September 17, 2015

Exemption No. 12886

Regulatory Docket No. FAA−2015−2709

Mr. Richard Pinto

President

Skies The Limit Productions LLC

1052 Hoa Street

Honolulu, HI 96825

Dear Mr. Pinto:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated June 5, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Skies The Limit Productions LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct closed-set filming for the motion picture, television, and web (internet) production, 

controlled flights for environmental and industrial sites monitoring, aerial photogrammetry, 

inspections, and precision property aerial surveys.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI S1000+.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Skies The Limit Productions LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

aerial data collection and closed set motion picture and filming. This exemption is subject to 

the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Skies The Limit Productions LLC is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S1000+ when 

weighing 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. 

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 
4

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 
5

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 experience-building) 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 UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined 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 
6

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 UAS 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 
7

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Date: June 5th 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Skies The Limit Productions LLC, for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 

C.F.R. Part 11, Skies The Limit Productions LLC ("Skies") hereby applies for an exemption from the Federal

Aviation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial 

vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting: (1) controlled flights for 

scripted, closed-set filming for the motion picture, television, and web (internet) production, and; (2)

controlled flights for Hawaiian Islands environmental and industrial sites monitoring, aerial 

photogrammetry, inspection of shipping docks, utility power-generation transmission and storage facilities, 

construction facilities and precision property aerial surveys.

This petition for exemption is created based on information outlined in this Petition for Exemption, as 

well as but not limited to these accompanying Skies documents; 

1. Skies’ Motion Picture and Television Flight Operations Manual

2. Skies’ sUAS Flight Operations Manual and;

3. Skies’ Operations Manuals"

4. Skies’ sUAS Aircraft Flight Manual 

(collectively referred to as " Skies' Operations Manuals")

5. DJI S1000 User Guide and;

6. DJI S1000 User Manual

(collectively referred to as "Manufacturer's Manual").

1

The Skies submits these as well as other Skies supporting materials as confidential documents 

pursuant to 14 C.F.R. § 11.35 (b), as the materials contain confidential commercial and/or proprietary

information that the Skies has not and will not share with others. Additionally, these documents contain 

operating conditions and procedures that are not generally available to the public and are protected from 

release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

1The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not

limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training

manuals, service information letters and, safety/service bulletins).
U.S. Department of Transportation

June 5th, 2015

Page 2

This Petition is organized as follows:

I. Petitioner

II.Description of Proposed Operations

A. Closed-set Filmmaking and Cinematography

B. Aerial Photogrammetry, Property Survey and Inspection of Industrial/Construction Sites and 

Utility Power- Generation Facilities and Infrastructure

II.Relevant Statutory Authority

IV. Skies’ Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations

Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C.14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) 

and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

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

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
U.S. Department of Transportation

June 5th, 2015

Page 3

I. DESCRIPTION OF PETITIONER

Based in Honolulu, Hawaii, Skies is an aerial cinematography and photogrammetry company dedicated to 

providing technologically driven and innovative solutions to the filmmaking, environmental and inspection 

monitoring industries. Its founders, Richard Pinto and Mark Robinson III are both commercially rated

cinematographers. As part of Skies’ vision of providing new and innovative solutions to its client's needs, 

and building upon its founders extensive commercial film and television production experience, Skies

seeks an exemption to allow commercial operations of small 55lbs UAS to provide aerial cinematography, 

photography and video services for the film and television industry, as well as providing photogrammetry 

aerial surveys, inspections, and environmental monitoring of shipping docks, industrial and construction 

sites, and utility power-generation facilities and infrastructure.

The contact information for Petitioner is as follows: 

Richard Pinto 

President

Skies The Limit Productions LLC, 

1052 Hoa St. 

Honolulu, Hawaii, 96825

Phone: (808) 840-0004

Email: kela@skiesthelimit.com

II.DESCRIPTION OF PROPOSED OPERATION

Skies seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI S1000+ UAS

for the proposed operations discussed below. All UAS operations will occur under tightly controlled

conditions on private property where Skies has received permission to operate from the landowner, 

controller or authorized representatives. The proposed UAS operations will be conducted in accordance

with the conditions and limitations of this Petition for Exemption and Skies’ Operations Manuals. As 

detailed in Skies' Operations Manuals, all UAS operations will be limited to daytime VFR conditions, 

within visual line-of-sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 

miles away from an airport. Moreover, Skies’ Operations Manuals incorporate redundant safeguards to 

assure that the aircraft does not travel outside the controlled area of UAS operations, including GPS "geofencing" technologies.

