110 Southeast Sixth Street • Fifteenth Floor • Fort Lauderdale, Florida 33301 Tel 954.525.7500 • Fax 954.761.8475 • www.trippscott.com

Fort Lauderdale • Boca Raton • Tallahassee Ian J. Lis, Esq.

Direct Dial: 954.765.2902 Email: ijl@trippscott.com

March 26 , 2015

Electronically Submitted

U. S . Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Sky Scape Industries

, LLC

- Pe tition for Exemption to Operate

Unmanned Ai rcraft Systems Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112

- 95 (2012) (“Section 333”) and the general exemption authority of the Federal Aviation Administration (“FAA”) under 49 U.S.C. § 44701(f), and through the undersigned co unsel, Sky Scape Industries, LLC (“Petitioner”) hereby petitions for exemptions from Federal Aviation Regulations (“FARs”) 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a ) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

The contact information of Petitioner is Sky Scape Industries, LLC Attn: Nathan A. Ernst, President

205 Route 47 South Cape May Court House, New Jersey 08210 Phone: (609) 675

- 8369

Email: nernst@skyscapeinds.com

Petition Summary

Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should it be determined publication is needed:

Petitioner requests an exemption that wou ld allow the commercial operation of small, unmanned aircraft systems (“UAS”) weighing 55 pounds or less equipped for the purpose of creating real estate, yacht, resort, and event marketing photo and video media ; conducting survey

- grade construction mapping and monitoring ; and performing search and rescue operations in conjunction with law enforcement personnel. Petitioner’s UAS pilot in command (“PIC”) holds a private pilot ’s license, a commercial pilot ’s license and a second class medical certificate. TheMarch 2 6 , 2015

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www.trippscott.com requested exemption should be granted because operation of the proposed small UAS pursuant to the strict conditions outlined below will provide an equivalent level of safety as Congress

intended. Petitioner will operate the following UAS: DJI Phantom, DJI Phantom 2 Vision+, DJI Inspire, DJI S900, DJI S1000. Petitioner’s lightweight UAS are far safer than conventional flight operations containing flight crew and passengers. Petitioner’s UAS are small and will oper ate at slow speeds, close to the ground, far from airports in low

- risk, low

- population environments. They will operate only in line of sight within a restricted environment. In addition, the PIC’s substantial experience favors granting of the exemption. Pe titioner’s UAS will carry no passengers, have enhanced safety measures, and operate under the specific guidelines and specifications outlined herein. Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption without delay

.

The Petitioner requests exemption from the following rules : 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

Petitioner’s UAS

The requested exemption will per mit the operation of five small unmanned rotorcraft: the DJI Phantom, the DJI Phantom 2 Vision+, the DJI Inspire, the DJI S900, and the DJI S1000. Each UAS is equipped with either the A2 Flight Controller or the NAZA

- M Flight Controller computer system. All UAS provide the following functions: three (3) redundant modes of autopilot, enhanced fail safe (return

- to

- home) technology, low voltage protecti on, S

- Bus receiver support, PPM receiver support, and 2

- axle Gimbal support. Petitioner’s UAS use a radio frequency spectrum for operation and control that complies with the Federal Communications Commission (“FCC”) requirements. The FAA has recently grant ed Section 333 exemptions for several DJI UAS, including the DJI Phantom 2 Vision +. See, e.g.

, Grants of Exemption 11138, 11195, and 11191. For additional information, p lease refer to the manuals for each of the aforementioned UAS and Flight Controller sy stems attached hereto as exhibits.

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 CFR P art 47, and have identification (N

- Number) markings in accordance with 14 CFR P art 45, Subpart C. Markings will be as large as practicable in accordance with § 45.29(f).

Flight Conditions and Operations

The UAS will be flown in airspace under 400 feet above ground level and under controlled

conditions. At least 85% of Petitioner’s UAS operations will occur below 150 feet above ground level. If Petitioner intends to operate within five (5) miles of any active landing strip or airport, Petitioner will follow proper FAA procedure, notifying the FAA in advance of operation and when operation is complete.

