Sky Logie AerialPhotography, Inc. · 94Fifth**Av~** Newburgh, NY 12550**845~204-8275 steve@skyl~gicaerial.co:m** 

. . Date: 11/24/15
U. S. Departmentof

### Transportation ' Docket Martagement System

. 1200NewJersey Ave., SE Washiniton, DC 20590
Petition for Sky[.()gic Aerial Photography, Inc. for Exemption Pursuant to 

### Section 333 oftheFAA.Refc:>nn Act · ..... 1 \ 1""

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### Pursuantto 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 ofSmall 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 ofits UAS, so long as such operations are conducted within and underthe conditions outlinedherein 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 

### ofsmall, unmanned and relatively inexpensive UAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, ifgranted, would allow. SkyLogic Aerial Photogt"aphy, Inc. to conduct conunerciaioperations ofsmall unmanned aircraft systems 

### ("UAS") meeting or exceeding all ofthe operational and safety requirements Congress have 

### set forth in Section 333. Page 2. SkyLogic Aerial Photography, Inc. asks thatifany part of this request 'is deemed notin compliance, thatpart be removed and process the remaining of**~his** request as apPlicable. SkyLogic Aerial Photography, Inc. 

### plans to exploit the. capabilities ofUrunannedAerial Systems to offer a mUltitude ofservices, including: ·

- Aerial surveying**~** EventPhotographyNideography

- Agricul'tu.¢ purposes**~** Real EstatePhotography

- Aerial filmmaking and photography

- Construction site inspections and 

### monitoring

. -News Gathering

1I Statutory Atithority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization ofsafe civil UAS operations in 

### the NAS. Section 

### 3-33(a) states 

### that the FAA 

### "shall determine 

### ifcertain UllUlanned 

### aircraft systems may, operate safely inthe national airspace system before completion ofthe**(comprehen~ive)** plan and rulemaking required by section 332(b)(l) ofthis Act or the guidance required by section 334 oftbisAct.'' In Section 332(b)(l)," Congress made it 

### clear that Section 333 provides a mechanism for "expedited operation authorization" ifseveral factors are met Petitioner meets all requirements to permit FAA approval ofcommercial UAS operations.
The Petitioner Requests Relieffrom 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 whichpromotes public safety. I I

We are petitioning for exemption to enable SkyLogic Aerial Photography, Inc. to operate the DJI Inspire 1**eq~pped** with a three-axis camera gimbal 

### and using a High-Defcamera. This VAS has the failsafe**~ction** ofthe autopilot system which means whenthe communicationbetween the Main Controller and the transmitter is disconnected; the outputs of

### all command sticks from controllerwill go to the center position. Ifthe GPS signal is good enough, the system will automatically trigger Returnto 

### Home and will land safely.

Aircraft Gross weights are less than 164 oz. 

### with battery and the 3 Axis Camera Gimbal and Camera

2

### A Pre-flight inspection 

### will beperformed by the PIC

### iJ?. accordance

### with the 

### factory instruction manual. 

### Anadded step 

### will bethe inspectionofthe propellers. A propeller will be replaced 

### ifit 

### 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 replacementparts will be used.

FCCInformation This ttansnptters used for controlling the UAS complies withpart 15 ofthe FCC rules. Operation

### is subject to the following 

### two conditions: (1) This device maynot cause harmful interference, and (2) this device must accept any interference received, including interference thatmay cause undesired operation. The radio transmitters used for controlling

### the 

### UAS is wireless technology 

### which has beentested and found to be compliantwiththe applicable regulations governing a radio transmitters inthe 

### 2.400GHz to 

### 2.4835GHz frequency range. Antenna Separation Distance When operating ourtransmitters, the PIC 

### will maintain a separation distance ofat least 

### 5 em betweenhis body (excluding fmgers, hands, wrists, ankles and feet) and the antennato meetRF Exposure safetyrequirements as determined by FCCregulations. 