A. Closed-set Filmmaking and Cinematography

Skies seeks to use small UASs for the purpose of conducting scripted, closed-set filming for the 

motion picture, television, and web industry. 
U.S. Department of Transportation

June 5th, 2015

Page 4

Skies has tailored its operations to meet the requirements established by the FAA in prior grants of

exemptions authorizing commercial use of UAS in the motion picture and television filmmaking industry, 

including:

 Astraeus Aerial (Exemption No. 11062)

 Aerial MOB, LLC (Exemption No. 11066)

 Pictorvision, Inc. (Exemption No. 11067)

 HeliVideo Productions, LLC (Exemption No. 11065)

 Snaproll Media, LLC (Exemption No. 11063)

 RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064)

 Flying-Cam, LLC (Exemption No. 11080)

 Aerocine, LLC (Exemption No. 11150)

 Team 5, LLC (Exemption No. 11158)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Picture Factory, Inc. (Exemption No. 11178)

 Dronair Solutions (Exemption No. 11671)

All UAS filmmaking and television film production operations will be conducted on private property

in a controlled area, away from spectators and persons not involved in the film and TV production. All

UAS filming will be conducted during daylight hours, VFR conditions, at altitudes below 400' AGL. As 

set forth below, Skies’ operations provide a superior level of safety and quality compared to performing the 

same filming work using conventional fixed-wing aircraft or helicopters.

B. Aerial Photogrammetry, Survey and Inspection of Environmental, Industrial/Construction Sites 

and Utility Power-Generation Facilities and Infrastructure

Skies seeks to use small UASs for the purpose of conducting aerial environmental imaging and 

photogrammetry for safety monitoring of controlled access industrial and construction sites, utility powergeneration transmission and distribution facilities and infrastructure. Traditional methods of inspecting this 

type of infrastructure, including flare stacks, elevated pipelines and power lines, tanks, and steep rooftops, 

expose inspecting engineers to uncalled for risk, physical harm, serious injury and death. Inspectors need to 

climb tower or otherwise perform elevated work, which exposes them to the risk of dangerous falls, 

electrocution or other work related extremes. In addition, depending on the nature of the inspection,

proximity to equipment often involves a risk of exposure to hazardous chemicals or oxygen-deficient 

atmospheres, burns from steam or hot equipment, and other mechanical hazards associated with industrial 

sites and construction facilities. The use of small UASs mitigates these hazards and is ultimately a much 

safer method of performing these and most other types of inspections.
U.S. Department of Transportation

June 5th, 2015

Page 5

Small UAS inspection is also safer than traditional manned aircraft performing the same function. 

Conventional operations using rotorcraft and fixed-wing aircraft in low level operations present risks 

associated with vehicles weighing thousands of pounds and carrying large amounts of fuel. It is important 

to note that the use of small UAS in this area will not only be safer and more cost effective, but the quality

of collected data and information is far superior. 

Small UAS inspection is more reliable, and allows for the collection, dissemination, and storage of 

visual and other sensory data with greater precision and duration. Small UASs are also capable of 

accessing and inspecting areas that would otherwise be inaccessible to humans or cannot be completed with 

conventional aircraft.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely

accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in 

the National Air Space ("NAS") where it is safe to do so based on the following considerations:

● The UAS's size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f)

(permitting exemptions from §§ 44701(a), (b) and

§§ 44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption:

(1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide

a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. SKIES' PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333

OF THE REFORM ACT

The small UAS operations proposed by Skies in this Petition for Exemption qualify for expedited

approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are

satisfied.
U.S. Department of Transportation

June 5th, 2015

Page 6

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the DJI S1000+ UASs due to its size

weight, speed, and operational capability.

 The DJI S1000+ has been approved for use in prior Section 333 Grants of Exemption from the FAA.

2

 The DJI S1000+ weighs less than 25 pounds, including payload.

 The DJI S1000+ will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA as specified using GPS triangulation, 

digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will 

be transmitted to the pilot via telemetric data feed.

 The UASs will have system redundancies and independent functionality to ensure the overall safety and 

predictability of the system. If connection to the remote control or ground control station is lost, failsafe

systems will permit the UAS to return to a predetermined location and safely land without injury or 

damage.