Petitioner’s pilot in com mand (“PIC”) holds a private pilot ’s license, commercial pilot ’s license,

and a FAA second class medical certificat ion

. The PIC will always make a safety assessment of the risk of every operation and will only operate UAS when the PIC determines no undue

h azards exist. The PIC will operate all UAS with instruments of first

- person

- view of the UASMarch 2 6 , 2015

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www.trippscott.com and maintain constant GPS communication and flight telemetry data. A minimum of one (1) visual observer will be required to be in line of sight of the UAS at all ti mes to further watch for

intrusions into the area from individuals and other aircraft. All visual observers have experience flying radio

- controlled aircraft. The PIC and visual observer will be in constant communication through at least one (1) of the foll owing methods: cellular phone communication (constant open call during flight); two

- way radio communication; or verbal communication. No UAS flight will

exceed line

- of

- sight distance of the PIC and visual observer at any time.

All UAS will be flown on pr ivate property with the consent of the landowner. Petitioner will protect the privacy of all involved and non

- involved parties present during the use of the UAS. Petitioner will obtain consent and permission from any party filmed or photographed and will n ot film or photograph any party that has not provided consent. The visual observer will be on the lookout for any trespassers so all operations can be quickly stopped if an unauthorized person comes within range of the UAS.

For each UAS use, flights will be logged in a traditional pilot log

- book. Records from each UAS use are further documented through an electronic invoice/billing system that records the date of each UAS flig ht and associated payments. Petitioner will follow the procedures for start

- up s et forth in the manual for each UAS. Additionally, Petitioner will perform a site inspection before each flight to determine additional measures that may be necessary to safely operate the UAS. Petitioner will further perform a pre

- flight communications ch eck to make sure the PIC, visual observer, and UAS can remain in contact.

Public Interest

One of Petitioner’s proposed uses of the UAS under this application is for search

- and

- rescue missions (“SAR”). Petitioner will contract with law enforcement personnel for UAS SAR. The UAS used in SAR operations may be equipped with additional UAS SAR techn ology including

heat

- scanning or infrared and night

- vision camera systems. SAR missions can be extremely costly for law enforcement with traditional fixed

- wing aircraft and helicopters. With Petitioner’s UAS, small highly maneuverable unmanned UAS will aid and support search efforts for a fraction of the cost, risk, and resources. The UAS SAR could also be used to “drop in” supplies

, including a radio, GPS locator, medical supplies or water, to a stranded victim in an otherwise

unreachable location before r escue crews are able to safely extract the victim. Petitioner’s use of UAS in SAR operations is a valuable asset to public safety.

Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption requested herein apply to UAS that have the characteristics and that operate within the limitations outlined herein. These limitations provide for at least an equivalent or greater level of safety to operate under the current regulations.

Petitioner agrees to the following limitations and conditions with conducting its commercial UAS operations under an FAA exemption:

1. All UAS will weigh no more than 55 pounds.

2. All UAS will be operated within line of sight of the PIC and visual observer.March 2 6 , 2015

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www.trippscott.com 3. Th e maximum total flight time for each UAS flight will conclude upon the earlier of thirty (30) minutes or until 25% of UAS battery remains.

4. The UAS will be operated at an altitude of no more than 400 feet above ground level.

5. The PIC will hold a pilot ’s license and second class medical certification.

6. The minimum crew for each UAS flight will be the PIC and one visual observer.

7. The crew for each operation will at all times be able to communicate by voice or through

radio or cellular devices.

8. Written or oral permission will be obtained from the landowners or their authorized agents of the land over which all flights will occur.

9. All necessary permissions and permits will be obtained from all appropriate local governmental agencies.

10. All UAS will have the capability to abort a flight in case of unexpected obstacles or emergencies.

11. All UAS will be equipped with enhanced failsafe (return

- to

- home) technology.

12. No UAS operations will present any national security issue.

13. Petitioner will obtain an Air Traffic Or ganization issued Certificate of Waiver or Authorization (“COA”) prior to conducting any operations under this grant of exemption. In fulfilling the requirements of the COA, Petitioner will be required to request a Notice to Airmen (“NOTAM”) not more than 72 hours in advance, but not less than 48 hours prior to operation.

