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Nov ember 18 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12-140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations fr om 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(l ); 91.405(a); 91.407(a)(l); 91.409(a)(l) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Skyscene, LLC, an opera tor of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Fede ral Aviation Regulations ("FARs") to allow commercial operation of its UA. Skyscene, LLC is eligible for a summary exemption for aerial data collection; please reference exemption #11482.

QUICK REFERENCE SUMMARY

Type of UA to be flown: SenseFly “eBee” and the DJI Spreading Wings S1000

The operations will be for: Aerial Data Collection

 Mapping

 Inspections

 Aerial Survey

 Aerial Video

 Aerial Video Training (S.T.E.M.)

The Petitioner will operate unde r the restrictions listed below and those in the confidentially submitted op erating manuals (available on req uest)

.

The Petitioner agrees to all th e restrictions in Exemption # 11784 which are listed below.

SKYSCENE, LLC REQUESTS THAT THE PUBLICATION AND COMMENT
PROCEDURES BE WAIVED IN ACCO RDANCE WITH 14 C.F.R. § 11.87.

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption?2 The FAA may not publish a summary of your pe tition for exemption and request comments if you present or we find good cause why we shoul d not delay action on your petition. The factors we consider in deciding not to request comment include:

(a) Whether granting your petiti on would set a precedent. (b) Whether the relief requested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub-sections, S kyscene, LLC has good cause to request the FAA to waive the comment period and not delay action on the petition because:

(a) Skyscene, LLC would not se t any precedent. Skyscene, LLC agrees to the SAME exact limitations as Exemption# 11784. (b) The relief requested is identical to that granted, without publication for comment, in Exemption# 11784. (c) Delaying the granting of this petition would adversely affect the public, the FAA, and Skyscene, LLC. The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up li mited FAA resources and allowing FAA inspectors to dedicate
their time and attention to much higher priorities. More over, Skyscene, LLC is adversely affected by the below listed regulations. (d) The petition has been f iled in a timely manner.

PUBLIC BENEFIT

This exemption will allow commercial operati ons of UA's that will enhance safety by reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large amounts of Jet A or 100LL. Not only is the operati on dangerous at the location, the aircraft must fly to the location and back to the home airport. The UA will weigh less than 55 lbs. and powered by batteries that eliminates most of the risk because no highly fl ammable fuel will be involved. There are no pilots on board the UA and due to the small size of the UA, there is less risk posed to the public on the ground in case of an emergency.

Manned airplanes and helicopters produce a large amount of noise pollution when operating at low altitudes that disrupts the qui et enjoyment of the public on the ground. UA are much quieter and will not disrupt the public as much as manned aircraft; thus, the public will benefit from their use. Additionally, the UA ha s multiple motors, providing redundancy, while most manned aircraft have only one engine. The operations of th e UA listed under the restrictions proposed herein will provide an equivalent level of safety as the Federal Aviation Regulations.

PETITIONER'S CONTACT INFO:

Skyscene, LLC
Attn: Michael Krall Email: mkrall@skyscene.com
Address: 10322 Loma Rancho Dr ive, Spring Valley, CA 919783 REGULATIONS FROM WHICH TH E EXEMPTION IS REQUESTED

14 C.F.R. § 61.23(a) and (c) 14 C.F.R. § 61.101(e)(4) and (5) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.15l(a)(l) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(l) 14 C.F.R. § 91.409(a)(l) & (2) 14 C.F.R. § 91.417(a) & (b)

OPERATING DOCUMENTS

Skyscene, LLC will operate only within the limitations below an d the limitations listed
in th e conf

id entially submitted operating manual (manuals available on req uest) . The limitations
b elow, f rom th e prev io u sly granted exemption, will be followed if there is a conflict with the

o p erating manual.
STATUTORY AUTHORITY TO GRANT THIS PETITION

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under§ 40101 of the Act that includes UAS's, from the requi rement that all civil aircraft must have a
current airworthiness certificate. "The Administ rator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716
of this title if the Administrato r finds the exemption in the public interest." 49 U.S.C. § 4470l(f). See also 49 U.S.C. § 4471 l(b). This exemption petition is expressly submitte d to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization a nd Reform Act of2012. This law directs the Secretary of Transportation to consider whethe r certain unmanned aircraft systems may operate safely in the national airspace system (NAS) be fore completion of the rulemaking required under
Section 332 of the FAA Modernization and Refo rm Act. In making this determination, the Secretary is required to determine which types of UA do not create a hazard to users of the NAS or the public or pose a threat to nation al security in light of the following:

 The UA's size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS).