 The radio frequencies used for operations and control of the UAS comply with the Federal 

Communications Commission ("FCC") and other appropriate government oversight agency requirements. 

The operating frequency for the DJI S1000+ is 2.4 GHz. 

If the same operations were conducted using a helicopter, the aircraft's take-off weight would likely

exceed 6,000 pounds carrying a pilot, camera operator and VO-visual observer- navigator. The difference

in weight between the DJI S1000+ and a helicopter significantly reduces the potential harm to the

participating and non- participating individuals or property in the event of an accident or incident. In

addition, the risk to the onboard pilot and camera operator is eliminated.

See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of

Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to Low Country RC, Corp. 

(Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption 

to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. 

(Exemption No. 11156).
U.S. Department of Transportation

June 5th, 2015

Page 7

B. Approval is Warranted Based on the Operational Restrictions Set Forth in Skies’ Operations

Manuals

Skies’ Operations Manuals and the Manufacturer's Manual for the selected UASs will contain all the 

procedures and limitations necessary to safely and successfully perform the operations specified in this 

Petition for Exemption. To assist the FAA in making a safety assessment of Skies’ proposed operations, 

below is a summary of operational limitations and conditions that Skies will adhere to, and which will

ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weighs less than 55 pounds, fully loaded.

2. All operations shall be conducted over private or controlled-access property with permission from the

land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight operation.

3. All UASs operated under the Grant of Exemption 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.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot- in Command 

("PIC") of the UAS, and one or more Visual Observers ("Observer") as necessary to safely conduct 

the mission.

5. PICs shall possess at least a Private Pilot's Certificate and current Class III Medical Certificate. The

PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which

the PIC is rated on his or her pilot certificate.

6. The UA shall be operated within VLOS of the PIC and Observer at all times. The PIC must use 

human vision unaided by any device other than corrective lenses, as specified on the PIC's FAAissued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to the Skies’ 

Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator 

upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and 

Skies’ Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence

and must be followed. Otherwise, Skies shall follow the procedures outlined in their Operations Manuals.
U.S. Department of Transportation

June 5th, 2015

Page 8

10. Skies may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of

the Manual will be provided to the Administrator upon request.

Skies will also present an updated and revised Operations Manuals if it petitions for extension or amendment to

its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the

exemption, Skies will seek an amendment to its Grant of Exemption. Skies will contact the FAA’s UAS

Integration Office (AFS-80) if questions arise regarding updates or revisions to the operating documents.

11. Skies’ Operations Manuals and its Grant of Exemption will be available to the

PIC at the ground control station anytime the UAS is operating.

12. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising

speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the DJI S1000+ will be limited to 40 

minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less 

than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable 

controlled airspace without prior written authorization and approval from the FAA. In the event the structure

being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest 

point on the structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons 

other than the PIC, VO, operator trainees or essential personnel), 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, 

vehicles or structures has granted permission 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, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue

hazard to those persons per § 91.119(a).
U.S. Department of Transportation

June 5th, 2015

Page 9

16. 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.

17. The UA may not operate within 5 nm of an airport reference point as denoted on a current FAApublished aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the Skies COA. The letter of agreement

with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a condition safe for flight. 

The pre-flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, 

not already covered in the relevant sections of the operating documents. The PIC shall not operate the UAS

if the inspection reveals a condition that affects the safe operation of the UAS until the necessary

maintenance has been performed and the UAS is found to be in a condition for safe flight. The ground 

control station shall be included in the preflight inspection. All maintenance and alternations must be 

properly documented in the UAS records as required by Skies’ Operations Manuals.

19. Skies will carry out its maintenance, inspections, and record keeping requirements in accordance

with the Operations Manuals. Maintenance, inspection, and alterations will be noted in the UAS records, 

including total time in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service.

20. 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 in

accordance with Skies Operations Manuals. The PIC who conductsthe functional test flight must make an

entry in the UAS aircraft records of the flight. The requirements and proceduresfor a functional test flight and

UAS record entry shall be included in the Skies’ Operations Manuals.

21. The UAS will be operated and maintained according to the Manufacturer's

Manuals and any required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on 

Skies’ Operations Manuals.