Satisfaction of Section 333’s criteria (size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within line of sight and national security) prov ide an adequate justification for the grant of the exemptions requested herein allowing Petitioner’s commercial operation of UAS for the purpose of creating real estate, yacht, resort, and event marketing photo and video media; conducting survey

- grade cons truction mapping and monitoring; and performing search and rescue operations in conjunction with law enforcement personnel

.

Statutory Authority for Exemption

Section 333, in reference to 49 U.S.C. § 44704, provides a mechanism for expedited operational

a uthorization for the use of safe civil UAS operations in the National Airspace System (“NAS”). Specifically, Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion” of final rulemaking. If the Secretary of Transportation determines that certain UAS “may operate safely in the national airspace system, the Secretary s hall establish requirements for the safe operation of such aircraft in the national airspace system. § 333(c). The FAA Administrator also has the general authority to grant a n exemption if the Administrator finds the exemption to be in the public interest. 49 U.S.C. § 44701(f). The Federal Aviation Act (the “Act”) expressly grants the FAA the authority to issue exemptions for exempt civil aircraft, as defined by § 40101 of the Act, which includes an exemption for small UAS from the requirement that all civi l aircraft have

a current airworthiness certificate.

Requested ExemptionsMarch 2 6 , 2015

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www.trippscott.com Petitioner respectfully requests relief from the following regulations:

14 C.F.R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals.

The Act and Section 333 both authorize the FAA to exempt aircraft from t he requirement of an airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. It is clear that Petitioner’s UAS may be operated without an airworth iness certificate, in the restricted environment and under the conditions proposed in a manner as safe or safer than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

The small UAS to be operated hereunder (i) are less than 55 pounds fully loaded, (ii) carry neither pilot nor passengers; (iii) carry no explosive materials or f lammable liquid fuels; and (iv) operate exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and in compliance with local public safety requirements. The FAA will have advance notice of all operations. Application of these criteria demonstrate there is no credible threat to national security posed by the UAS based on its size, speed and location of operation, lack of explosive materials, and inability to carry a substantial external load.

61.113(a) and (b) prescribe s that “no person who holds a private pilot certif icate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft,” and that “a private pilot may, for compensation or hire, 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.”

61.133(a ) sets forth privileges for persons holding commercial pilot certificates, including a provision that limits the ability to act as PIC of an aircraft for compensation or hire to persons holding a commercial pilot certificate

.

Petitioner’s UAS operations will be limited to restricted conditions and a controlled

environment

. The PIC will hold both his private and commercial pilot’s license, giving him extensive knowledge based on his experience and the exams and courses required to obtain his pilot’s licenses. Additionally, while the UAS will be operated in connection with Petitioner’s business, no passengers or cargo will be transported. Petitioner believes these factors warrant

relief from 61. 113 (a) and (b) and 61.133(a)

.

91.7(a) pres cribes that no person may operate a civil aircraft unless it is in an airworthy

condition.March 2 6 , 2015

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www.trippscott.com As there will be no airworthiness certificate issued for the UAS should this exemption be granted, no standard will exist for determining airworthiness. Petitioner will keep all UAS maintenance and safety information at the pre

- determined ground station, where it will be readily accessible to the PIC and visual observer. Based on the documents available at the ground station, the PIC will be able to make a determina tion as to the airworthiness of the UAS.

91.9(b)(2) prohibits the operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placa rds, or any combination thereof.

Based on the FAA’s Memorandum dated August 8, 2014, Petitioner does not believe exemption from 91.9(b) or 91.203(a) and (b) is necessary. However, to the extent the FAA deems an exemption from these sections necessary for Petitioner’s proposed operations, such exemptions should be granted . Petitioner’s UAS are too small to safely carry the required manuals and placards. Additionally, as the UAS are unmanned, the manuals and other required information is

more useful to the PIC at ground control.

