October 29, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 Re: Petition ofCaribbean Sky Hawk Productions for anExemption Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 Director: Flight Standards Service: Pursuantto Section 333 ofthe FAAModernization and ReformAct of2012 ("ReformAct") and 14 C.F.R. Part 11, Caribbean Sky Hawk Productions ("Caribbean Sky") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified belowto allow commercial operation ofsmall unmanned aerial vehicles 

### (i.e., "small unmanned aircraft" or "UAS") for the purpose ofconducting aerial photography, videography, property mapping and infrastructure inspection for the real estate and constructionindustries as well as the tourism industry. This petition for exemption is made based oninformation outlined in this Petition for Exemption, as well as the accompanying Caribbean Sky documents; 

### 1. PIC Flight OperationsManual and; 2. Operations Manuals (Collectively 2 and 3 are referred to as Documents & Manuals") 3. User Guide and; 4. Flight Manual' (Collectively 3 and 4 are referred to as "Manufacturer's Manuals"). Caribbean Sky submits these supporting materials as confidential documents pursuantto 14 C.F.R. 

### § 11.35(b), as the materials contain confidential commercial and/or proprietary informationthat Caribbean Sky has not and will not share with otherrequesting parties. Additionally, these documents contain operating conditions andprocedures that are not generally available to the public and are protected from release under the Freedom ofInformationAct, 5 U.S.C. 

### § 552 et. seq. Foryour convenience, this Petition is organized as follows:

1 • The 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 infurmation letters and, safuty/service bulletins.U.S Department ofTransportation October 29, 2015 Page2 I. Description ofPetitioner II. Description ofProposed Operations A. Aerial Photography, Videography, Property Mapping and Infrastructure Inspection III. Relevant StatutoryAuthority IV. Caribbean Sky's Proposed UAS Operations Meet the Requirements of Section 333 ofthe ReformAct 

### A. Approval is Warranted Based onthe UAS's Size, Weight, Speed, and Operational Capability B. Approval is Warranted Based onthe Operational Restrictions Set Forth in the Operations Manuals V. Regulations FromWhich 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): CivilAircraftAirworthiness G. 14 C.F.R. 

### § 91.9(b)(2): CivilAircraft Flight Manual inthe Aircraft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying CivilAircraft Certification and Registration H. 14 C.F.R. 

### § 91.103: PreflightAction 

### I. 14 C.F.R. 

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

### § 91.119(c): Minimum SafeAltitudes K. 14 C.F.R. 

### § 91.121: Altimeter Settings 

### L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight inVFR Conditions Vl. Drug andAlcohol Program VII. Public Interest VIII. Privacy IX. FederalRegister Summary X. Conclusion I. DESCRIPTION OFPETITIONERU.S Department ofTransportation October 29, 2015 Page 3 Caribbean Sky, is based in Key Largo, FL working inphotography, videography services for the real estate, construction and tourism industries. The Company specializes in, and will continue to focus on, the videography and photography ofproperty and real estate for inspection and sales purposes as well as property mapping and provide services for tourism related projects. The Company's Principal, James K. Brown is a FAA licensed pilot for single engine fixed wing aircraft andhas been flying UA V Quadcopters as a hobby for more thanthree years without incident, spending hundreds ofhours flying. Mr. Brown also has a Class I and III medical license. Upon the grant ofthe 333 Exemption the Company's business will specialize inreal estate photography and videography ofresidential, commercial and industrial real estate for the promotion ofproperties for sale and land development and additionally will provide services for the tourism industry. Caribbean Sky's staffare well trained and experienced in providing support as visual observers ("VO") for the pilot in command ("PIC") in addition to any other needed on site assistance. All ofthe equipment owned by Caribbean Sky is ofthe highest quality gear and has been able to provide these services safely andwithout any claims or incident. Caribbean Sky's goal is to advise the perspective clientthat Caribbean Sky is following all the applicable state and federal rules to ensure the safety ofthe public while providing the client with a competitive and cost effective product. Caribbean Sky seeks an exemptionto allowfor photography, videography and other related mediaproducts. The contact information for Petitioner is as follows: Jon D. Leirnkuhler Caribbean Sky HawkProductions 35 Pompano Ave Key Largo, FL 33037 Phone: 305.394.0969: Email: info@caribbeanskvhawk.com

**--··--~---------** .. 

### II. DESCRIPTION OF PROPOSED OPERATION Caribbean Sky seeks an exemptionpursuant to Section 333 ofthe Reform Actto operate the DSLRPro Phantom 3 Sundance Edition (referred to as CS-UAS) (under 55lbs) for the proposed operations discussedherein below. All UAS operations will occur under tightly controlled conditions onprivate property or approved location where Caribbean Sky has receivedverifiable permissionto operate from the landowner, controller or authorizedrepresentative. The proposed UAS operations will be conducted in accordance withthe conditions and limitations ofthis Petition for Exemption and Caribbean Sky's Operations Manuals. As detailed in Caribbean Sky's Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line-of-sight ("VLOS") ofthe operator, inuncontrolled airspace, and will occur at least 5 mm away from an airport reference point. Moreover, Caribbean Sky's Operations ManualsU.S Department ofTransportation October 29, 2015 Page4 incorporate redundant safeguards to assure the aircraft does nottravel outside the controlled area ofUAS operations, including GPS "geo-fencing" technologies. 