23. Skies will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or 

Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of 

Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in

accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and 

potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.
U.S. Department of Transportation

June 5th, 2015

Page 10

25. If the UAS loses communication with the pilot, it will have the capability to return to a predetermined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of communication 

between the PIC and the Observer.

27. The UAS will have the capability to safely abort flight in the case of unpredicted obstacles or

emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner

consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS 

rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner

consistent with 14 CFR § 61.51(b), a minimum of 54 CFR §61.51(b), a minimum of 10 logged hours as UAS

pilot operating the make and model of UAS to be utilized for operations under the exemption and thirty takeoffs and thirty landing in the preceding 90 days.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under Special 

Visual Flight Rules ("SVFR") shall not be conducted.

32. The UA shall remain clear and yield the right of way to all other manned operations and activities 

at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang 

gliders, etc.).

33. UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The UAs will not be operated from an elevated platform or moving device / vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and control of the

UA will comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements.
U.S. Department of Transportation

June 5th, 2015

Page 11

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

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,

including UASs, from its safety regulations and minimum standards when the Administrator decides a

requested exemption is in the public interest.

3

Skies seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal 

Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using a

UAS. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the 

operating procedures and safeguards that Petitioner has established which will ensure a level of safety better 

than or equal to the rules from which exemption is sought.

4

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the

Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally

used for the same application. These criteria are met, and therefore no exemption is needed.

5 If, however, 

the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements 

of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Skies’ use of the DJI S1000+ is safe when taking into account their size, weight, speed, and

operational capability. As set forth in the description of proposed operations in Section IV (A), the DJI

S1000+ weighs less than 55 pounds, including payload and will not be flown at a ground speed in excess of

50 knots. UAS is also equipped with safety features that will allow Petitioner to operate the UAS safely after 

experience certain in-flight contingencies or failures.

6 7

3

49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

4

14 C.F.R § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would

provide a level of safety at least equal to that provided by the rule from which you seek exemption.
U.S. Department of Transportation

June 5th, 2015

Page 12

UNMANNED AIRCRAFT SYSTEM

Operations conducted under this exemption will be closely controlled and monitored by the operator

and will be conducted in compliance with local public safety requirements, to provide security for the area of 

operation. Skies will also provide the FAA with advance notice of all operations via NOTAMs as required 

by the applicable COA. In all cases, operation of the DJI S1000+ under the proposed conditions will be at 

least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate.

Lastly, the UASs do not need a means to communicate with other aircraft or ATC, because those

capabilities will be possessed by the PIC and Observer, who are not onboard the UAS.

8 In addition, no 

sense-and-avoid technology is necessary for the UASs because they will be operated at all times in VFR 

conditions and within VLOS of the PIC and Operator.

9

5

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6

See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The [DJI

S1000] has the capability to operate safely after experiencing certain in-flight contingencies or failures and

uses an auto-pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of

global positioning system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight

maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent

level of safety compared to a manned aircraft performing a similar operation."

7

See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): The S1000’s

operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas.

Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials or flammable liquid 

fuels, and operate exclusively within the parameters stated in Skies’ Operations Manuals.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent that Skies’ small UASs would otherwise require certification under Part 

27, Petitioner seeks an exemption from Part 27's

{continued from previous page}

The petitioner states further that the UAS has built-in intelligent fault handling which allowsthe Dji S 1000 to 

detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that

can be detected include: loss of communication; exceeding pre-set wind thresholds; and low battery levels.
U.S. Department of Transportation

June 5th, 2015

Page 13

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At

any point if the operator is not explicitly commanding the system to move, the system automatically holds its

GPS position. The flight control system employs not only GPS positioning but a variety of sensors including 

sonar, barometric pressure, temperature, wind speed and othersto ensure stabilityso long as wind thresholds

are not exceeded. Also a flight termination link – to prevent a 'fly away' or other potentially dangerous 

situation – is available to the operator."

8

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9

Id. airworthiness standards for the same reasons identified in the request for exemption from 14

C.F.R. Part 21, Subpart H, supra.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Skies seeks an exemption from the aircraft marking and identification requirements contained in 14 

C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance

with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not

less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental,"

or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin,

fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was 

warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 C.F.R 

Part 45, Subpart C if the markings are as large as practicable."

10
U.S. Department of Transportation

June 5th, 2015

Page 14

Equivalent Level of Safety

All UA flown by Skies will bear N-number markings that are as large as practicable in accordance

with 14 C.F.R. Part 45, Subpart C.

