7/29/15

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590 

Re: Exemption Request under Section 333 - Small UAS

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for 

seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that 

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rulemaking required by section 

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b) (1), The 

Petitioner “Boca Sky LLC” proposes the following exemptions and meets all requirements to permit FAA 

approval of commercial UAS operations. The proposed exemption, if granted, would allow Petitioner to 

conduct commercial operations of small unmanned aerial systems (“UAS”) meeting or exceeding all of 

the operational and safety requirements Congress has set forth in Section 333.

Petitioner is an aerial photography company that plans to utilize the unique capabilities of Unmanned 

Aerial Systems (UAS) to offer a multitude of services, including:

- Aerial surveying

- Aerial filmmaking and photography

- Educational and research operations

- Real Estate

- Construction site inspections and monitoring

This exemption will cover use of the following airframes, all of which will weigh less than 55 pounds 

including payload and energy sources:

DJI Inspire - Exemption 11398 

3DRobotics Solo - Exemption 11961

Other models to be added by future amendment to this exemption.

(a) The name and contact information of the applicant are:

Boca Sky LLC

2799 NE 25 Terrace

Boca Raton, FL 33431

Attn: Chris Johnson

Phone: (561) 247-1301

Email: info@bocasky.com
(b) Specific section or sections of 14 CFR from which exemption is sought to the extent necessary to 

allow Boca Sky LLC to operate a UAS to perform training, research, and aerial data collection.

1) 14 CFR 21

2) 14 CFR 36

3) 14 CFR 45.23, 45.27

4) 14 CFR 45.29

5) 14 CFR 61.113

6) 14 CFR 91.9

7) 14 CFR 91.103

8) 14 CFR 91.119

9) 14 CFR 91.151

10) 14 CFR 91.203

11) 14 CFR 91.405, 91.407, 91.409, 91.417

(c) The extent of relief sought is for the duration of the Grant of Exemption, unless otherwise 

specified.

The reasons to seek relief is as follows:

I. 14 CFR 21

1. The petitioner requests relief from 14 CFR part 21. The UAS is a small rotorcraft 

weighing less than 55 pounds during operation. The UAV maximum speed is 35mph and 

the operating area will be limited to remote or impassable locations where vehicular 

traffic is non-existent or controlled. The PIC will maintain VFR Rules flying at no more 

than 400 feet and will operate the UAS during the day in line-of-sight so as not to create 

a hazard to users of the National Airspace System or the Public or pose a threat to 

national se

II. 14 CFR 36

1. The Petitioner requests relief from any associated noise certification and testing 

requirements of part 36. 

III. 14 CFR 45.23, 45.27

1. The UAV does not currently display marks consisting of the Roman capital letter 

“N” followed by the registration number of the aircraft in compliance with 14 CFR 45.23 

and 14 CFR 45.27. The Petitioner will register the UAS with the FAA and ensure UAV is 

marked as appropriate before using the UAS in the NAS for commercial purposes.

IV. 14 CFR 45.29

1. The Petitioner request relief from the size requirements under this section due 

to the size limitations of the UAS. We propose to use marks as large as possible on the 

UAV as well as keep registration information with the PIC during operation.

V. 14 CFR 61.113

1. This relief is requested since the limitations set forth in Section 61.113(a) and 

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

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. As set forth more fully below, Boca Sky LLC submits that an 

equivalent level of safety will be maintained because no PIC will be allowed to operate 
the UAV’s unless that PIC has met certain flight-hour and current requirements, 

demonstrating that the PIC is able to safely operate either the UAV’s in a manner 

consistent with the operations specifications as described in this exemption, including 

evasive and emergency maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures. Further, Boca Sky LLC submits that all flights of 

the UAS conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental 

to Boca Sky LLC business; and (2) will not carry passengers or property for compensation 

or hire. 

VI. 14 CFR 91.9

1. Relevant materials shall be kept in a location accessible to the PIC in compliance

with the regulations.

VII. 14 CFR 91.103

1. The UAS will not be operated within any Class B, C, or D airspace; but, the PIC

will follow all other applicable pre-flight actions including reviewing weather, flight 

battery requirements, landings, and takeoff distances and aircraft performance data 

before initiation of flight.