### ! Pilot in Command and Observer Qualifications and Duties The PIC 

### will maintain at least a SportPilot Certificate 

### and a current Class III medical certificate
or driver's license, plus at least 6 hours flying time and 3 takeoffs and landings withinthe previous 30 days inthe type ofUAS utilized in operations. The PIC will have at least 20 hours total time arid at least 10hours flying Radio Controlled Model Aircraft ofwhichwill be 50 hours flying 

### the UAS.

. . , Training will be conducted at a local ControlledAccess flying field. Sky Logic Aerial

· Photography, Inc. hasthe ability to safely 

### train new

### UAS Pilots. The PIC instructor

### will be at all

times able assume control ofthe UAS.
The PIC is responsible for the safe and efficient operation ofthe aircraft. Specific duties include all preflightpreparation, inflight operation, post flight requirements, all procedures including but notlimitedto: Safe inflight operations Risk Mitigationto Persons andproperty Airfield Suitability
The Observer musthave the visual acuity to observethe UA V and be able to communicate clearly with:the PIC. The Observers duties are;
. Warning the PIGof

### any impending obstacles 

### in the flRght path ofthe UAS

..

3warning the piC ofany deviations inthe planned flight path ofthe sUAS. warning the PIC should any unauthorized persoMel appear in the area ofthe 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 ofsight ofapilot 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 ahazard to users ofthe national airspace system or the public."

A Before an operation ofa sUAV within 

### SNM ofan airport with a control tower, the control tower will 

### be called to gainpennissionto 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 ofa sUAS within 

### SNM ofa non-tower**controlled~** airport operators will be notified and the PIC will give the right ofway to avoid flying inthe proximity offull-scale aircraft. At no time will the sUAS be O}'Q"8ted withinthe fmal approach course andthe takeoff
course ofany runway. The sUAS will notbe operated at an altitude ofover 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 ofno more than 400 feetAGL.

• Minimum crew for each operation will consist ofthe 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). I
• The sUAV 

### will operate at speeds ofno more than 40 knots, canhover, and can simultaneously
move vertically and horizontally.

• Given the small size ofthe sUAV and the restricted sterile environment within which they will· operate, our sUAV operations adhere to the Reform Act's safety requirements.

I The UAS, p6wered bybatteries, 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

4thereby**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 ofonly 20 minutes, this! is offers little orno risk to national security. ·
Low leveloblique photos and video from several angles are far more effective than ground based imagery for displaying the characteristiqs oflarge, complex properties with several buildings and large trees. The applicants inthe pasthave 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 ofreduced cost 

### and improved quality ofpresentation from the 

### U Awill be valuable to and benefitr.O.any buyers and sellers ofreal 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 ofairspace at no more than 400 ft AGL, at 

### an airspeed

# ifno more than 40 knots and no further than Visual line ofsight from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate byvoice 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 ofthe sUA System:
14 CFRPart21, Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Inspire 1both ofthe following provisions: 

### 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a)**Researc~** anddevelopment Testing new aircraft design concepts, new aircraft equipment, new aircraft**~nstallations,** new aircraft operating techniques, or new uses for aircraft. (b) Showinicompliance 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

5changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market sunj'eys, sales**demonstrations~** and customer crewtraining, we would expect that an experimenttu certificate would permit our commercial purpose as well. The aircraft will not carry persons or**~roperty,** will not carryfuel, and

# :-vill only fly under strict operational requirements. Combined 

### with 

### the UA',s light weight, being constructed primarily ofcarbon 

### fiber and**plastic~** 

### we
. propose that the UA will be at least as safe, ifnot safer, than a conventionally certificated 

### aircraftperformingthe 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 inthe previous paragraph.

14 CFR45.23 Display ofmarks; general and 45.29 Size of

### marks. These regulations provide that each 

### aircraftmust display 11

### N" and the aircraft's registration number inletters at least 3 inches high.**Additionally~** the aircraft must display the word "EXPERHv:tENTAL•• 

### 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 anequivalent level ofsafety by including the word ·"EXPERIMENTAL" in the placard
on the top ofthe aircraft, as shown above, where the PIC (Pilot In**Control)~** VO (Visual Observer) and others in the vicinity of

### the aircraft

### while itis preparing for launch will be able to see the designation. Additionally, we feel that the pennanentplacard discussed inthe 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 3inches high or greater. Since the aircraft will operate 

### Within Line ofSight ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin.

14 CFR 61.113 Private pilotp:dvileges and limitations: Pilot in Command and 61.133

. Commercial pilot privileges and limitations. The regulation provides that no personthat holds a Private Pilot certificate may act as pilot in Command ofan aircraft for compensation orhire. Subparagraph (b) allows a private pilotto act as pilot 

### in command ofan aircraft inconnection 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 orproperty for compensation or hire. Ourproposed 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 ofthis applicationis to conduct abusiness.
14 CFR91.7 Prohibits the Operation ofan 

### aircraft without an airworthiness certificate. As no such certificate will be applicable in the fonn contemplated by the F ARs, this Regulation is inapplicable. !