### A. Aerial Photography, Videography, Property Mapping and Infrastructure Inspection Caribbean Sky seeks to use small CS-UAS for the purpose ofconducting photography, videography, mapping and inspection services for the real estate and construction industries as well as provide services to the tourism industries. Caribbean Sky has purposefully tailored its operations to meetthe requirements established by the FAA inprior grants ofexemption authorizing commercial use ofUAS in the real estate industry, including:

• Trudeau, Realtor® (Exemption No. 11138) • Alon Sicherman (ExemptionNo. 11728) • Sokoler Med1y (ExemptionNo. 11341) • Raven Executive (ExemptionNo. 12639) • Rick Doyle Photography (ExemptionNo. 12681) • Lewis Realty Asso, Inc. (Exemption 12081) Asreal estate photography and videography operations will occur onprivate property or approved location in a controlled area away from spectators andpersons not involved inthe recording process. 

### In addition, the filming will be conducted between dawn and duskto ensure maximum safety for the public and those involved inthe manipulation and operation ofthe UAS; VFR conditions, ataltitudes below400' above ground level ("AGL"). As set forth below, Caribbean Sky's operations provide an equivalent level ofsafety which is superiorto performing the same work using conventional fixed-wing aircraft or helicopters. Small UAS real estate video production is also safer than traditional marmed aircraft performing the same function. Videographer-inspectors also frequently need to climb roof tops, trees, or otherwise perform elevated work, which exposes themto the risk ofdangerous falls, electrocution or other work related injuries. In addition, depending onthe nature ofthe video needed and inspection, proximity to equipment, and other mechanical hazards associated withindustrial sites and construction facilities often involves a risk ofexposure to hazardous conditions. The use ofCS-UAS mitigates these hazards and is ultimately a much safer and cost efficientmethod ofperforming these and most other types ofinspections. Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level operations present risks associated with vehicles weighing tens ofthousands ofpounds (including payload) and carrying large amounts offuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates. Itis important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser ofthe service, but the quality and expanse ofacquired informationwill be far more robust giventhe low cost associated with its acquisition and other potential consumers an inexpensive product.U.S Department ofTransportation October 29, 2015 PageS UAS real estate video production is more reliable, and allows for the collection, dissemination, and storage ofvisual and other sensory datawith greater precision and duration at a very low cost. Small UASs will also be capable ofaccessing and inspecting areas that would otherwise be inaccessible or highly dangerous using conventional aircraft or other inspection methods. III. RELEVANT STATUTORYAUTHORITY This Petition for Exemption is submitted pursuantto Section 333(a) through (c) ofthe FAA Modernization and Reform Act of2012 ("ReformAct"). Congress has directed the FAA "to safely accelerate the integration ofcivil immarmed aircraft systems into the national airspace system." Pursuant to Section 333 ofthe ReformAct, the FAAAdministrator is to permit umnarmed aircraft systems to operate intheNationalAirspace Systems ("NAS") where itis safe to do so based onthe following considerations:

• The UAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximityto airports andpopulated areas; and • Operation ofthe UAS within the visual line ofsight ofthe operator. Additionally, the FAAAdministrator has general authority to grant exemptions from the agency's safety regulations and minimum standards whentheAdministrator decides a requested exemption is inthe public interest. See 49 U.S.C. § 106(±) (defining the authority ofthe Administrator); 49 U.S.C. § 44701(±) (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 ofsafety at least equal to the existing rules). See 14 C.F.R. 

### § 11.81 (petitions for exemption). IV. CARIBBEAN SKY'S PROPOSED CS-UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OFTHE REFORMACT The small CS-UAS operations proposed by Caribbean Sky as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 ofthe ReformAct as each of the statutory criteria and relevant factors are satisfied. A. Approval is Warranted Based on the 

### VAS's Size, Weight, Speed, and Operational Capability A Grant ofExemption is appropriate for operations conductedusing the UASs due to their size weight, speed, and operational capability.

• The CS-UAS utilized by Caribbean Skyhas been approved for use in prior Section 333 Grants ofExemption from the FAA. 2

'see e.g., Grant ofExemptionto Ttudeau, Realtor® (Exemption No. 11138); Grant ofExemptionto Alon Sicherman (Exemption No. 11728); Grant ofExemption to Sokoler Med1y (Exemption No. 11341).U.S Department ofTransportation October 29, 2015 Page6

• The CS-UAS weighs less than 55 pounds, including payload

• The CS-UAS will not be flown at a ground speed in excess of50knots. The exemption holder may use either groundspeed or calibrated airspeed to determine compliance withthe 50 knot speed restriction.

• Altitude information will be generated by equipment onboard the UAS as specifiedusing 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 CS-UAS will have system redundancies and independent functionality to ensure the overall safety and predictability ofthe system. Ifconnectionto the remote control or ground control station is lost, failsafe systems will permitthe UAS to return to a predetermined location and safely land without injury or damage.

