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November 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 from 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 operator of Small Unmanned Aircraft (UA) hereby 

applies for an exemption from the listed Federal 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 under the restrictions listed below and those in the

confidentially submitted operating manuals (available on request). 

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

SKYSCENE, LLC REQUESTS THAT THE PUBLICATION AND COMMENT 

PROCEDURES BE WAIVED IN ACCORDANCE 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? 
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The FAA may not publish a summary of your petition for exemption and request comments 

if you present or we find good cause why we should not delay action on your petition. The factors 

we consider in deciding not to request comment include: 

(a) Whether granting your petition 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, Skyscene, 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 set 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 limited FAA resources and allowing FAA inspectors to dedicate 

their time and attention to much higher priorities. Moreover, Skyscene, LLC is adversely affected 

by the below listed regulations. 

(d) The petition has been filed in a timely manner. 

PUBLIC BENEFIT 

This exemption will allow commercial operations 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 operation 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 flammable 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 quiet 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 has multiple motors, providing redundancy, while 

most manned aircraft have only one engine. The operations of the 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 Drive, Spring Valley, CA 91978 
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REGULATIONS FROM WHICH THE 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 and the limitations listed 

in the confidentially submitted operating manual (manuals available on request). The limitations 

below, from the previously granted exemption, will be followed if there is a conflict with the 

operating 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 requirement that all civil aircraft must have a 

current airworthiness certificate. "The Administrator 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 Administrator 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 submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the FAA Modernization and Reform Act of2012. This law directs the 

Secretary of Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rulemaking required under 

Section 332 of the FAA Modernization and Reform 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 national 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 safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system." Id.§ 333(c) (emphasis added). 
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The FAA has already established requirements for summary grants that will be further 

discussed below. Applicant interprets this provision to place the duty on the Administrator to not 

only process applications for exemptions under section 333, but for 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 statutory requirements for approval. 

EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein applies 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 safety 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 conducting commercial UA 

operations. The list of limitations and conditions include the following: 

1. Operations authorized by this grant of exemption are limited to the SenseFly eBee and the DJI 

Spreading Wings S1000; all of which weigh 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, the conditions and limitations herein take precedence and must be followed. 
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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 Colombia, 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. 

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, 
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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 UA loses communications or loses its GPS signal, the UA must return to a 

predetermined 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. 

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 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 from all nonparticipating persons, 

vessels, vehicles, and structures unless: 
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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. 

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 vertical 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 submitted manual. Such operations will insure that 

the UA will "not create a hazard to users of the national airspace 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 presents 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 place to carry certification and registration 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 certificate provides an equivalent level of safety. 
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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 pilot certificate." Likewise, Skyscene, LLC is also 

performing commercial UAS work and is asking for the same restrictions 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 Privileges 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 proposed operations can achieve the equivalent 

level of safety of current operations 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 carries 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 certificate issued for the unmanned aircraft, and no 

FAA regulatory standard will exist for determining 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 for operation of civil aircraft. Section 91.119 

(d) allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. Because of the lack of flammable fuel, any risk associated with these operations is far 

less than those presently presented with conventional aircraft operating at or below 500 AGL. 

In addition, the low-altitude operations of the UAS will ensure separation between these small 

UAS operations and the operations of conventional 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 lieu of an altimeter setting. 

14 C.F.R. § 91.l5l(a): Fuel Requirements for Flight in VFR Conditions 
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Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under 

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." 

Applicant believes that an equivalent level 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 manufacturer if greater." Exemption # 11284, at page 

5. 

14 C.F.R. § 91.405 (a);§ 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): 

Maintenance Inspections 

These regulations require that an aircraft operator or owner "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 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 airworthiness 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 familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

Lastly, the petitioner will operate in accordance 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 outlined 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