VIII. 14 CFR 91.119

1. The Petitioner requests relief from this section because PIC will ensure the UAS

is operated in controlled environments outside of populated areas away from public and

traffic; avoiding of areas which are depicted in “yellow” on VFR charts, as well as

obtaining and assessing information regarding congested areas from the local Flight 

Standards District Office (FSDO) and avoiding areas of congestion. The UAS will not be 

operated within 500 feet of vehicles or objects in open areas. The Petitioner requests

that if barriers or structures are present that can sufficiently protect nonparticipating

persons from the UAS or debris in the event of an accident, the PIC may operate closer

than 500 feet to persons afforded such protection. The operator will ensure that

nonparticipating persons remain under such protection.

IX. 14 CFR 91.151

1. The Petitioner requests exemption from this section due to the maximum flight

time available from the UAS. The UAS total flight time is limited to 30 minutes and 

therefore the PIC would not be able to meet the minimum standards and still conduct 

the inspections. The UAS is equipped with a visual battery indicator that displays the 

battery levels at all time. Additionally, the UAS has a visual and haptic alarm that 

indicates when the battery reaches a state of 25% battery life, or approximately 7 

minutes of flight time. These indicators, coupled with pilot awareness and the 

emergency return-to- station setting will supply ample time to land the UAS safely in the 

event of low battery.

X. 14 CFR 91.203

1. The Petitioner requests relief from 14 CFR 91.203 as the appropriate

airworthiness certificate does not exist for these UAS. Additionally, the certificate cannot

be displayed in the aircraft due to the size and physical structure of the UAS. 

XI. 14 CFR 91.405, 91.407, 91.409, 91.417

1. regulations require, in general, aircraft owners and operators to inspect the

aircraft “...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 of this chapter.” These regulations apply to aircraft with an 

Airworthiness Certificate. Therefore, these sections are not applicable to these UAS. 

Operators will adhere to requirements located within the operations manual as directed 

by the manufacturer. 

(d) The reasons why granting this request would be in the public interest

Our use of UAS for imaging and survey mapping can reduce the required manpower as well as the 

likelihood of inspection related injuries. The environmental impact can also be reduced when using

small UAS instead of traditional methods via helicopter and fixed wing aircraft. Small UAS can inspect,

photograph and collect data in hard to reach areas that otherwise would require worker inspection. 

Manned aircraft have a greater possibility of becoming a threat to the general public through potential 

catastrophic crashes resulting in loss of life. Our small UAS pose no such threat due to their small size 

(each weighing less than 15 pounds), no onboard pilot, and lack of combustible fuel. This alleviates a 

large amount of potential threats to the public. Additionally, small UAV’s reduce the environmental 

impact by dramatically decreasing the energy used for aerial imaging. Our UAS are powered by Li-Po

batteries, which are much safer than combustible aviation fuel.

All flight operations will be conducted by at least two individuals (PIC and observer) who will maintain 

verbal communication capability with each other at all times during the flight, and who will remain 

stationary on the ground during the flight operations:

All flight operations will comply with the following: 

1) The manufacturers’ user manuals.

2) Conducted during daylight hours.

3) PIC and VO will maintain VLOS at all times.

4) Pre-flight inspections (including ground control station, if any) and safety risk assessments will be

conducted prior to each flight.

5) Flight altitudes will remain below 400 feet above ground level.

6) Flight ground speeds will not exceed 50 knots.

7) Not intrude into Class B, C or D airspace, or published approach, SID or STAR, or take place within 5

nautical miles of an airport.

8) Not be made near persons as required in 14 CFR 91.119 and not over persons on the ground without

their prior permission.

9) Not exceed 75% of the battery or fuel capacity of the aircraft, or 30 minutes, whichever occurs first.

10) All other applicable regulations concerned with the operation of aircraft.

11) Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft

On March 24, 2015, the FAA announced that it has implemented a new policy of granting "blanket" 

COAs to applicants requesting exemptions from the Federal Aviation Regulations under Section 333 of 

the FAA Modernization and Reform Act of 2012. 

Boca Sky LLC hereby requests that a "blanket" COA that conforms to the terms set forth in 

https://www.faa.gov/news/updates/?newsId=82245 upon approval of Boca Sky LLCs’ exemption 

request.