• The radio frequencies used for operations and control ofthe CS-UAS comply withthe Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. The operating frequency for the CS-UAS is 2.4 GHz frequency bands. Ifthe same operations were conducted using a helicopter, the aircraft's take-offweight would likely exceed 6,000 pounds depending onpayload. The difference in weightbetweenthe CSUAS and a helicopter significantly reduces the potential harmto the participating and nonparticipating individuals and/or surrounding property inthe event ofannnintended accident or incident. In addition, the riskto the onboard pilot and camera operator is eliminated. B. Approval is Warranted Based on the Operational Restrictions Set Forth in Caribbean Sky's Operations Manuals Caribbean Sky's Operations Manuals and the Manufacturer's Manual for the selected CS-UAS will contain all the procedures and limitations necessaryto safely and successfullyperform the operations specified inthis Petition for Exemption. To assist the FAAin making a safety assessment ofCaribbean Sky'sproposed operations, belowis a summary ofoperational limitations and conditions that Caribbean Sky will adhere to, and whichwill ensure an equivalent or higher level ofsafety to operations conducted under current regulatory guidelines: 

### l. The CS-UAS weighs less than 55 pounds, withpayload. 2. All operations shall be conducted overprivate or controlled-access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each scheduled flight priorto operation. 3. All UAS operated nnder the Grant ofExemption will be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N-Number)U.S Department ofTransportation October 29, 2015 Page7 markings in accordance with 14 CFRpart 45, Subpart C. Markings will be as large as practicable. 4. Minimum crew for each flight operationwill consist ofa pilot, who will be Pilot-in Command ("PIC") ofthe CS-UAS, and one or moreVisual Observers ("Observer") as necessary to safely conduct the mission. 5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airmanmedical certificate or a valid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in whichthe PIC is rated on his orherpilot certificate. 6. The CS-UAS shall be operated withinVLOS ofthe PIC and Observer at all times. The PIC mustuse humanvisionunaided by any device other thancorrective lenses, as specified onthe PIC's FAA-issued 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 notbepermitted during flight operations. 9. The additional requirements identified inthe Grant ofExemption shall be added to the Caribbean Sky's Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations inthe Grant ofExemption and Caribbean Sky's Operations Manuals, the conditions and limitations in the Grant ofExemption shall take precedence and must be followed. Otherwise, Caribbean Sky shall follow the procedures outlined intheir Operations Manuals. 10. Caribbean Sky may update or revise its Operations Manuals. Revisions will be tracked and a revised copy ofthe Manual will beprovidedto the Administrator upon request. Caribbean Sky will also present an updated and revised Operations Manuals ifit petitions for extension or amendmentto its Grant ofExemption. 

### Ifanupdate or revision would affect the basis upon whichthe FAA grants the exemption, Caribbean Sky will seek an amendment to its Grant ofExemption. Caribbean Sky will contact the FAA's UAS Integration Office (AFS-80) ifquestions arise regarding updates or revisions to the operating documents. 11. Caribbean Sky Operations Manuals and its Grant ofExemption will be available to the PIC atthe ground control station anytime the CS-UAS is operating. 12. The PIC is prohibited from beginning a CS-UAS flight unless (considering wind and forecast weather conditions) there is enough powerto fly to the first intended point of landing, and assuming normal cruising speed, to fly afterthat for at least 10 minutes.U.S Department ofTransportation October 29, 2015 Page 8 13. Maximumtotal flight time for each operational flight using the CS-UAS will be limited to 40 minutes or the amount oftime the UAS canbeflown and still maintain a reserve battery power ofno less than 25%, whichever occurs first. 14. Flights will be operated at an altitude ofno more than400 feetAGL and will never enter navigable controlled airspace withouttimely prior written authorization and approval from the FAA. Inthe event the structme being inspected exceeds 400 feet AGL, the UAS will notbe operated more than 100 feet above the highestpoint onthe structill'e, and no more than 50 feet horizontally from the structill'e. 15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons otherthanthe PIC, VO, operatortrainees or essential persons), vessels, vehicles, and structmes unless:

a. Barriers or structill'es are present that sufficiently protect nonparticipating persons from the UAand/or debris inthe event ofan accident. The operator must ensme that nonparticipating persons remain under suchprotection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated nearvessels, vehicles or structill'es where the owner/controller ofsuch vessels, vehicles or structill'es has granted permission andthe PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does notpresent an undue hazard, and;

c. Operations nearerto the PIC, VO, operatortrainees or essentialpersons do not present an undue hazard to those persons per§ 91.119(a). 16. The CS-UAS may not be operated less than 500 feet below or less than2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 17. The CS-UAS may not operate within 5 nm ofan airportreference point as denoted on a cmrentFAA-published aeronautical chart unless a letter ofagreement withthat airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required bythe Caribbean Sky CO 