11

10

FAA Docket No. FAA-2014-0352.

C. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

Skies seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 

91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection 

standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or 

operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall

between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an

airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed 

in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. 

Further, as required by Skies’ Operations Manuals, the PIC will conduct a pre-flight inspection of the UAS 

and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance

will be performed and verified to address any conditions potentially affecting safe operation of the UAS and

no flights will occur unless, and until, all flight critical components of the UAS have been found to be 

airworthy and in a condition safe for operation. A functional test flight will be conducted following the

replacement of any flight-critical components. As required by Skies’ Operations Manuals, the PIC who 

conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

Skies’ Operations Manual also includes requirements to follow the manufacturer’s UAS

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the

following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces 

(including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries),

ground control station, hazard accessories, and spare parts. Further, Skies’ Operations Manuals also includes 

procedures to document and maintain a record of the UAS maintenance, preventative maintenance,

alterations, status of replacement /overhaul component parts, and the total time in service of the UASs used 

under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Skies’

Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

 {continued from previous page}

11

See, e.g., FAA Docket No. FAA-2014-0352, at 14.
U.S. Department of Transportation

June 5th, 2015

Page 15

PILOT-IN-COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Skies seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from 

flying aircraft for compensation or hire, and would also require a second class medical certificate. The

purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the 

PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for

hire. In this case, while the UASs will be operated as part of a commercial operation, it carries neither

passengers nor cargo. 

In the Grant of Exemption to Astraeus Aerial

12, the FAA determined that the unique characteristics of

UAS operation outside of controlled airspace did not warrant the addition cost and restrictions attendant with 

requiring a the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment 

of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to 

any additional safety benefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions Skies has placed on its UAS operations meet or exceed the restrictions similarly

imposed on Astraeus Aerial. Skies will operate on private property away from persons and property not

involved in the operation. Skies will also obtain an ATO issued COA prior to conducting any operations 

under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in 

the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A 

NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Skies will further ensure safe operation by requiring that any

PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators 

but also in the unique aspects of UAS flight. As set forth in the Operations Manuals, pilots will have

experience not only in UAS operations generally but have logged flight time in the specific make and model 

used for the operations before they are permitted to participate in commercial flights on behalf of Skies. The

pilot qualification, training, and currency requirements in the Operations Manuals ensure that Skies’ pilots 

are competent and proficient in the UAS they are operating. Skies’ training and qualification requirements 

are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher

level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

12

Exemption No. 11062 (FAA Docket No. FAA-2014-0352).
U.S. Department of Transportation

June 5th, 2015

Page 16

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Although there will be no airworthiness certificate issued for the UASs, Skies seeks an exemption 

from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The

FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of 

Part 21 are waived or found inapplicable.

13 Accordingly, Petitioner requests that the requirements for § 

91.7(a) be treated in accordance with Section V (A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(b) No person may operate a U.S.-registered civil aircraft –

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph

(a) of this section 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.

Given the small size and configuration of the UASs, it would be impossible to keep airworthiness documents

and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or 

cockpit.

13

See id. at 13-14, 22 
U.S. Department of Transportation

June 5th, 2015

Page 17

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) 

is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and 

other required documents from the ground control station from which he or she is operating the aircraft.

14 

As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access 

to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring 

that the pilot has access to the documents at the ground control station from which he or she is piloting the 

UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Skies seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA-approved Flight Manual 

on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the

flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Skies’ Operations Manuals and the 

Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or 

inoperable components in accordance with the Skies’ Operations Manuals, including checklists covering PreFlight, Launch, Landing, and Post-Flight procedures. The PIC will also be required to review weather, flight 

requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing

areas—before initiation of flight. Skies’ Operations Manuals and the Manufacturer's Manual will be kept at 

the ground control station and will be accessible to the PIC at all times while operating the UAS.

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and 

Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-

0352 at 16-18.

Skies seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o 

person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design, 

do not have functional dual controls. Instead, flight control is accomplished through the use of a device

that communicates with the aircraft via radio communications. Accordingly, an exemption will be required

for the flight instruction requirements of 14 C.F.R. § 91.109(a).
U.S. Department of Transportation

June 5th, 2015

Page 18

Equivalent Level of Safety

Given the size and speed of the UASs that Skies intends to use, an equivalent level of safe training

can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as 

required by the Skies’ Operations Manuals, all persons will be a safe distance away in the event that the UAS

experiences any difficulties during flight instruction. Moreover, as required by the Skies’ Operations

Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety

procedures provided for in Skies’ Operations Manuals ensure that the proposed UAS operations provide an 

equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Skies requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c).