6I 14 CFR**91.~** Civil aircraft flight manual, marking, andplacard 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 ofthis 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 onlytoo small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain 

### an

·**equiv~e:t;lt** level ofsafety and meet the intent of91.9, wepropose 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 CFR9l.i09 FlightInstruction; Simulated instrument flight and certain flight tests The regulation states that '1No personmay 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 ofthe sUAV.
91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photography or survey ofpersons, vessels, vehicles or structures it would be necessary to operate closerthan 500 feet to the items listed. Operations will only be flown over property orpersons 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, ifapower unit fails, 

### an emergency landing without Wldue hazard to persons or property on the surface. Therefore we maintainthat due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.



### CFR91.121 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 orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoffpoint is t:rarismitted viaradio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout.
14 CFR91.151 Fuel requirements 

### for flight inVFR conditions. The regulation provides thatno person may begin a flight in an airplane under day-vFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum duration oftp.ght from a single battery charge is 20 minutes with a 25% reserve. Since the aircraft will hever fly more than line ofsight from the point ofintended landing, a full battery charge at lalinch will ensure that we meet the reserve energyrequirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word

7"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 thatthe airworthiness certificate be "displayed at the cabin or cockpit entrance so that itis legible to passengers 

### or crew." At a 

### maximum gross weight of6.1 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 ofsafety 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 viaplacard containing the following information :plus 

### the word "EXPERIMENTAL" to satisfy the requirement 

### of 14 CFR 45.23. ! 14 CFR91.205(a), (b), (c)' Instrument and·Equipment

### Requirements This regulation provides a minimwn set ofinstruments and equipment required for day and night VFRflight. Due to the small size ofthe sUAS itwould be impossible to carry many ofthese 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 handheld controller. 91.205(b) l**~s** not applicable as the 

### maximwn available speed ofthe 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 gearposition 

### 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 ofthis equipment 

### is too heavy to be carried by the sUAS. We feel that visual contact with the sUAS and indications provided viathe controllerthat all critical information can be monitored.

14 CFRSubpartE (91.401- 91.417)- Maintenance, PreventiveMaintenance, Alterations Theregulation 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 serviceby a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perfonnmaintenance and inspection:ofthe aircraft and 11be authorized to approve the aircraft for returnto 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 offlight. 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 perfonnedby the manufacturer ortheir designatedrepair facility. We feel that due to the**size~** construction; and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.

Safety and Benefits ofthe UAS

8I 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 offermyriadbenefits over the use offull-sized manned aircraft for**el~ctric** 

### power line**~~~** . ! oil/gas pipeline**inspection~** advanced agriculture, 

### film and still photography,justto 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 ofsafety for the pilots and crew. By granting SkyLogic Aerial Photography, Inc. it'srequested exemptions, the FAA will help drive development ofsafe and successful commercial UAS operations and will advance the public knowledge base for such operations. SkyLogic Aerial Photography, Inc. is committed to promoting the UAS research efforts ofpolicymakers including the FAA,**NASA~** 

### DOD and 

### DARPA by sharing datafrom 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 authorizationby the US DOT-FAA, are small, light-weight devices operated

### Within the line of sight ofthe 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 airtraffic control authorities (ATC) have beennotified and have authorized each flight 

### within a radius ofthis 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 inthe 

### USA. We are.certainthatthe 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 ofSUAs such as ours.
For the foregoing reasons, the exemptions requested herein should be granted SkyLogic Aerial Photography, Inc. should be permittedto conduct small UAS operations in accordance with its rn?Ouals and 

### all 

### other operating

### parameters deemed necessary and appropriate by the 

### FAA. The submission ofthis application and its contents is the best demonstration that indeed itis possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonably safe conditions. Ifany individual aspect ofthis request for exemption be unacceptable we askthat

### 1tbe struck alone and the remainder ofthe exemption be allowed as requested.

Steven J. Bennett Pres. SkyLogic Aerial**Photography~** Inc.

9