**SKYVU DRONES Christopher C. Wall, member**  **ATP NO. 3143507** 3500 Forest Oaks Drive Chapel Hill, NC 27514 Phone: (480)710-3572 Email: cavok.321@gmail.com November 25, 2015 U.S. Department of Transportation (DOT) Subject: Request for Issuance of Exemption under Title 14 CFR, Section 333

To whom it may concern, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, SKYVU DRONES, and Christopher C. Wall, member, hereby applies 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 --Ce l l t o w e r i n s p ec t io ns --Energy Systems inspections --Pipel i ne i n s p ec t io ns --Aerial data collection

-- Residentia l Rea l E stat e s ales p r e s entations --Public safe t y support opera t ions 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. The applicant holds an Air Transport Pilot (ATP) certificate number 3143507, a current 1st class medical certificate, and has more than 6000 hours of PIC time in Heavy jet aircraft, thereby demonstrating an intimate understanding of how manned aircraft safely navigate the National Airspace System. Due to the small size of the 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 this 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 similar operations: --11062 Astraeus Aerial --11109 Cla yc o I nc. --11112 VDOS G lobal --11213 Aeryon Labs, Inc. --11969 HighGround Images, LLC --11941 Soaring S k y , LLC --11940 Aerial Associates Photography, Inc. --11947 Daniel C. Augspurger 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:** SKYVU DRONES Christopher C. Wall, member ATP No. 3143507 3500 Forest Oaks Drive Chapel Hill, NC 27514 Ph: (480) 710-3572 Email: cavok.321@gmail.com

**Regulations from which this exemption is requested:** --14 CFR Part 21 Su b par t H --14 CFR Sectio n 45.23(b) --14 CFR Sectio n 61.113(a) an d (b) --14 CFR Sectio n 91.7(a) --14 CFR Sec t ion91.9( b )(2) --14 CFR Sec tion 91.103 --14 CFR Sectio n 91.109 --14 CFR Sectio n 91.119 --14 CFR Sectio n 91.121 --14 CFR Sectio n 91.15 1 (a) --14 CFR Sectio n 91.405(a) --14 CFR Sectio n 91.407(a)(1) --14 CFR Sectio n 91.409(a)(1) an d (2) --14 CFR Sectio n 91.417(a) an d (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 camera sensor. It is operated from the ground utilizing a remotecontroller operating at a frequency of 2.400Ghz--2.483Ghz. The maximum airspeed is 31 kts. It has a maximum ascent speed of 985 feet per minute and a maximum descent speed of 590 feet per minute. The Phantom 3 has the ability to hover, and move in the vertical and horizontal plane simultaneously. It is equipped with integral GPS and 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:

• 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. • Approval will be obtained from relevant property owners prior to an operation. • 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. • The sUAS pilot in command (PIC) will be trained in advance for the safe operation of the sUAS to be operated. 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. Knowledge level 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” • All operations will be conducted : • within visual line of sight of the PIC • utilizing a visual observer (VO) if the sUAS will be flown beyond the line of site of the PIC • at less than 400 feet AGL or 100 feet above an elevated launch area • within class G airspace unless permission is received at least 24 hrs. in advance of the planned flight. • under daytime VFR conditions as defined by FAR 91.155. • at least 5 miles from Airport Reference Point • If a VO is required, 2-way communications between the PIC and the VO must be maintained for the duration of the flight. • 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 Visual Observer. • All batteries will be fully charged before each flight and each flight will be terminated when the battery has 20% power level remaining. • 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. • 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. • 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— • 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. • A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: • The flight is only incidental to that business or employment; and • 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—

• 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); • For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: • 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 • 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 sport pilot certificate can successfully maneuver or train 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:

• Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. • 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. • 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. • Helicopters, powered parachutes, and weight--shift--control aircraft. If the operation is conducted without hazard to persons or property on the surface— • 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 • A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. **We request an exemption 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 low altitude 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—

• During the day, to fly after that for at least 30 minutes; or • 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 its planned landing zone from anywhere in the limited 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). 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 they may be 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—

• Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: • 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— • A description (or reference to data acceptable to the Administrator) of the work performed; and • The date of completion of the work performed; and • The signature and certificate number of the person approving the aircraft for return to service. • Records containing the following information: • The total time in service of the airframe, each engine, each propeller, and each rotor. • The current status of life--limited parts of each airframe, engine, propeller, rotor, and appliance. • The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis. • 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. • 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. • Copies of the forms prescribed by §43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. • The owner or operator shall retain the following records for the periods prescribed:• 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. • The records specified in paragraph (a)(2) of this section shall be retained and transferred at the time the aircraft is sold. • 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. 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” Pilot Preflight Checklist --Appendix “C” DJI Phantom Pilot Training Guide