15 

Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 

feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 

C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes 

when it can be operated "without hazard to persons or property on the surface," provided that "each person 

operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the

FAA."

An exemption is required because the proposed UAS operations will normally need to occur below 

400 feet AGL. In circumstances where the UAS is used to inspect a structure whose height exceeds 400 feet 

AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and within 

50 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the Pilot and/or

Observers(s) may need to be less than 500 feet away from the UAS.

15Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency

landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's 

proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b)

will not be necessary. See e.g., Grant of Exemption No. 11157 to Slug wear, Inc., dba Like on a tree Aerial 

(FAA-2014-0534 at 15)

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed 

herein, and given the lack of flammable fuel with the UASs, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved

given the size, weight, and speed of the UASs, as well the controlled location where the operations will 

occur. 
U.S. Department of Transportation

June 5th, 2015

Page 19

In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, 

or when inspecting a structure whose height exceeds 400 feet AGL, within 100 feet above the highest point

on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the UASs will be operated in a restricted area, and all flights 

will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that 

person is in a position where he or she is shielded from the UAS and any possible debris resulting from 

UAS failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person

within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet 

away from vehicles or structures unless the property owner/controller has granted permission and the PIC 

has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or

Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Skies’ 

Operations

Manuals will ensure operations can be conducted without compromising safety.

16

K. 14 C.F.R. § 91.121: Altimeter Settings

Skies seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure An exemption is required to the extent that the UASs do not have a

barometric altimeter, but rather a GPS altitude read out.

16

See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19):

"If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA or

debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such

protection. The operator must also 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. When considering how to immediately cease operations, the

primary concern is the safety of those nonparticipating persons. In addition, the FAA finds that operations

may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any

such vessels, vehicles orstructures grants permission for the operation and the PIC makes a safety 

assessment of the risk of operating closer to those objects and determines that it does not present an undue

hazard.”

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §

91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or 
U.S. Department of Transportation

June 5th, 2015

Page 20

below

17

, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator 

at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude initiation point is 

established for the PIC to confirm accuracy of the onboard GPS.

18

The UASs that Skies intends to use for the proposed operations will meet all these operational 

characteristics. Moreover, as required by Skies’ Operations Manuals, the PIC will be required to calibrate

the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of 

Exemption, the UASs Skies intends to use, and the safety mitigation procedures contained in the

Operations Manuals, both ensure that an equivalent level of safety will be achieved, and a Grant of 

Exemption to the requirements of § 191.121 is therefore appropriate.

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

Skies requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states: 

(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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations 

can be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel 

requirements of 14 C.F.R. § 91.151(a) is therefore required.

17

If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more

than 100 feet above the highest point on the structure.

18

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).

Equivalent Level of Safety 

 In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by 

prohibiting the PIC from beginning a Dji S1000 flight unless (considering wind and forecast weather 

conditions) there was enough power to fly to the first intended point of landing and, assuming normal 

cruising speed, to fly after that for at least 10 minutes. 
U.S. Department of Transportation

June 5th, 2015

Page 21

In reaching this conclusion, the FAA considered that the UAS batteries for the Dji S1000 provided 

provide approximately 20 minutes of powered flight (with payload) and provided battery level and battery 

time remaining in minutes and seconds to the PIC.19 The FAA also considered the fact that the Dji S1000

operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and that in the 

event that the UAS should run low on power, the PIC will be alerted and can land the Dji S1000 as soon as 

possible. Like the VDOS Grant of Exemption, Skies use of the Dji S1000, combined with the requirements 

of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved. 

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined 

that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by 

prohibiting the PIC from beginning a flight with the DJI S1000+ unless (considering wind and forecast 

weather conditions), there was enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. Skies will adhere to this limitation for DJI S1000+ 

flights. 

