Sky Logie Aerial Photography, Inc. · 

94Fifth Av~ 

Newburgh, NY 12550 

845~204-8275 

steve@skyl~gicaerial.co:m . . 

Date: 11/24/15 

U. S. Department of Transportation 

Docket Martagement ' System . 

1200 New Jersey Ave., 

SE Washiniton, DC 20590 

Petition for Sky[.()gic Aerial Photography, Inc. 

for Exemption Pursuant to Section 333 

ofthe FAA.Refc:>nn Act · 

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Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) 

and 14 C.F.R. Part 11 Sky Logic Aerial Photography, Inc. , operator of Small Unmanned Aircraft 

Systems ("sUASs") equipped to conduct aerial photography and videography, News gathering, 

Aeriai Surveying, training, hereby applies for an exemption from the listed Federal Aviation 

Regulations ("F AR.s") to allow commercial operation of its U AS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA 

as required by Section 333.1 · 

As described more fully below, the requested e~emption would permit the operation of small, 

unmanned and relatively inexpensive UAS under controlled conditions in airspace that is 1) 

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow. 

Sky Logic Aerial Photogt"aphy, Inc. to conduct conunerciai operations of small unmanned aircraft 

systems ("UAS") meeting or exceeding all of the operational and safety requirements Congress 

have set forth in Section 333. Page 2. SkyLogic Aerial Photography, Inc. asks that if any part of 

this request 'is deemed not in compliance, that part be removed and process the remaining of ~his 

request as apPlicable. 

SkyLogic Aerial Photography, Inc. plans to exploit the. capabilities ofUrunanned Aerial Systems 

to offer a mUltitude of services, including: · 

- Aerial surveying 

~ Event PhotographyNideography 

- Agricul'tu.¢ purposes 

~ Real Estate Photography 

- Aerial filmmaking and photography 

- Construction site inspections and monitoring . 

-News Gathering 

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Statutory Atithority 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 3-33(a) states that the FAA "shall determine if certain UllUlanned aircraft 

systems may, operate safely in the national airspace system before completion of the 

(comprehen~ive) plan and rulemaking required by section 332(b)(l) of this Act or the guidance 

required by section 334 oftbis Act.'' In Section 332(b)(l)," Congress made it clear that Section 

333 provides a mechanism for "expedited operation authorization" if several factors are met 

Petitioner meets all requirements to permit FAA approval of commercial UAS operations. 

The Petitioner Requests Relief from the Following: 

Regulations from which the exemption is requested: 

14 C.P.R. Part 21 

14 C.F.R. 45.23 (l)) 

14 C.P.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

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

14 C.F.R. 91.109 

14 C.F.R. 91.119 

I 14 C.F.R. n.121Page 3 

14 C.F.R. 9E.I51(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 System UAS are oftentimes seen as superior to helicopters due to the smaller 

devices cheaper equipment and personnel cost, reduced noise arid as such, a much smaller 

environmentjal impact which promotes public safety. 

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We are petitioning for exemption to enable Sky Logic Aerial Photography, Inc. to operate the DJI 

Inspire 1 eq~pped with a three-axis camera gimbal and using a High-Def camera. This VAS has 

the failsafe ~ction of the autopilot system which means when the communication between the 

Main Controller and the transmitter is disconnected; the outputs of all command sticks from 

controller will go to the center position. If the GPS signal is good enough, the system will 

automatically trigger Return to Home and will land safely. 

Aircraft Gross weights are less than 164 oz. with battery and the 3 Axis Camera Gimbal and 

Camera 

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A Pre-flight inspection will be performed by the PIC iJ?. accordance with the factory instruction 

manual. An added step will be the inspection of the propellers. A propeller will be replaced if it 

has any nic~s and cracks with a manufacturers authorized propeller. · 

The UAS will be maintained in accordance with the manufacturer's instruction manual and only 

manufacturer's authorized replacement parts will be used. 

FCC Information 

This ttansnptters used for controlling the UAS complies with part 15 of the FCC rules. 

Operation is subject to the following two conditions: 

(1) This device may not cause harmful interference, and (2) this device must accept any 

interference 

received, including interference that may cause undesired operation. 

The radio transmitters used for controlling the UAS is wireless technology which has been tested 

and found to be compliant with the applicable regulations governing a radio transmitters in the 

2.400GHz to 2.4835GHz frequency range. 

Antenna Separation Distance 

When operating our transmitters, the PIC will maintain a separation distance of at least 

5 em between his body (excluding fmgers, hands, wrists, ankles and feet) and the antenna to 

meetRF 

Exposure safety requirements as determined by FCC regulations. 

