SkyPix LLC Petition for Exemption - Section 333

Title 14 CFR 111.81 (FAA)

August 26,2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington D.C. 20590

Electronically submitted via regulations.gov from:

SkyPix

3 Chipman Heights, Middlebury VT 05753

klemwav@omail.com

802-989-6081

www.skvoixvt.com

SkyPix is requesting a petition for exemption (Section 333) to fly small UAS for the

purpose of infrastructure inspection work such as solar farms, wind turbines and

construction projects as well as real estate and other aerial photography/videography.

SkyPix is focusing on supporting energy and infrastructure since this is a critical part of

our nation's economic success. Using UAS, we can help contractors and managers

inspect aging infrastructure at reduced risk while providing a new level of information

not previously accessible. Flying UAS also produces considerably less noise and air

pollution than alternative means of inspection currently available. We are seeking

exemption from several CFRs noted below that remain burdensome to SkyPix doing

business and growing. We will provide supporting documentation that SkyPix can

provide a level of safety greater than or equal to the rules from which we are seeking

exemption. This request is in the public interest, our interest and the interest of our

local communities here in rural Vermont and New England. We have completed due

diligence and have noticed profound positive impacts related to safety, economics and

information quality.

Aircraft:

SkyPix is currently in the process of registering (1) DJI Phantom 3 Advanced UAS

The specific sections of Title 14 of the Code of Federal Regulations from which SkyPix

requests exemption:

14CFR:Part21 SubpartH; 61.113(a)&(b); 91.121;91.151;91.405(a); 91.407(a)(1);

s1 .4oe(aXl ) and (2); 9t.417(a)&(b).

For each CFR I have created a response addressing:

1) Rule is burdensome to SkyPix
2) SkyPix can provide a level of safety greater than or equal to the rule from which we

are seeking exemption.

3) This request is in the public interest (SkyPix, public and community)

RE: Exemptlon Request Sectlon 333 of FAA Retorm Act of FARs and 14 CFR

Part 11.

14 CFR 21 H - Aimorthrness Certificates sets forth requirements for procurement of

necessary airworthiness certificates in relation to FAR $ 91.203(a)(1). The size, weight

and operational area of my UAS permits exemption from Part 21 because my UAS

meets, and exceeds, an equivalent level of safety pursuant to Section 333 of the

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate

requirement under both the Act (49 U.S.C. S 44701 (f)) and Section 333 of the Reform

Act. Both pieces of legislation permit the FAA to exempt UAS from the airworthiness

certificate requirement in consideration of the weight, size, speed, maneuverability and

proximity to areas such as airports and dense populations.

SkyPix UAS meets or exceeds each of the elements. Subpart H establishes the

procedural requirements for the issuance of airworthiness certificates as required by

FAR 91.203(a)(1). Given the size and limited operating area associated with the aircraft

to be utilized by SkyPix, an exemption from Part2l Subpart H meets the requirements

of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The

FederalAviation Act (49 USC S 44701 (f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness

certificate upon consideration of the size, weight, speed, operational capability and

proximity to airports and populated areas of the particular SUAS. ln all cases, an

analysis of these criteria demonstrates that the SUAS operated without an airworthiness

certificate in the restricted environment, and under the conditions proposed, will be at

least as safe or safer than a conventional aircraft operating with an airworthiness

certificate without the restrictions and conditions proposed.

61.113 (a)(b) - Private Pilot Privileges and Limits

These regulations limit private pilots to non-commercial operations. Because the SUAS

will not carry a pilot or passengers due to the SUAS's size, weight, speed and

operational capabilities; and since operations will occur in tightly controlled and limited

airspace, the proposed operations can achieve the equivalent levelof safety of current

operations that currently require a commercial pilot license while still benefitting the

public good.