91.103(b)(1) prescribes, in pertinent part, that each PIC shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— (a) For a flight under instrument flight rules (IFR) or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the PIC has been advised by air traffic control (ATC); (b) For any flight, ru nway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required,

the takeoff an d landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Petitioner will comply with all applicable requirements of 91.103(a) and (b) and requests relief from 91.103(b)(1). The PIC will review weather, flight and battery requirements, UAS performance data, and appropriate landing and takeoff distances before each flight. Any risks presented will be mitigated by the PIC’s ability to see all nearby air traffic and activate the UAS

return

- to

- home procedures if necessary.

91.119(c) prescribes that, “ [e] xcept when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

. . . (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely popu lated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle,

or structure. ”

Due the nature of Petitioner’s UAS activities filming and photographing, Petitioner requests relief from 91.119(c) with respe ct to participating persons , vehicles, and structures directly involved in Petitioner’s operations. Each UAS manual sets forth safety factors that will be usedMarch 2 6 , 2015

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www.trippscott.com to ensure safe operation when in proximity to consenting participants. Petitioner will ensure th at no UAS are operating within 500 feet of non

- participating person s

.

91.121 requires, in pertinent part, 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.”

Petitioner will not have a typical barometric altimeter on board the UAS. Instead, altitude information is provided to the UAS PIC through a digitally encoded telemetric data feed, which

dow nlinks from the aircraft to an on

- screen display on the ground. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the PIC.

91.151 prescribes, in pertinent part, that “ (a) No person may begin 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 min utes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of

intended lan ding and, assuming normal cruising speed, to fly after that for at least 20 minutes. ”

91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is running

low

. Petitioner will operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery remains. All UAS are additionally equipped with a low battery failsafe that allow the UAS to safely land when little battery remains . The UAS are not propelled by fuel and will operate only within the safety const raints of the UAS battery life.

91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has

within it “ (1) an appropriate and cu rrent airworthiness certificate [. . . and ] (2) an effective U.S. registration certificat e issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in § 47.31(c). ”

91.203(b) prescribes, in pertinent part, that “ no person may operate a civil aircraft unless the

ai rworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. ”

91.405(a) requires, in pertinent part, that an aircraft operator or owner shall hav e 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 P art 43 of the chapter.

91.407(a)(1) presc ribes that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.March 2 6 , 2015

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www.trippscott.com 91.409(a)(2) prescri bes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 months, it has had an inspection for the issuance of an airworthiness certificate

in accordance with P art 21 of the same chapter.

91.417(a) and (b) prescribes, in pertinent part, that e ach registered owner or operator “ keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual,

pr ogressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The

records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items

installed on the aircraft that are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances ar e maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring acti on, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall

retain t he following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 shall be retained until the defects are repaired and the aircraft is approved for return to service.”

Petitioner will comply with safety and maintenance procedures included in all UAS manufacturer’s instructions and operating manuals. If necessary, Petitioner will develop and document additional maintenance pro tocols to ensure the highest level of safety. Therefore, Petitioner’s exemption from 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

is warranted.

Conclusion

This Petition for Exemption demonstrates the appropriate safeguards and cr iteria that Congress articulated in Section 333 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security concerns. The proposed UAS operations will benefit the public as a whole by reducing human exposure to the risks associated with manned aircraft performing the activities. The public will also benefit from Petitioner’s search and rescue operations. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification to allow commercial operation of

Petitioner’s small UASs for the purpose of creating real estate, yacht, resort, and event marketingMarch 2 6 , 2015

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www.trippscott.com photo and video media; conducting survey

- grade construction mapping and monitoring; and performing search and rescue operations in conjunction with law enforcement personnel

.

We appreciate your prompt consideration of our requested exemptions. Should you have any questions, or if you need any additional information to support the reques ted exemptions, please do not hesitate to contact the undersigned.

Respectfully submitted,

Ian J. Lis, Esq. Tripp Scott, P.A. Counsel for Petitioner Sky Scape Industries, LLCMarch 2 6 , 2015

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www.trippscott.com Exhibits

Manuals : DJI Phantom

DJI Phantom 2 Vision+ DJI Inspire

DJI S900

DJI S1000 A2 Flight Controller

NAZA

- M Flight Controller