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Pilot in Command and Observer Qualifications and Duties 

The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical certificate 

or driver's license, plus at least 6 hours flying time and 3 takeoffs and landings within the 

previous 30 days in the type ofUAS utilized in operations. The PIC will have at least 20 hours 

total time arid at least 10 hours flying Radio Controlled Model Aircraft of which will be 50 hours 

flying the UAS. . . , 

Training will be conducted at a local Controlled Access flying field. Sky Logic Aerial 

· Photography, Inc. has the ability to safely train new UAS Pilots. The PIC instructor will be at all 

times able assume control of the UAS. 

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include 

all preflight preparation, in flight operation, post flight requirements, all procedures including but 

not limited to: 

Safe in flight operations 

Risk Mitigation to Persons and property 

Airfield Suitability 

The Observer must have the visual acuity to observe the UA V and be able to communicate 

clearly with :the PIC. 

The Observers duties are; . 

Warning the PIG of any impending obstacles in the flRght path of the UAS .. 

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warning the piC of any deviations in the planned flight path of the sUAS. 

warning the PIC should any unauthorized persoMel appear in the area of the planned flight. 

The Observer will have the authority to order the PIC to terminate the flight should he feel the 

flight canno~ be conducted safely. 

Genen.l Opkrating Standards 

Skylogic Aerial Photography, Inc. will only operate its sUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from hazard areas. Such · 

operations Will insure that the sUAS will"not create a hazard to users of the national airspace 

system or the public." 

A Before an operation of a sUA V within SNM of an airport with a control tower, the control 

tower will be called to gain pennission to operate the sUAS. The PIC will give the position, 

altitude and the times the sUAS will be operated. The sUAS will not be operated at an altitude of 

over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. 

Before an operation of a sUAS within SNM of a non-tower controlled~ airport operators will be 

notified and the PIC will give the right of way to avoid flying in the proximity of full-scale 

aircraft. At no time will the sUAS be O}'Q"8ted within the fmal approach course and the takeoff 

course of any runway. The sUAS will not be operated at an altitude of over 400 feet AGL. 

Weather minimums will be 3 miles visibility and a 1000 foot ceiling. 

• Maximum flight time for each operational flight will be 30 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute 

limit. 

• The sUAV will be programmed so that it will be operated at an altitude of no more than 400 

feetAGL. 

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

• The sUAV operated by the petitioner weighs less than 55 poWlds, including the 

payload (i.e.; camera, lens, and gimbals). 

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• The sUA V will operate at speeds of no more than 40 knots, can hover, and can simultaneously 

move vertically and horizontally. 

• Given the small size of the sUAV and the restricted sterile environment within which they will· 

operate, our sUA V operations adhere to the Reform Act's safety requirements. I 

The UAS, p6wered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel~ it operates at lower altitudes with no people on board and will 

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thereby redu~ current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 20 

minutes, this! is offers little or no risk to national security. · 

Low level oblique photos and video from several angles are far more effective than ground based 

imagery for displaying the characteristiqs of large, complex properties with several buildings and 

large trees. The applicants in the past have chartered 2-seat full-sized helicopters for this 

purpose, which has proven more costly than many potential clients have been able to afford. The 

benefits of reduced cost and improved quality of presentation from the U A will be valuable to 

and benefit r.O.any buyers and sellers of real property as well as mitigating risk by not carrying 

personnel for flight operations. 

(a) No flight will be made with a Gross weight exceeding 15 pounds; 

(b) All operations must occur in FAA allowed Class of airspace at no more than 400 ft AGL, at 

an airspeed if no more than 40 knots and no further than Visual line of sight from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) All required pennits will be obtained from state and local government prior to operation; 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

SkyLogic Aerial Photography, Inc. requests an exemption from the following regulations as well 

as any additi?nal regulations that may technically apply to the operation of the sUA 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 Inspire 1 both of the following 

provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: 

(a) Researc~ and development Testing new aircraft design concepts, new aircraft equipment, 

new aircraft ~nstallations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showini compliance with regulllt1ims. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance for 

issuance oftype and supplemental type certificates, flights to substantiate major design 

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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 sunj'eys, sales demonstrations~ and customer crew training, we would expect that an 

experimenttu certificate would permit our commercial purpose as well. The aircraft will not carry 

persons or ~roperty, will not carry fuel, and :-vill 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 11N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally~ the aircraft must display the word 

"EXPERHv:tENT AL •• in letters at least 2 inches high near the entrance to the cabin~ cockpit. or 

pilot statio~. The sUAV does not have an entrance in which the word "EXPE:RIM:ENTAL" 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 (Pilot In Control)~ VO (Visual 

Observer) 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 pennanent 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, sign or banner that contams the words 

''Unmanned Aircraft in, Use11 in letters 3 inches high or greater. Since the aircraft will operate 

Within Line of Sight 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 61.113 Private pilot p:dvileges and limitations: Pilot in Command and 61.133 . 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command 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. Our proposed operations require that the PIC 

must hold at least a Sport Pilot Certificate with a Drivers License and since the aircraft cannot 

carry passengers or property, we feel we meet the intent of61.113 Subparagraph (b) even though 

the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the fonn contemplated by the F ARs, this Regulation is 

inapplicable. 

