April	20th,	2015

Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or

consulting services. Pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11,

Skyflik Aerial Filming, a full service video production and photography 

company, hereby applies for an exemption from the Federal Aviation

Regulations (FARs) listed below to allow operation of our Small

Unmanned Aircraft Systems (sUAS) commercially in airspace regulated

by the Federal Aviation Administration (FAA) so long as such

operations are conducted with and under the conditions outlined

herein or as may be established by the FAA as required by Section

333.

The requested exemption would permit Skyflik Aerial Filming to

pursue its commercial interests in providing services to clients using

a small advanced sUAV in the following areas:

 Real Estate

 Marketing

 Mapping

 Surveying

 Special Events

Skyflik Aerial Filming states that all sUAS flights will occur over private

or controlled access property, and will do so with the property owner’s

consent and knowledge. Only people who have consented, or

otherwise have agreed to be in the area where photography or 

videography will take place, will be present.

Additionally, Skyflik Aerial Filming’s sUAS pilots are current, fully 

certified Air Traffic Control Specialists (ATCS) employed by the Federal 

Aviation Administration in various terminal (radar and tower) facilities. 
All pilots in command (PIC) for Skyflik Aerial Filming have graduated 

from the FAA Mike Monroney Aeronautical Center for Air Traffic Control, 

and have completed the following FAA sUAS educational courses:

 (60004746) Special Use Airspace Management System (SAMS) 

Training (COURSE FAA60004746)

 (50019) Airspace and Procedures (COURSE FAA50019)

 (60004461) Unmanned Aircraft Systems (UAS) (COURSE 

FAA60004461)

 (27100179) Introduction to Unmanned Aircraft Systems 

(BRIEFING FAA27100179)

 (27100222) Unmanned Aircraft Systems - Initial (COURSE 

FAA27100222)

Skyflik Aerial Filming believes that ATCS have both an utmost

understanding of the National Airspace System and the principles of 

flight. Therefore, Skyflik Aerial Filming believes that ATCS provide a 

level of safety and understanding of aviation in the United States far 

greater than the basic requirement of holding a private pilot’s license. 

If observers are not qualified private pilots or certified ATCS, they will

attend a ground school to understand the proper roles of an observer,

which include but are not limited to; communication procedures,

proper visual scan techniques, operations at non-towered airports, and 

appropriate sections of the Aeronautical Information Manual (AIM).

Regulations from which exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

Unmanned Aircraft Systems
sUAVs are often seen as superior to helicopters as an aerial video

gathering platform due to less expensive equipment and personnel

cost, reduced noise and as such, create a much smaller

environmental impact which promotes public safety.

Skyflik Aerial Filming is petitioning for an exemption to operate both a

DJI Phantom 2 Vision Plus and a DJI Phantom 3 Professional. Both 

models are equipped with a built-in stabilized HD camera and GPS

safety features. These safety features include the ability to 

restrict the maximum altitude they operate above ground level (AGL),

to limit the radial distance from the operator and to exclude them from

operations within designated Class B, C and D airspace including “nofly zones”. Both models also have a failsafe function that is

automatically engaged in the event communication is lost between the

sUAS and the main controller transmitter. At that time, the sUAS will 

return to its point of takeoff and land safely. If the connection is

restored, the PIC can regain control of flight and land manually.

These specifications meet or exceed the Model Aircraft Operating

Standards as set below:

 The petitioner will only operate its sUAS in line-of-sight of a pilot

and/or observer and will operate at sites that are ‘sufficient

distance’ from populated areas within the sterile area described

in the FOPM. Such operations will ensure that the sUAS will “not

create a hazard to users of the national airspace system or the

public.”

 When flying the sUAS within three (3) miles of an airport, airport

operators will be notified and the operator will give the right-ofway to avoid flying in the proximity of full-scale aircraft.

 Maximum flight time for each operation will be 30 minutes.

 Flights will be terminated when battery levels reach 25%,

allowing sufficient reserve flight time to safely land the sUAS.