The DJI S1000+ includes a low battery warning system and the amount of battery reserve power 

remaining is transmitted to the PIC via telemetric data feed, which downlinks from the UAS to a groundbased-on-screen display.20 As required by Skies’ Operations Manuals, the PIC will promptly fly the UAS 

back to the home launch location or pre-determined abort location where the UAS may safely land, while 

still maintaining a minimum of 25% reserve battery power. Skies submits that the procedures requiring 

flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement 

that flights only be conducted within a secure, isolated area, using a UAS weighting less than 25 pounds, 

and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent 

or higher level of safety to that provided by the regulations from which exemption is sought. 

19 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 

20 The Dji S1000+ ground control station displays, the UASs position, navigation route, tail number, 

altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor 

heading and orientation relative to the UAS. 

VI. DRUG AND ALCOHOL PROGRAM

Skies will have policies in place to ensure that no person may participate in UAS flight operations if 

they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

The public interest will be served by granting Skies’ Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, safe working
U.S. Department of Transportation

June 5th, 2015

Page 22

environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill 

Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA Administrator's

assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily 

required rulemaking.

The proposed UAS operations in this Petition for Exemption significantly improve safety and 

reduce risk harm or serious injury to inspecting engineers. Traditional methods of inspecting monitoring 

industrial and construction sites, and utility power-generation facilities and infrastructure requires 

inspectors to climb towers or otherwise perform elevated work, which exposes them to the risk of 

dangerous falls. Inspectors are often exposed to hazardous chemicals or oxygen-deficient atmospheres, 

burns from steam or from hot equipment, and other mechanical hazards associated with industrial sites and 

construction facilities. The use of small UASs can eliminate these hazards and is ultimately a much safer 

method of performing these types of inspections. 

The use of small UASs also enhances safety and reduces risk because, unlike manned aircraft weighing 

thousands of pounds, carrying crew in addition to flammable fuel, the UASs carry no passengers or crew. 

Further, in the unlikely event of an accident, Skies small battery powered UASs presents significantly less 

danger to persons on the ground when compared to operations by conventional manned aircraft.21 As 

Petitioner's UASs are battery powered, the public will also benefit from a reduction in harmful emissions 

associated with conventional aircraft performing in the same functions proposed herein. Lastly, as 

recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an 

additional tool for the aerial filming industry, adding a greater degree of flexibility, which supplements the 

current capabilities offered by manned aircraft.22

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): 

"Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an 

onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh 

less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from the 

aircraft. The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot 

and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation." 

VIII. PRIVACY 

All Skies UAS operations will be conducted in accordance with applicable federal, state, or local 

laws regarding privacy. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 
U.S. Department of Transportation

June 5th, 2015

Page 23

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL 

REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 

91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & 

(b).

The exemption will enhance safety by reducing risk to the general public and property owners from 

the substantial hazards associated with performing equivalent film work and aerial inspection and 

environmental monitoring of industrial sites, transmission and storage facilities, construction facilities and 

precision aerial surveys with conventional fixed-wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Skies Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 

2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation 

within VLOS and national security. The proposed UAS operations will benefit the public as a whole by 

improving safety and reducing risk by alleviating human exposure to danger. In consideration of the 

foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting 

the requested exemptions allowing Skies to use small UASs for: (1) scripted, closed-set filming for the 

motion picture, television, and web industry, and; (2) aerial inspection and environmental monitoring of 

industrial sites, transmission and storage facilities, construction facilities and precision aerial surveys.

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).

We thank you for your prompt consideration of our requested exemptions. 

Respectfully submitted,

Richard Pinto 

President 

Skies The Limit Productions LLC

Should you have any questions, or if you need any additional information to support the requested 

exemptions, please contact the undersigned at:

Skies The Limit Productions LLC

Phone: 808-271-8377

Email: kela@skiesthelimit.com
U.S. Department of Transportation

June 5th, 2015

Page 24

(The following attached items contain proprietary and commercial information exempt from disclosure 

under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant 

to 14 C.F.R. § 11.35(b)). 

Attachments: 

1. General Operations Manual

2. Flight Operations Checklist

3. DJI S1000 User Manual

4. DJI S 1000 Release Note

5. DJI S1000 Pilot Operating Manual

6. MPTOM

7. Company Protocol

8. Ground Station Diagram

9. Preflight Checklist

10. Post Flight Checklist

11. DJI S1000 Equipment Checklist

12. On Set Protocols

13. Flying and Communications 

14. Pilot Flight Log Example

15. Letter of Exemption