### A. The letter ofagreement withthe airport management will be made available to theAdministrator upon request. 18. Prior to each flight the PIC shall inspectthe CS-UAS to confirmthat 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 inthe relevant sections ofthe operating documents as well as equipment updates. The PIC shall not operate any CS-UAS ifthe inspection reveals a condition that affects the safe operation ofthe CS-UAS until thenecessary maintenance has beenperformed and the CS-UAS is found to be in a condition for safe flight. The ground control station shall be included inthe preflight inspection. All maintenance and alternations must be properly documented inthe UAS'srecords as requiredby Caribbean Sky's Operations Manuals.U.S Department ofTransportation October 29, 2015 Page9 19. Caribbean Skywill timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations will be fully noted in the CS-UAS records, including total time in service, description ofwork accomplished, date completed and the signature ofthe authorized personreturning the CS-UAS to service. 20. Any CS-UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement ofa flight critical component) must timely undergo a functional test flight in accordance with Caribbean Sky's Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and CS-UAS record entry shall be included in the Caribbean Sky's Operations Manuals. 21. The CS-UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and productupdates. 22. Priorto the operation, a Mission Packetwill be created in accordance with the requirements on Caribbean Sky's Operations Manuals. 23. Caribbean Sky will obtain anAir Traffic Orgauization ("ATO") issued Certificate of Waiver orAuthorization, otherwise known as a COA, priorto conducting any operations under this Grant ofExemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements intheATO issued COAincluding class ofairspace, altitude level and potential transponder requirements. 24. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, frre or other appropriate govermnental agencies. 25. Ifthe CS-UAS loses communication withthe PIC, 

### itwill have the capability to safely return to a pre-determined locationwithinthe operational area and land safely. 26. Contingencyplans will be inplace to safely terminate flight ifthere is a loss of communication between the PIC and the Observer. 27. The CS-UAS will have the capability to safely abort flight in the case ofunpredicted obstacles or emergem;ies. 28. PICs and Observers will have at least a current Class III Medical Certificate or a valid and currentU.S. driver's license issued by a state. 29. Priorto conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.5l(b), a minimum of200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a siruilar CS-UAS type platform. This requirement canbe achieved by flights conducted and logged as a hobbyist.U.S Department ofTransportation October 29, 2015 Page 10 30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.5l(b), a minimum ofhours pursuantto 14 CFR 

### § 61.5l(b) as UAS pilot operating the make and model ofCS-UAS to be utilized for operations under the exemption andthree take-offs andthree landing in the preceding 90 days. 31. Operations shall occur during daytime VFRMeteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted. 32. The CS-UAS shall remain clear and yield the right ofway 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. CS-UAS Operations under Instrument FlightRules, at night, or beyond VLOS are prohibited. 34. The UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance withthe general restrictions imposed bythe applicable regulations. Additionally no PIC will provide any film-flight operations while in motion from atop any elevated platform vehicle or device. 35. Before conducting operations, the radio frequency spectrum used for operation and control ofthe CS-UAS will comply withthe Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 

### V. REGULATIONS FROM WHICH EXEMPTION IS REOUESTED The FederalAviationAct expressly grants the FAAthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

### § 40I01 oftheAct, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemptionis inthe public interest.3 Caribbean Sky seeks an exemption from several interrelatedprovisions ofTitle 14 ofthe Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes ofconductingthe requested operations using CS-UAS platforms noted above. Listed below are: (1) the specific sections of 14 C.F.R for which exemptionis sought, and (2) the operating procedures and safeguards that Petitionerhas established which will ensure a level ofsafety betterthan or equal to the rules from which exemption is sought.4

3 49 U.S.C. § 44701(!) (authorizing the grant ofexemptions from requirements ofregulations prescribedpursuantto Sections 44701(a) and (b) and Sections 44702- 44716).

4 14 C.F.R § 11.8l(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, orhowthe exemption wouldprovide a level ofsafety at least equalto that providedbythe rule from which you seek exemption.U.S Department ofTransportation October 29, 2015 Page 11 

### UNMANNED AIRCRAFT SYSTEM A. 14 C.P.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.P.R. §91.203(a)(1) The FAAhas stated that no exemption is needed from this section ifa finding is made under the ReformActthat the UAS selected provides an equivalent level ofsafety whencompared to aircraft normally used for the same application. These criteria are met and in point offact exceeded, and therefore no exemption is needed. 5 If, however, the FAAdetermines that there are some characteristics ofthe chosenUAS that fail to meetthe requirements ofthe Reform Act, an exemptionis requested. EquivalentLevelof Safety Caribbean Sky's use ofthe CS-UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description ofproposed operations in Section IV (A), the CS-UAS weighs less than 55 pounds, including payload and will notbe flown at a ground speed in excess of50 knots. The CS-UAS is also equipped with safety features whichwill allow Petitionerto operate the CS-UAS safely after experiencing certain in-flight contingencies or fuilures as notedbelow. 6 7 Additionally, the CS-UAS carries neitherpilots norpassengers, carries no explosive materials orflanunable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Caribbean Sky's Operations Manuals.

5See Grant ofExemption No. 11062 to Astraeus Aerial (FAA-2014-0352 atpgs. 13-14, 22).

6See e.g., Grant ofExemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The (Dll SIOOO] has the capability to operate safely after experiencing certain in-flight contingencies or failures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss ofglobal positioning system (GPS) or a lost-link event with apre-coordinated, predictable, automated flight maneuver, and manual flight control ftmctionality as a backup. These safety features provide an equivalent level ofsafety compared to amanned aircraft performing a similar operation."