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14 CFR 91.~ 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 infoxi,mation is available to the aircrew while operating the aircraft. We request an 

e:xem.ption 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 

· equiv~e:t;lt level of safety and meet the intent of91.9, 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 9l.i09 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that '

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No person may operate a civil aircraft that is being used for flight 

instructipn up.less that aircraft has fully fimctioning dual controls." Training will be conducted at 

a local ~imifed Access flying field. SkyLogic Aerial Photography, Inc. has the ability to provide 

" Safe Dual Training". The PIC instructor will be at all times be able assume control of the 

sUAV. 

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 permissioJ;l has been obtained and careful pre-planned flight path has 

been perfonned. The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without Wldue 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 ofthe aircraft. The sUAS will always fly below 400 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 t:rarismitted via radio 

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly 

updated AGL readout. 

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 sUAS is battery operated and the maximum 

duration of tp.ght from a single battery charge is 20 minutes with a 25% reserve. Since the 

aircraft will hever fly more than line of sight from the point of intended landing, a full battery 

charge at lalinch 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 

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"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 6.1 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 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. 

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14 CFR 91.205(a), (b), (c)' Instrument and· Equipment Requirements 

This regulation provides a minimwn set of instruments and equipment required for day and night 

VFR flight. Due to the small size ofthe sUAS it would be impossible to carry many of these 

instruments. '91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no 

Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller. 

91.205(b) l ~s not applicable as the maximwn available speed of the sUAS is less than the 

maximum required by this exemption and has no effect on performance. 91.205 (b) 10 is not 

applicable a~ the landing gear position can be verified visually before landing. 91.205 (b) 15 Due 

to the size it would be impossible for the sUAS to carry any known ELT. 91.205 (c) Much of this 

equipment is too heavy to be carried by the sUAS. We feel that visual contact with the sUAS and 

indications provided via the controller that all critical information can be monitored. 

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 perfonn maintenance and 

inspection:ofthe aircraft and 11be authorized to approve the aircraft for return to service." The 

PIC will ens~e that the all-craft 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 fi:anware for the on-board computer. All other maintenance will be 

perfonned by the manufacturer or their designated repair facility. We feel that due to the size~ 

construction; and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

Safety and Benefits of the UAS 

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Sky Logic Aeri.al Photo~aphy, In~. will be usi~g the UAS in a variety of appl~cations that . 

generally requtre expenstve :full-stze manned rurcraft to complete. Small, hght, unmanned aenal 

vehicles offer myriad benefits over the use of full-sized manned aircraft for el~ctric power line 

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oil/gas pipeline inspection~ advanced agriculture, film and still photography, just to name a few. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small,UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting Sky Logic Aerial Photography, Inc. it's requested exemptions, the FAA will help 

drive development of safe and successful commercial UAS operations and will advance the 

public knowledge base for such operations. Sky Logic Aerial Photography, Inc. is committed to 

promoting the UAS research efforts ofpolicymakers including the FAA, NASA~ DOD and 

DARPA by sharing data from its commercial UAS operations and serving as a resource for 

future UAS research operations. Thus~ the FAA has good cause to grant this Petition. 

Conclusion 

As pointed out in this application, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated Within the line of 

sight of the Pilot-in-Conunand (PIC), less than 400 feet above the groWld and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, 

unless the air traffic control authorities (ATC) have been notified and have authorized each flight 

within a radius of this distance. 

All our SUAs have proven capability for controlled flight. They are devices offered for general 

sale on the market around the world and have often been used as Model Aircraft in the USA. 

We are. certain that the studies condu~ted Wltil now by the FAA, about Section 332, Public Law 

112~95, 2014, have already provided you with the assurances on the airworthiness of SUAs 

such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted Sky Logic Aerial 

Photography, Inc. should be permitted to conduct small UAS operations in accordance with its 

rn?Ouals and all other operating parameters deemed necessary and appropriate by the FAA. 

The submission of this application and its contents is the best demonstration that indeed it is 

possible to pursue the authorization process so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions. If any individual aspect of this 

request for exemption be unacceptable we ask that 1t be struck alone and the remainder of the 

exemption be allowed as requested. 

Steven J. Bennett Pres. 

SkyLogic Aerial Photography~ Inc. 

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