91.121 regarding altimeter settlngs is inapplicable insofar as our UAS utilizes

electronic global positioning systems with a barometric sensor. 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 SUAS may not have a barometric

altimeter, but instead a GPS altitude readout, an exemption may be needed. An
equivalent level of safety will be achieved by the operator by confirming the altitude of

the launch site shown on the GPS altitude indicator before flight.

91.151(a) prescribes that no person may begin a flight in an airplane under visual flight

rules (VFR) conditions unless (considering wind and forecast weather conditions) there

is enough fuelto 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.

(2) At night, to fly after that for at least 45 minutes.

This regulation 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 Ianding, and assuming normal cruising speed, fly

thereafter for 30 minutes during the day and 45 minutes during night operations. The

battery powering the SUAS provides only 25 minutes of powered flight, making it

impossible to meet the requirements of a 30 or 45 minute reserve.

Given the limitations of the SUAS's flight area and the location of its operations within a

predetermined area, a longer time frame for flight in daylight VFR conditions is

reasonable. An equivalent level of safety can be achieved by limiting flights to 25

minutes or 25/o of battery power (whichever occurs first). This restriction would be

more than adequate to return the SUAS to its planned landing zone from anywhere in

its limited operating area.

Mai ntenance I nspections

91 .405(a) requires, in pertinent part, that an aircraft operator or owner shall have that

aircraft inspected as prescribed in Subpart E of the same part and shall, between

required inspections, except as provided in paragraph (c) of the same section, have

discrepancies repaired as prescribed in Part 43 of the chapter.

91.407(a)(7/ prohibits, in pertinent part, any person from operating an aircraft that has

undergone maintenance, preventative maintenance, rebuilding or alteration unless it

has been approved for return to seruice by a person authorized under 543.7 of the

same chapter.

91.409(a)(1) and (2) prescribes that no person may operate any aircraft unless, within

the preceding 12 calendar months, it has had an inspection for the issuance of an

airworthiness certificate in accordance with Part21 of this chapter.

91.417(a)(b) The above cited regulations require, among other things, aircraft owners

and operators to "have [the] 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...." These

regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to SkyPix UAS. However, as a safety precaution, SkyPix operators will
inspect all UAS before and after each flight in accordance with the DJI Phantom 3 user

manual. All maintenance required will be performed by SkyPix authorized operators in

accordance with DJI Phantom 3 operator's manuals. ln addition, proper preflight and

post flight inspections will be performed on a regular basis anytime the UAS is used. lf

mechanical issues arise, the UAS can be safely landed immediately and will be

operated at or below 400'AGL. Given that the operator is the person most familiar with

the aircraft and best suited to maintain the aircraft in an airworthy condition provides the

equivalent level of safety.

UAS Equipment

SkyPix will utilize a DJI Phantom 3 Advanced UAS. SkyPix PIC will operate the UAS in

a safe manner fully aware of the NAS, minimizing risk in the air and on the ground.

With full VLOS and redundant systems on board, as well as GPS/GLONASS, the UAS

will be carefully flown to inspect infrastructure and energy installations, conduct real

estate photography and videography, GIS and construction sites. SkyPix shall officially

register the UAS with the FAA before any flights commence.

The DJI Phantom 3 is less than 50 pounds and flies under 30 MPH at an altitude below

400'AGL. Flights will be terminated and the UAS returned to starting point if battery

power falls below 25%. The UAS is equipped with a return home feature that is also

automatically activated in the event of a malfunction.

Procedures

PreflighVpost flight checklists will be followed IAW the UAS user manual and SkyPix

operating procedures. Maintenance repairs and battery usage will be logged IAW the

UAS user manual and SkyPix operating procedures.

Radlo Frequencies

2.400GH2-2.483GH2 radio frequencies will be used to communicate and provide video

feeds from the UAS to a ground station. Allfrequencies and usage will comply with

existing FCC regulations.

Pilot in Command (PlC) and Visual Observer (VO)

SkyPix founder and CEO, Thomas KIemmer, will be the PIC of all UAS operated by

SkyPix. Thomas Klemmer is currently employed full time as a Captain for NetJets, lnc.