7See e.g., Grant ofExemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): The CS-UAS can be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The CS-UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on amap to create apre-planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built-in intelligent fault handling which allows the CS-UAS to detect a system fault while in the air and automatically fly backto its takeofflocation and land. Faults that can be detected include: loss ofcommunication; exceeding pre-set wind thresholds; and low battery levels. All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point ifthe 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 ofsensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

- to prevent a 'fly away' or otherpotentially dangerous situation

- is available to the operator."U.S Department ofTransportation October 29,2015 Page 12 Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted incompliance with local public safety requirements, to provide security for the area ofoperation. Caribbean Sky will also provide the FAA with advance notice ofall operations viaNOTAMs as required by the applicable COA. In all cases, operation ofthe CS-UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate. Lastly, the CS-UAS do notneed a means to communicate withother aircraft orATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the CS-UAS. 8 

### Inaddition, no sense-and-avoid technology is necessary for the CS-UASs because they will be operated at all times inVFR conditions and within VLOS ofthe PIC and Operator. 9 B. 14 C.F.R. Part 27Airworthiness 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 extentthat Caribbean Sky's small CS-UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified inthe request for exemption from 14 C.F.R. 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 Caribbean Sky seeks an exemption from the aircraft marking and identificationrequirements contained in 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. 

### § 91.9(c), CivilAircraft FlightManual, Marking andPlacard requirements, provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 ofthis chapter.

• 14 C.F.R. 

### § 45.23(b), Markings oftheAircraft, states: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental orprovisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches normore than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

• 14 C.F.R. 

### § 45.27(a), Rotorcraft, states:

8See Grant ofExemption No. 11062 toAstraeusAerial (FAA-2014-0352 atpg. 13).

9• IdU.S Department ofTransportation October 29, 2015 Page 13 Each operator ofa rotorcra:ft must display onthat rotorcraft horizontally onboth surfaces ofthe cabin, fuselage, boom, or tail the marks required by 

### § 45.23. In a previous Grant ofExemption, the FAA determined that exemption from these requirements was warranted provided thatthe aircraft "have identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C ifthe markings are as large as practicable." 10 

### EquivalentLevelof Safety All CS-UAS flown by Caribbean Sky will bearN-number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11 

### D. 14 C.F.R. § 

### 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): 

### Maintenance Inspections Caribbean Sky seeks an exemption from the maintenance inspectionrequirements 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) (statingthat each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections

...have discrepancies repaired as prescribed inpart 43 ofthis chapter"). An exemption from these regulations is needed because Part43 andthese sections only apply to aircraft with an airworthiness certificate, which the UASplatforms to be operated under this grant of exemption will nothave. (Emphasis added) 

### EquivalentLevelof Safety An equivalent level ofsafety will be achieved or exceeded because maintenance and inspections will be timely performed in accordance withthe Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Caribbean Sky's Operations Manuals, the PIC will conduct a pre-flight inspection ofthe CS-UAS and all associated equipmentto account for all discrepancies and/or inoperable components. Maintenance will be performed and verifiedto address any conditions potentially affecting safe operation ofthe CSUAS and no flights will occur unless, anduntil, all flight critical components ofthe CS-UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement ofany flight-critical components. As required by Caribbean Sky's Operations Manuals, the PIC who conducts the functional test flight will make an entry inthe CS-UAS aircraft records ofthe flight. Caribbean Sky's 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

10. FAA DocketNo. FAA-2014-0352. llSee, e.g., FAADocketNo. FAA-2014-0352, at 14.U.S Department ofTransportation October 29, 2015 Page 14 accessories, and spare parts. Further, Caribbean Sky's Operations Manuals also include procedures to document and maintain a record ofthe CS-UAS's maintenance, preventative maintenance, alterations, status ofreplacement /overhaul componentparts, and the total time in service ofthe CS-UAS used under this Grant ofExemption. As a whole, the maintenance and inspection procedures required in Caribbean Sky's Operations Manuals ensure that an equivalent orhigher level ofsafety will be achieved. PILOT-IN-COMMAND OFTHEUAS 

### E. 14 C.F.R. 

### § 61.113: Private Pilot Privileges and Limitations Caribbean Sky seeks exemption from 14 CFR 

### § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation orhire, and would also require a second class medical certificate. The purpose ofPart 61 is to ensure thatthe skill and competency ofany PIC matches the airspace in which the PIC will be operating, as well as requiring certifications ifthe private pilot is carrying passengers or cargo for hire. In this case, while the CS-UASs will be operated as part ofa commercial operation, they carry neither passengers nor cargo. Inthe Grant ofExemptiontoAstraeus Aerial, the FAA determined thatthe unique characteristics ofUAS operation outside ofcontrolled airspace did not warrantthe additional cost and restrictions attendant withrequiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. 12 The fulfillment ofthe additional requirements for a private pilot to become qualified as a commercial pilot would not leadto any additional safety benefits whenUAS operations are involved. EquivalentLevelof Safety The restrictions Caribbean Sky has placed onits CS-UAS operations meet or exceed the restrictions similarly imposed onAstraeusAerial. Caribbean Skywill operate onprivate property or approved location away from persons and property not involved inthe operation. Caribbean Sky will also obtain anATO issued COAprior to conducting any operations underthis Grant of Exemption. All operations will be conducted in accordance with airspace requirements inthe ATO issued COAincluding class ofairspace, altitude level and potential transponder requirements. A NOT AM will also be issued as required bythe applicable CO

### A. In additionto these flight restrictions, Caribbean Sky 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 inthe unique aspects ofCS-UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in CS-UAS operations generally buthave logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights onbehalfofCaribbean Sky. Thepilot qualification, training, and currency requirements inthe Operations Manuals ensure that Caribbean Sky pilots are competent andproficient in the CS-UAS they are operating. Caribbean Sky's training and qualificationrequirements are consistent with those contained inprior FAA Section 333 Grants ofExemption, and will provide a higher level ofcompetency and proficiency for its pilots and will ensure at least an equivalent level ofsafety to the public.

