March	15,	2016

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)(1);	91.405(a);	

91.407(a)(1);	91.409(a)(1)	and	(2);	91.417(a)	&	(b).	

PETITION	FOR	SUMMARY	EXEMPTION

To	Whom	It	May	Concern:	

Pursuant	to	Section	333	of the	FAA	Modernization	and	Reform	Act	of 2012	(the	Reform	

Act)	and	14	C.F.R.	Part	11,	Sky	Bandit	Pictures,	LLC (Petitioner),	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.	Petitioner is	eligible	for	a	

summary	exemption	for	aerial	data	collection	and	closed	set/scripted	filming;	please	

reference	exemptions	#11440	and	#11482.	

QUICK REFERENCE	SUMMARY

Type of UA	to	be	flown:	Rotary-Wing	(Electric	Multi-Rotor)	

Models:	DJI	Inspire	One	(6.5	lbs),	DJI	Phantom	2	(2.8	lbs)

UA	Operations	will	be	for	Aerial	Data	Collection	&	Closed	Set/Scripted	Filming:	Surveying,	

Inspections,	Aerial	Cinematography.

Petitioner	will	operate	under	the	restrictions	listed	below	and	those	in	the	confidentially	

submitted	operating	manuals	and	MPTOM.	

Petitioner	agrees	to	all	restrictions	in	Exemption#	11784	listed	below.	

SKY	BANDIT	PICTURES,	LLC	REQUESTS	THAT	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?	

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,	Petitioner has	good	cause	to	request	the	FAA	to	

waive	the	comment	period	and	not	delay	action	on	the	petition	because:	

(a)	Petitioner would	not	set	any	precedent.	Petitioner 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	

Petitioner. The	public,	as	well	as	the	FAA,	would	be	better	served	by	theFAA	quickly	

granting	this	petition	and	thereby	freeing	up	limited	FAA	resources	and	allowing	FAA	

inspectors	to	dedicate	their	time	and	attention	to	higher	priorities.	Moreover,	Petitioner 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	powered aircraft	

carrying	large	amounts	of Jet	A	or	100LL fuel.	Not	only	are	these	alternative operations	

dangerous	at	location,	the	aircraft	must	fly	to	the	location	and	back	to	the	home	airport.	

The	UA	weighs less	than	55	lbs.	and	is	powered	by	batteries.	This eliminates	most	of the	

risk	because	no	highly	flammable	fuel	is 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	significantly 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:	

Sky	Bandit	Pictures,	LLC

Attn:	Dan	Coplan

Email:	fly@skybanditpictures.com

Address:	5767	Saint	Clair	Ave,	Valley	Village,	CA	91607
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)(1)

14	C.F.R.	§	91.405(a)

14	C.F.R.	§	91.407(a)(1)

14	C.F.R.	§	91.409(a)(1)	&	(2)

14	C.F.R.	§	91.417(a)	&	(b)	

OPERATING	DOCUMENTS

Petitioner will operate	only	within	the	limitations	below	and	the	limitations	listed	in	the	

confidentially	submitted	operating	manuals	and	MPTOM.	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.	§	44701(f).	See	also	49	U.S.C.	§	44711(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	of 2012.	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).
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	UAS,	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.	Petitioner 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	DJI	Inspire	One and	

DJI	Phantom	2;	both	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	

permitted	as	specified	in	the	MPTOM.	

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.	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	Columbia,	

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	experiencebuilding)	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,	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:

(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.	

Petitioner’s UA	are	rotorcraft,	weighing	less than	55	lbs. including	payload.	They	operate,	

under	normal	conditions	at	a	speed	of no	more	than	50	knots	and	they	have	the	capability	

to	hover,	and	move	in	the	vertical	and	horizontal	plane	simultaneously.	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	55lbs.	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	

may be	used	in	lieu	of	a medical	certificate	in	providing	an	equivalent	level	of	safety.

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,	Petitioner 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	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	UA,	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	manual.	Furthermore,	many	other	petitions	have	been	granted	

allowing	GPS	to	be	used	in	lieu	of an	altimeter	setting.

14	C.F.R.	§	91.151(a):	Fuel	Requirements	for	Flight	in	VFR	Conditions

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	and	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	manual	that	will	

provide	an	equivalent	level	o	f	safety	as	the	burdensome	regulations.	
CONCLUSION

The	operation	of Petitioner’s small	UAS,	weighing	less	than	55lbs.,	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.	

Respectfully	yours,

Dan	Coplan

Sky	Bandit	Pictures,	LLC