Captain Klemmer holds an ATP (certificate #13306176) with five type ratings, and is

currently assigned as a captain on the Gulfstream G-lV SP. Captain Klemmer has

logged over 11,000 hours, holds a First Class Medical certificate and FCC Radio

Telephone Operators Permit. He attends aircratt recurrent every six months at

FlightSafety lnternational (FSl) in Savannah, GA.
All Visual Observers (VO) for SkyPix will understand the basic UAS operational

characteristics, safety protocols and have site specific knowledge to conduct successful

missions with an emphasis on safety. VOs will be responsible for assisting the PIC by

providing visual guidance regarding any hazards to safety, obstacles, people or

property. Constant radio communication will be maintained between the PIC and VO.

Operation of UAS I Prlvacy / Public Safety

SkyPix is seeking to work with customers in the construction, energy and real estate

market primarily in the state of Vermont to staft. Our goal is to provide aerial inspection

of solar farms, wind farms, construction sites, mining operations, GIS, agriculture and

real estate photography and videography. Our state's infrastructure requires constant

maintenance and inspection, especially as new forms of energy are developed and

implemented. SkyPix feels that incorporating the use of UAS will greatly complement

existing technologies and equipment being used today, while simultaneously adding a

higher level of safety and a much smaller carbon footprint as compared to other

inspection systems currently in use. ln addition, our customers will benefit from

considerable cost savings using a UAS in place of other more expensive inspection

systems.

SkyPix will conduct its operations in VMC during daylight hours outside of Class B

airspace and a minimum of 5 miles from Class C/D airports unless approved in the

COA. ln addition, flight altitudes will be at or below 400'AGL, and all operations will be

conducted via line of sight (LOS). ln addition, any required NOTAMS will be completed

48 hours prior to flight.

All potential hazards to be avoided will be clearly outlined and identified during preflight

safety briefings. See and avoid rules using LOS and VOs will be employed to minimize

any impact to the NAS. Further, permissions will be obtained prior to operating over

private andlor public spaces.

COA will be secured before any flights in accordance with the latest FAA guidance. All

aspects of a flight including, but not limited to, NOTAMS, TFRs, weather and airspace

will be considered as part of the preflight safety briefing.

ln Closing:

- SkyPix will conduct all operations with an emphasis on safety first and foremost

" Allflights will be preceded by a thorough preflight safety briefing

. All operations will avoid populated / congested areas * Proper notifications will be made in advance to local / legal authorities

" SkyPix willfile any necessary NOTAMS as required by the FAA * Checklists will be developed and used by all SkyPix pilots

SkyPix anticipates that most of the areas being filmed / inspected will be on private

property. Written consent will be obtained by the property owner or his/her
representative prior to conducting aerial operations. ln addition, the flight area shall be

kept clear of all people except SkyPix personnel. As such, approval of this petition

presents no risk to the public privacy.

Reference to similar petltions:

Planet lnhouse, lnc. -- Exemption #12593, Docket #FAA-2015-2412 August 25,2015

lmage Effects -- Exemption #12583, Docket #FAA-2015-2018 August 25,2015

AirShark LLC -- Exemption #11651 , Docket #FAA-2015-0664 May 21 , 2015

Suppofiing Documents:

* Phantom 3 Advanced User Manual

* Phantom 3 Safety Guidelines

" Phantom Training Guide

" AMA Safety Code

SkyPix would like to thank you for your consideration while processing our petition for

exemption. We will gladly modify or amend our petition as necessary to illustrate our

commitment to achieving an equivalent level of safety. Please feel free to contact our

office if further information or clarification is required.

Thomas Klemmer

Founder and CEO, SkyPix LLC

3 Chipman Heights

Middlebury VT 05753

802-989-6081

klemway@gmail.com

Respectfully,