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 - Petition for Exemption to Operate

Unmanned Aircraft 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 counsel, 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 would 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. The 
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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 operate 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. Petitioner’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 permit 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 protection, 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 granted 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, please refer to the manuals for each of the 

aforementioned UAS and Flight Controller systems attached hereto as exhibits.

Petitioner’s UAS will 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 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 command (“PIC”) holds a private pilot’s license, commercial pilot’s license, 

and a FAA second class medical certification. 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 

hazards exist. The PIC will operate all UAS with instruments of first-person-view of the UAS 
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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 times 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 following 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 private 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 not 

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 flight and associated payments. Petitioner will follow the procedures for start-up set 

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 check 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 technology 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 rescue 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.
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3. The 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 Organization 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) provide 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 construction 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 

authorization 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 shall 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 an 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 civil aircraft have 

a current airworthiness certificate. 

Requested Exemptions
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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 the 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 airworthiness 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 flammable 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) prescribes that “no person who holds a private pilot certificate 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) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition. 
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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 determination 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 placards, 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, runway 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 and 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 populated 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 respect to participating persons, vehicles, and structures directly 

involved in Petitioner’s operations. Each UAS manual sets forth safety factors that will be used 
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to ensure safe operation when in proximity to consenting participants. Petitioner will ensure that 

no UAS are operating within 500 feet of non-participating persons. 

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 

downlinks 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 minutes; 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 landing 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 constraints 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 current airworthiness certificate [. . . and] (2) an effective U.S. 

registration certificate 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 

airworthiness 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 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)(1) prescribes 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.
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91.409(a)(2) prescribes, 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 Part 21 of the same chapter.

91.417(a) and (b) prescribes, in pertinent part, that each 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, 

progressive, 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 are 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 action, 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 the 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 protocols 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 criteria 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 marketing 
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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 requested 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, LLC
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Exhibits

Manuals:

DJI Phantom

DJI Phantom 2 Vision+

DJI Inspire

DJI S900

DJI S1000

A2 Flight Controller

NAZA-M Flight Controller