If the Secretary determines that such vehicles "may operate sa fely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." I d.§ 333(c) (emphasis added).4 The FAA has already established requirements for summary grants that will be further discussed below. Applicant interprets this provis ion to place the duty on th e Administrator to not only process applications for ex emptions under section 333, but fo r the Administrator to craft conditions for the safe operation of the U AS, if it should be determined that the conditions set
forth herein do not fulfill the st atutory requirements for approval.

EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein appl ies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of sa fety to operations under the current regulatory structure. These limitations and conditions are identical to Exemption # 11784 except for the difference in aircraft. Skyscene, LLC agrees to be bound when c onducting commercial UA operations. The list of limitations an d conditions include the following:

1. Operations authorized by this grant of exemp tion are limited to the SenseFly eBee and the DJI Spreading Wings S1000; all of which wei gh less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a pe tition 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 ai rspeed 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 a bove 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 devi ce other than corrective lenses, as specified on the PIC's FAA-issued airman me dical 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 ti mes. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintain s VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic me ssaging 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 ope rating 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.5 Otherwise, the operator must follow the procedur es as outlined in its operating documents. The operator may update or revise its operating documents. It is the ope rator's responsib ility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator mu st also present updated and revised documents if it petitions for extension or amendment to this grant of exem ption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petiti on for an amendment to its gran t of exemption. The FAA's UAS Integration Office (AFS- 80) may be contacted if questions arise re garding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or altera tions 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 opera tions under this exemption. Functi onal 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 ma intaining 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 inspec tion and determine the UAS is in a condition for safe flight. The pre-flight insp ection 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 th e aircraft and aircraft components.

12. Each UAS operated under this exemption mu st comply with all manufacturer safety
bulletins.

13. Under this grant of exemption, a PIC must hol d 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 i ssued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal governme nt. The PIC must also m eet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is ra ted 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 operated under this exemption, including evasive and emergency mane uvers 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 (traini ng, proficiency, and experience- building) and de termining the PIC's ability to safely operate the UAS in a mann er consistent with how the UAS will be operated under this exemption are permitted under the term s of this exemption. However, training operations may only be conducted during dedicated training sessions. During tr aining, proficiency,6 and experience-building flights, a ll persons not essential for flig ht 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 durin g night, as defined in 14 CFR § 1.1. All operations must be conducted under visual me teorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Direct ory (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 UA loses communications or loses its GPS signal, the UA must return to a predetermined location within the priv ate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough avai lable power for the UA to conduc t 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 operat ions that cannot be conducted
under the terms of the attached COA.

22. All aircraft operated in accordance with this ex emption must be identified by serial number, registered in accordance with 14 CFR part 47, a nd have identification (N Number) markings in accordance with 14 CFR part 45, Subpart C. Mark ings 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 mu st 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 an y law enforcement official upon request.

24. The UA must remain clear and give way to a ll manned aviation operatio ns and activities at
all times.

25. The UA may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet fr om all nonparticipating persons, vessels, vehicles, and structures unless:7 a. Barriers or structures are presen t that sufficiently protect nonpar ticipating persons from the UA and/or debris in the event of an accident. The op erator must ensure that nonparticipating persons remain under such protection. If a situation aris es where nonparticipati ng persons leave such protection and are within 500 feet of the UA, flight operations mu st cease immediately in a manner ensuring the safety of nonpa rticipating persons; and

b. The owner/controller of any vesse ls, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safe ty assessment of the risk of operating closer to those objects and determined that it does not present an undue hazar d. The PIC, VO, operator trainees or essential persons ar e not considered nonparticipating persons under this exemption.