 The sUAS will be programmed so it will not be operated at an

altitude that exceeds 200 feet AGL, and not more than 100 feet

above an elevated platform from which videography is planned.

 Minimum crew for each operation shall consist of : sUAS pilot and

a visual sUAS observer.

 The sUAS PIC will be an FAA certified Air Traffic Control Specialist.

 The sUAS operated by the petitioner weighs less than 25 pounds,

including all payload (i.e. camera, lens, and stabilized gimbal).

 The sUAS will operate at speeds of no more than 50 knots, can

hover, and can simultaneously move vertically and horizontally. 

 Given the small size of the sUAS and the restricted sterile

environment within which it will operate, Skyflik Aerial Filming’s

operations adhere to the Reform Act’s safety requirements.
The fact that all Skyflik Aerial Filming’s pilots are FAA-certified ATCS

demonstrates the company’s high regard for safe operations with an

extensive understanding of FARs, pre-flight inspections, knowledge of

NAS operations and differences in airspace classifications, maintenance

and repair, as well as being trained to the highest safety standards in 

aviation.

Under the requested exemption, Skyflik Aerial Filming ensures all

operators have completed sUAS education and training programs, while 

also thoroughly understanding all applicable regulations and guidance

documents. Guidance documents include aeronautical background 

information, such as charts, NOTAMS and Aircraft Circulars; Radio

Communications Procedures; Human Factors and Crew Resource

Management; Basic sUAS Aerodynamics; Weather factors; Airmanship

and Decision-making and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable Skyflik 

Aerial Filming to operate efficient, limited, low-risk commercial sUAS

operations for the activities stated respecting at all times the space and

privacy of citizens and property while keeping airspace safe.

Sincerely submitted, 

 

Thomas Fiset Jason Michaud

14 Village Way 63 Antone Ave

Plaistow, NH 03865 Falmouth, MA 02536

603-702-2474 508-345-9727

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Skyflik Aerial Filming requests an exemption from the following 

regulations as well as any additional regulations that may technically

apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an

airworthiness certificate. While the FAA continues to work to develop

airworthiness standards for Unmanned Aerial Systems, we request an

experimental certificate be issued for the DJI Phantom 2 Vision Plus
and DJI Phantom 3 Professional under either, or both, of the

following provisions: 21.191 Experimental certificates. Experimental

certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design

concepts, new aircraft equipment, new aircraft installations, new

aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests

and other operations to show compliance with the airworthiness

regulations including flights to show compliance for issuance of type

and supplemental type certificates, flights to substantiate major

design changes, and flights to show compliance with the function and

reliability requirements of the regulations. Since the experimental

certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would

expect that an experimental certificate would permit our commercial

purpose as well. The aircraft will not carry persons or property, will

not carry fuel, and will only fly under strict operational requirements. 

Combined with the UA's light weight, being constructed primarily of

carbon fiber and plastic, we propose that the UA will be at least as

safe, if not safer, than a conventionally certificated aircraft performing

the same mission. If an experimental airworthiness certificate is not

appropriate for this application, then we request an exemption of 14

CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in

the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the

aircraft's registration number in letters at least 3 inches high.

Additionally, the aircraft must display the word "EXPERIMENTAL" in

letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. The sUAV does not have an entrance in which the word

"EXPERIMENTAL" can be placed, and may not have a registration

number assigned to it by the FAA. We propose to achieve an equivalent

level of safety by including the word "EXPERIMENTAL" in the placard on

the top of the aircraft, as shown above, where the PIC, VO and others

in the vicinity of the aircraft while it is preparing for launch will be able

to see the designation. Additionally, we feel that the permanent

placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at

the ground station a high contrast flag, banner or sign that contains

the words "Unmanned Aircraft Ground Station" in letters 3 inches high

or greater. Since the aircraft will operate within 3/4 NM of the ground

station, the banner should be visible to anyone that observes the

aircraft and chooses to investigate its point of origin.
14 CFR 91.7 Prohibits the Operation of an aircraft without an

airworthiness certificate.