"Exemption No. 11062 (FAA DocketNo. FAA-2014-0352).. U.S Department ofTransportation October 29, 2015 Page 15 

### OPERATING PARAMETERS OF THE UAS F. 14 C.F.R. § 

### 91.7(a): CivilAircraftAirworthiness Inasmuch as there will be no airworthiness certificate issued for the UASs, Caribbean Sky 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 FAAhas stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extentthat the requirements ofPart 21 are waived orfound inapplicable. 13 Accordingly, Petitioner requests thatthe requirements for§ 91.7(a) be treated in accordance with SectionV (A), supra. 

### G. 14 C.F.R. § 

### 91.9(b)(2): Civil Aircraft Flight Manual in theAircraft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying CivilAircraft Certification and Registration Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operatorto carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuantto 14 C.F.R. § 91.9(b) (2): (b) No person mayoperate a U.S.-registered civil aircraft- (2) Forwhich anAirplane orRotorcraft Flight Manual is required by§ 21.5 ofthis chapter, unless there is available inthe aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuantto 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless ithas within itthe following: (1) 

### An appropriate and current airworthiness certificate

... (b) No personmay operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under§ 91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. Given the small size and configuration ofthe CS-UAS, itwould be impossible to keep airworthiness documents and other aircraft manuals onboard the CS-UAS because there is simplyno room andthe CS-UAS has no cabin or cockpit. As a way to comply with the code Caribbean Sky will maintain the documents with the PIC and make them available for inspection. 

### EquivalentLevelof Safety In anFAA Office ofChiefCounsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC-220, it was acknowledged thatthe intent of14 C.F.R. 91.9(b) and

"seeId. at 13-14,22.U.S Department ofTransportation October 29, 2015 Page 16 91.203(a) and (b) is met ifthe pilot ofthe 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 operatingthe aircraft. 14 As this FAA Office ofChiefCounsel Opinion clarifies, the intent ofthe rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level ofsafetywill be achieved by ensuring that the pilot has access to the documents atthe ground control station from which he or she is piloting the UAS. 

### H. 14 C.F.R. § 

### 91.103: PreflightAction Caribbean Sky seeks an exemption from 14 C.F.R. 

### § 91.103, which requires a PIC to become familiar with specific informationbefore each flight, including information contained in the FAA-approved Flight Manual onboardthe aircraft. While the PIC will be familiar with all informationnecessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required. 

### EquivalentLevelof Safety An equivalent level ofsafety will be provided by following the Caribbean Sky's Operations Manuals andthe Manufacturer's Manual. The PIC will perform a series ofchecklists designed to identify any defects orinoperable components in accordance withthe Caribbean Sky's Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoffdistance, UAperformance data, and contingency landing areas-before initiation offlight. Caribbean Sky's Operations Manuals and the Manufacturer's Manual will be kept atthe ground control station and will be accessible to the PIC at all times while operating theUAS. 

### I. 14 C.F.R. § 91.109(a): Flight Instruction Caribbean Sky seeks an exemption from 14 C.F.R. 

### § 91.109(a), whichprovides inpertinent part that "[n]o person may operate a civil aircraft (except a marmed 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 accomplishedthrough the use ofa device that communicates withthe aircraft viaradio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. 

### § 91.109(a). 

### EquivalentLevelof Safety Given the size and speed ofthe UASs that Caribbean Sky intends to use, an equivalent level of safe training can still beperformed without dual controls because no pilot orpassengers are aboard the UAS, and as required bythe Caribbean Sky's Operations Manuals, all persons will be a safe distance away in the eventthat the UAS experiences any difficulties during flight

14 Memorandum from Mark Bury, FAAAssistant ChiefCounsel for International Law, Legislation and Regulation, to John Duncan, FAAFlight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.U.S Department ofTransportation October 29, 2015 Page 17 instruction. Moreover, as required by the Caribbean Sky's Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safetyprocedures provided for 

### in Caribbean Sky's Operations Manuals ensure thatthe proposed UAS operations provide an equivalent orhigher level ofsafetythanthat provided by the flight instruction regulations. J. 14 C.F.R. § 91.119(c): Minimum SafeAltitudes Caribbean Sky 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 notoperate, 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 onthe surface," provided that "eachperson operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

### An exemption is required becausethe proposed CS-UAS operationwill normally needto occur below400 feet AGL. 

### Incircumstances where the CS-UAS is used to inspect a structure whose height exceeds 400 feet AGL, the CS-UAS will not be operated more than 100 feet above the highestpoint onthe structure, andwithin 50 feet horizontally ofthe structure. Additionally, due the nature ofthe proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the CS-UAS. EquivalentLevelof Safety Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack offlanunable fuel withthe above noted UASs, any risk associated with these operations is far less thanthose which presently existwith conventional aircraft. 

### An equivalent level ofsafety will be achieved giventhe size, weight, and speed ofthe CS-UASs, as well as the controlled location where the operations will occur. 

### Inorderto avoid any riskto manned aircraft, flight operations will be restricted to 400 feet AGL orbelow, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point onthat structure and 50 feet horizontally ofthe structure. As set forth inthe Operations Manuals, the CS-UASs will be operated in a restricted area, and all flights will be operated at a lateral distance ofat least 500 feet from any nonparticipating persons, unless that person is in a positionwhere he or she is shielded from the CS-UAS and any possible debris resulting from its failure. Asrequired bythe Operations Manuals, flights will be terminated ifa nonparticipating personwithin 500 feet ofthe CS-UAS leaves a shieldedposition. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controllertimely has grantedpermission andthe PIC has made a safety assessment ofthe risk ofoperating closerto those objects and, operations nearthe PIC or

15Relieffrom § 91.119(a) will notbe necessary because Petitioner willbe able to perform an emergency landing without undue hazard to persons orproperty onthe ground inthe event ofa failure. Petitioner's proposed UAS operations willnot occur over congested areas, andtherefore an exemption from§ 91.119(h) will notbe necessary. See e.g., Grant ofExemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial(FAA-2014-0534 at 15).U.S Department ofTransportation October 29, 2015 Page 18 Observer will not present an undue hazard per§ 91.119(a). Adherence to these restrictions in Caribbean Sky's Operations Manuals will ensure operations canbe conducted without compromisingpublic safety. 16 K. 14 C.F.R. § 91.121: Altimeter Settings Caribbean Sky seeks an exemption from 14 C.F.R. § 91.121, whichrequires a person operating an aircraft to maintain cruising altitude or flight level byreference to an altimeterthat is set to the elevation ofthe departure airport orbarometric pressure. 

### An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. EquivalentLevelof Safety The FAAhas statedthat an equivalent level ofsafety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UAS will be operated below 400 feet AGL or below17

, (2) withinVLOS, (3) where GPS based altitude information is relayed inreal time to the operator at a ground-based on-screen display and, (4) where priorto each flight, a zero altitude initiationpoint is established for the PIC to confirm accuracy ofthe onboard GPS. 18 The CS-UAS that Caribbean Sky intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Caribbean Sky's 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 ofExemption, the CS-UAS Caribbean Sky intends to use, and the safety mitigationprocedures contained inthe Operations Manuals, both ensure that an equivalent level ofsafety or greater level will be achieved, and a Grant ofExemptionto the requirements of 

### § 191.121 is therefore appropriate. L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Caribbean Sky requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

16See e.g., Grant ofExemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "Ifbarriers or structures are present that can sufficientlyprotectnonparticipating persons from the UA or debris inthe event ofan accident, then the UA may operate closerthan 500 feet to persons afforded suchprotection. The operatormust also ensure that nonparticipatingpersons remainunder such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety ofthose nonparticipating persons. In addition, the FAA finds that operations may be conducted closerthan 500 feet to vessels, vehicles and structures whenthe owner/controller ofany such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closerto those objects and determines that it does notpresent anundue hazard,,.

17Ifthe height ofthe structurebeing inspected exceeds 400 feet AGL, the UAS will notbe operated more than 100 feet above the highest point on the structure. 18See Grant ofExemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).U.S Department ofTransportation October 29, 2015 Page 19 (a) No person may begin a flight in an airplane underVFR 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 onUAS batterypower means that no meaningful flight operations can be conducted while still maintaining a 30-minute batteryreserve. An exemption from the fuel requirements of 14 C.F.R. 

### § 91.151(a) is therefore required. Moreover, itis not Caribbean Sky's intention to fly the CS-UASs atnight. 

### EquivalentLevelof Safety In the Grant ofExemptionto VDOS (Exemption No. 11112), the FAAdetermined that an equivalent level ofsafetyto the fuel requirements for flight inVFRconditions could be achieved byprohibitingthe PIC from beginning a CS-UAS flight unless (considering wind and forecast weather conditions) there was enoughpower to fly to the first intended point oflanding and, assuming normal cruising speed, to fly after that for at least 10 minutes. Inreaching this conclusion, the FAA consideredthat the UAS batteries for the CS-UAS provide approximately 50 minutes ofpowered flight (withpayload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also consideredthe fact the CS-UAS operating manual states: "start every flight with a fully charged battery inthe aerial vehicle", and that in the eventthat the CS-UAS should run low onpower, the PIC will be alerted and can safely land the- CS-UAS as soon as possible. Like theVDOS Grant ofExemption, Caribbean Sky's use ofthe CS-UAS, combined withthe requirements ofPetitioner's Operations Manuals, ensure that an equivalent level ofsafety can be achieved and infact exceeded. Similarly, inthe Grant ofExemptionto Alan Purwin (ExemptionNo. 11161), the FAA determined that an equivalent level ofsafetyto the fuel requirements for flight inVFR conditions couldbe achieved byprohibiting the PIC from beginning a flight withthe UAunless (considering wind and forecast weather conditions), there was enoughpower to safely fly at normal cruising speed to the intended landing point and land the UAwith 25% battery power remaining. Caribbean Sky will adhere to this limitationfor its CS-UAS flights. The CS-UAS includes a low battery warning system andthe amount ofbattery reserve power remaining is continuously transmitted to the PIC viatelemetric data feed, which downlinks from the CS-UAS to a ground-based-on-screen display. 20 Asrequired by Caribbean Sky's Operations Manuals, the PIC will promptly fly the CS-UAS back to the home launch location or predetermined abort location where it may safely land, while still maintaining a minimum of25% reserve battery power. Caribbean Sky submits thatthe procedures requiring flights to be safely