27. All operations shall be conducte d over private or controlled- access property with permission from the property owner/controller or authori zed representative. Permission from property
owner/controller or authorized re presentative 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 applic able COA must be reported to the FAA's UAS Integration Office (AFS-80) with in 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per inst ructions contained on the NTSB Web site: www.ntsb.gov

.
Skyscene, LLC's UA are aircraft, weighing 55 lbs. or less including payload. They operate, under normal conditions at a speed of no more than 50 knots. The DJI Spreading Wings S1000 has the capability to hover, and move in the ve rtical and horizontal plane simultaneously. The SenseFly eBee flies on a horizontal plane. They will operate only within VLOS and only within the restrictions above and the confidentially su bmitted manual. Such opera tions will insure that
the UA will "not create a hazard to users of the national airs pace system or the public."

Given the small size of the UA involved and the restricted sterile environment within which they will operate, the applicant 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 UA to commence immediately. Also, due to the size of the UA and the restricted
areas in which the relevant UA will operate, approval of the application pr esents no national security issue.

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or pl ace to carry certification and regi stration documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UA will have immediate access to them. Also, given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

REGULATIONS FROM WHICH EXEMPTION IS NEEDED 14 C.F.R. § 61.23(a) & (c): Medical Certificates

Exemption# 11221, # 11284, and many others have provided that a U.S. driver's license
could be used in lieu of the medical certifi cate provides an equivalent level of safety.8 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.

Exemption# 11221, # 11284, and many others have declared that there is an equivalent level of safety as the FAR's by requiring the PIC to "hold either an airline transport, commercial, private, recreational, or sport pilo t certificate." Likewise, Skyscene, LLC is also performing commercial UAS work and is asking for the same restrictio ns which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.

14 C.F.R. § 61.113 (a): Private Pilot Privileg es and Limitations: Pilot In Command.

Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the UA will not carry a pilot or passengers, the pr oposed operations can achieve the equivalent level of safety of current opera tions by requiring the PIC operating the aircraft to have a sport pilot license rather than a commercial pilot's license to operate this small UAS. Unlike a
conventional aircraft that carrie s the pilot and passengers, the UA is remotely controlled with no living thing on board.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

As there will be no airworthiness certificat e issued for the unmanned aircraft, and no FAA regulatory standard will exist for determini ng airworthiness of the U A, the requirements contained in the confidentially submitted manual and the restrictions already agreed to will provide an equivalent level of safety.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes fo r operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less th an the minimums prescribed, provided the person operating the helicopter complies w ith any route or altitudes pres cribed for helicopters by the
FAA. Because of the lack of fl ammable fuel, any risk associated with these operations is far less than those presently presented with convent ional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of th e UAS will ensure separation between these small UAS operations and the operations of conventiona l aircraft that must comply with Section
91.119.

14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to following the confidentially submitted manuals. Furthermore, many other petitions have been granted allowing GPS to be used in li eu of an altimeter setting.

14 C.F.R. § 91.l5l(a): Fuel Requirement s for Flight in VFR Conditions9 Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and for ecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming norma l 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."

Applicant believes that an equivalent leve l of safety can be achieved by restricting operations to "the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufactur er if greater." Exemption # 11284, at page
5.

14 C.F.R. § 91.405 (a);§ 91.407 (a) (1); § 91.409 (a) (2); § 9 1.417(a) & (b): Maintenance Inspections

These regulations require that an aircraft ope rator or owner "shall have that aircraft inspected as prescribed in subpa rt E of this part and shall be tween required inspections, except as provided in paragraph (c) of th is section, have discrepancies re paired as prescribed in part 43 of this chapter" 5 and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an ai rworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because these small UAS's are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. Moreover, the operator is the person most fa miliar with the aircraft and best suited to maintain the aircraft in an airworthy conditi on to provide the equiva lent level of safety. Lastly, the petitioner will operate in acco rdance with the confidentially submitted manuals that will provide an equivalent level of safety as the burdensome regulations.

CONCLUSION

The operation of Skyscene, LLC using a small UAS, weighing less than 55 lbs., conducted under the proposed restrictions outlin ed above as well as the confidentially submitted manuals, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.

Sincerely yours,

Michael Krall