As no such certificate will be applicable in the form contemplated by

the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard

requirements. 

This regulation provides that no person may operate an aircraft

unless a current, approved flight manual is in the aircraft. We assume

that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We

request an exemption to this requirement since the aircraft is not only

too small to carry documentation, the documentation would not be

available to the crew during flight operations. To obtain an equivalent

level of safety and meet the intent of 91.9, we propose that a current,

approved sUAS Flight Manual must be available to the crew at the

ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument

flight and certain flight tests.

The regulation states "No person may operate a civil aircraft that is

being used for flight instruction unless that aircraft has fully functioning

dual controls." The sUAS System ground-based control station consists

of a hand-held radio transmitter and while it does not offer a second

set of "controls", both the student and instructor can, and will, operate

the single set of controls simultaneously. With both student and 

instructor having "hands-on" the controls during flight, this technique

meets the intent 91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft

cannot be operated closer than 500 feet to any person, vessel, vehicle,

or structure. Since the typical mission of the sUAS would be

photography or survey of persons, vessels, vehicles or structures it

would be necessary to operate closer than 500 feet to the items listed.

Operations will only be flown over property or persons where

permission has been obtained and careful pre-planned has been

performed. The aircraft will be operated at a low altitude allowing, if a

power unit fails, an emergency landing without undue hazard to

persons or property on the surface. Therefore we maintain that due to

the small size of the UAS, the hazard to persons, vehicles and

structures is minimal compared to manned aircraft, which should be

considered in granting the exemption.
CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes

by reference to an altimeter setting available within 100 NM of the

aircraft. The sUAS will always fly below 200 feet AGL and will not

need to maintain cruising altitudes in order to prevent conflict with

other aircraft. An Above Ground Level altimeter measurement above

the takeoff point is transmitted via radio from the sUAS on-board

computer to the display screen held by the PIC, providing a constantly

updated AGL readout. In the event that this feature is unavailable, 

no flight will be conducted.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an

airplane under day- VFR conditions unless there is enough fuel to fly

to the first point of intended landing and to fly after that for at least

30 minutes. We feel the intention of this paragraph is to provide an

energy reserve as a safety buffer for delays to landing. The sUAV is 

battery operated and the maximum duration of flight from a single

battery charge is 12 minutes with a 20% reserve. Since the aircraft

will never fly more than 3/4 NM from the point of intended landing, a 

full battery charge at launch will ensure that we meet the reserve

energy requirement of this paragraph. We request an exemption to 

the word "fuel" and ask for an equivalent interpretation with the word

"energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the

registration number assigned to the aircraft and a registration

certificate must be aboard the aircraft. Additionally, subparagraph (b)

provides that the airworthiness certificate be "displayed at the cabin

or cockpit entrance so that it is legible to passengers or crew." At a

maximum gross weight of 5.3 pounds, the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of

carrying passengers or crew. To obtain an equivalent level of safety

and meet the intent of 91.203, we propose that documents deemed

appropriate for this aircraft by the FAA will be co-located with the

crew at the ground control station and available for inspection upon

request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be

permanently affixed to the aircraft via placard containing the

following information plus the word "EXPERIMENTAL" to satisfy the

requirement of 14 CFR 45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive

Maintenance, Alterations
The regulation provides that the operator is primarily responsible for

maintaining the aircraft in an airworthy condition, including compliance

with part 39 and 43. Paragraphs 91.407 and 91.409 require that the

aircraft be "approved for return to service by a person authorized

under 43.7" after maintenance and inspection. It is our intention that

the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will

ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed inspections after every two hours of

flight. Maintenance performed by the PIC is limited to repairing small

cracks, replacing a propeller, checking electrical connections and

updating software and firmware for the on-board computer. The 

manufacturer, or their designated repair facility, will perform all other 

maintenance. The PIC will document work performed in accordance

with 91.417. We feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety.