the	person	approving	the	

aircraft	for	return	to	service.

(2)	Records	containing	the	following	information:	
-9-

(i) The	total	time	in	service	of	the	airframe,	each	engine,	each	

propeller,	and	each	rotor.	

(ii) The	current	status	of	life-limited	parts	of	each	airframe,	engine,	

propeller,	rotor,	and	appliance.	

(iii) The	time	since	last	overhaul	of	all	items	installed	on	the	aircraft	

that	are	required	to	be	overhauled	on	a	specified	time	basis.

(iv) The	 current	 inspection	 status	 of	 the	 aircraft,	 including	 the	 time	

since	 last	 inspection	 required	 by	 the	 inspection	 program	 under	

which	the aircraft	and	its	appliances	are	maintained.

(v) The	current	status	of	applicable	airworthiness	directives	(AD)	

and	safety	directives	including,	for	each,	the	method	of	

compliance,	the	AD	or	safety	directive	number	and	revision	date.	

If	the	AD	or	safety	directive	involves	recurring	action,	the	time	

and	date	when	the	next	action	is	required.

(vi) Copies	of	the	forms	prescribed	by	§43.9(d)	for	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)	of	this	section	shall	be	retained	

until	the	work	is	repeated	or	superseded	by	other	work	or	for	1	year	after	

the	work	is	performed.

(2) The	 records	 specified	in	 paragraph	 (a)(2)	 of	 this	 section	 shall	 be	 retained	

and	transferred	at	the	time	the	aircraft	is	sold.

(3) A	list	of	defects	furnished	to	a	registered	owner	or	operator	under	§	43.11	of	

this	chapter	shall	be	retained	until	the	defects	are	repaired	and	the	aircraft	

is	approved	for	return	to	service.

We	 request	 an	 exemption	 from	 14	 CFR	 91.405(a),	 91.407(a)(1),	 91.409(A)(2),	 and	

91.417(a)	 and	 (b)	 as	 we	 believe	 these	 sections	 apply	 only	 to	 aircraft	 with	 an	

airworthiness	 certificate.	 The	 applicant will	 meet	 all	 maintenance	 requirements	 as	

prescribed	 by	 the	 manufacturer	 in	 accordance	 with	 the	 operating	 manual.	 This	 will	

provide	an	equivalent	level	of	safety	given	the	small	size	of	the	sUAS,	the	proximity	to	

the	PIC	during	flight,	the	short	duration	of	flights	and	the	low	altitude.	
-10-

In	the	event of	a	mechanical	issue,	the	sUAS	can	land	immediately.	The	PIC	will	ensure	

the	 sUAS	 is	 in proper	 working	 order	 prior	 to	 initiating	 flight,	 perform	 all	 required	

maintenance,	and	keep	a	log	of	any	maintenance	performed.			

Attachments:

-Appendix	“A”	DJI	Phantom	3	Series	Specifications

-Appendix	“B”	Open	Pilot	Preflight	Checklist

-Appendix	“C”	DJI	Phantom	Pilot	Training	Guide
1

Sky-View	Aerial	Services LLC

Charles	F.	Jacques	Jr. ,	Member

602	Centerton	Road

Pittsgrove,	NJ	08318

Phone:	(609)	315-9997

Email:	chuckjacques@comcast.net

July	7,	2015

Ms.	Brenda	Robeson

Program	Analyst,	Aircraft	and	Airport	Rules	Division

Federal	Aviation	Administration

800	Independence	Ave,	SW

Washington,	D.	C.	20591

Subject:	Sky-View	Aerial	Services,	LLC	Public	Docket	No.	FAA-2015-1346

			Supplemental	Information	

Dear	Ms.	Robeson,

In	response	to	your	letter	dated	July	1,	2015,	I	respectfully	submit	the	additional	information	

you’ve	requested	in	order	to	comply	with	the	requirements	of	14 CFR	§11.81.		In	your	letter,	

you	requested	that	I	specifically	address	the	following:

-The	reasons	why	granting	the	request	would	be	in	the	public	interest;	that	is,	how	it	would	

benefit	the	public	as	a	whole.

-Any	additional	information,	views,	or	arguments available	to	support	your	request.

I	trust	you	will	find	these	attachments	sufficient	to	reconsider	my	petition.	

Respectfully	submitted;

Charles	Jacques	Jr.
2

Sky-View	Aerial	Services	LLC

Public	Interest:

Given	the small	size of the UA	involved	and	the limited	environment	within	which	it	will	

operate,	its	proposed	operation	“falls	squarely within	that	zone of safety (an	equivalent	

level	of safety) in	which	Congress	envisioned	that	the FAA	must,	by exemption,	allow	

commercial	operations of UAS to	commence immediately.”	 Also	because of the size of the

UA	and	the restricted	areas	in	which	the sUAS will	operate,	the	petitioner asserts	approval	

of the application	presents	no	national	security issue. Additionally,	the	ability	to	conduct	

the	types	of	missions	outlined	in	the	Sky-View	petition	by	a	craft	significantly	smaller	that	a	

manned	aircraft	and	carrying	no	passengers,	crew	or	flammable	fuel	significantly	enhances	

safety	to	the	general	public	as	well	as	those	involved	with	the	mission.	

Granting the requested	exemptions	is	in	the public interest	because of (1) the clear

direction	in	section	333	of Public Law	112–95, (2) the strong	equivalent	level	of safety

surrounding the proposed	operations,	and	(3) the significant	public	benefit,	including	

enhanced	safety and	reduction	in	environmental	impacts (such	as	reduced	emissions	

associated	with	allowing sUAS for photography and	inspection operations).

Additional	consideration:

The	FAA	has	set	precedence in	granting	petitions	to	other	entities	that propose	to	engage	

in	the	same	or	similar	types	of	activities	under	essentially	the	same	operating	parameters.	

Below	is	a	list	of	exemptions		granted	which	we	believe	engage	in	operations	similar	to	

those	we	propose.

-11062	Astraeus	Aerial

-11109	Clayco	Inc.

-11112	VDOS	Global

-11213	Aeryon	Labs,	Inc.

-11969	HighGround	Images,	LLC

-11941	soaring	Sky,	LLC

-11940	Aerial	Associates	Photography,	Inc.

-11947	Daniel	C.	Augspurger