19. Grant ofExemptionNo. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 20. The CS-UAS ground control station displays the UAS's position, navigationroute, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and orientationrelative to the UAS.U.S Department ofTransportation October 29, 2015 Page20 terminated once the batteries fall below 25% capacity, combined with the requirement thaUlights only be conducted within a secure, isolated area, using a UAS weighing less than 55 pounds, and withinVLOS ofthe PIC and Observer(s), ensure that the proposed operationwill provide an equivalent orhigher level ofsafety to the public to that provided by the regulations from which exemption is sought. 

### VI. DRUGAND ALCOHOL PROGRAM Caribbean Sky will have policies inplace to ensure that no person may participate in CS-UAS flight operations ifthey are under the influence ofalcohol or any drug. 

### VII. PUBLIC INTEREST The public interest will be served by granting Caribbean Sky's Petition for Exemption. Congress has established a national policy that favors early integration ofUAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal inpassing Section 333(a) through (c) ofthe Reform Act-the FAAAdministrator's assessment ofwhether certainUAS may operate safely in the NAS before completion ofthe statutorilyrequired rulemaking. The proposed CS-UAS operations in this Petition for Exemption significantly improves the safety and reduces risk ofharm, physical injury and property damage to the public at large, the property owners from whom permissionwas granted for use byPetitioner and abutting properties, staffofPetitioner, unsuspecting passersby, inspecting engineers from relevant organizations and all those who maybe in the local vicinity. Traditional methods ofinspecting andmonitoringpotential locations and relevant sites and facilities requires location personnel to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for which the individual is neither trained nor equippedto perform, which exposes themto unnecessary risk ofserious physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposedto hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifYing specific locations for potential recording sites to be used inthe end product. The use ofsmall UAS can eliminate these hazards and ultimately create a much safer method of performingthese types ofinspections creating a safer environmentfor the public as well as Caribbean Sky employees. The use ofsmall UAS also enhances safety and reduces riskto the surroundingpublic because, unlike manned aircraft weighing thousands ofpounds, carrying crew in addition to flanunable fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, inthe unlikely event of an accident, Caribbean Sky's small battery powered CS-UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft." As

21See Grant ofExemptionNo. 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 withno onboardpilot or crew. The pilot and crew willberemotely locatedfrom the aircraft. The limited weight significantlyreduces the potential for harm to participating and nonparticipating individuals or property inthe event ofan incident or accident. Risk to an onboardpilot and crew during an incident or accident is ellminated with the use ofa UA for the aerial filming operation."U.S Department ofTransportation October 29, 2015 Page21 Petitioner's CS-UAS are battery powered, the public will also benefit from a reduction inharmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved withthe reduction offuel powered vehicles. Lastly, as recognized by the FAA in prior Section 333 Grants ofExemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree offlexibility, which supplements the current capabilities offered by manned aircraft.22 The quality ofthe finished product is enhanced and provides a greater finished product demand which will aidthe current UAS industry and provide additionaljobs as the cost of providing the needed product is greatly reduced while reducing the difficulty withwhichthe finished product is created. The demand for the current industrial product is increasing and will continueto increase given the enhanced flexibility ofproduction; therefore, giventhe lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of commercial UAS along with an appropriate licensed PIC:s. 

### VIII. PRIVACY All CS-UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted overprivate or controlled-access property withpermission from the land owner/controller or authorized representative. Permission from land owner/controller or authorizedrepresentative will be obtained for each flight to be conducted. 

### IX. FEDERAL REGISTER SUMMARY Pursuantto 14 C.F.R. Part 11, the following surmnary is provided for publication inthe FEDERALREGISTER, should itbe determined thatpublicationis needed: Petitioner seeks an exemption from the following rules inTitle 14 ofthe Code ofFederal 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 byreducing riskto the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed-wing aircraft, rotorcraft, or other methods. X. 

### CONCLUSION Caribbean Sky's Petition for Exemption satisfies the criteria articulated in Section 333 ofthe ReformAct of2012 which includes weight; speed; operating capabilities; proximity to airports and populated areas; operationwithinVLOS and national security. The proposed CS-UAS

22See e.g., Grant ofExemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).U.S Department ofTransportation October 29, 2015 Page22 operations will benefit the public as a whole by improving safety and reducingrisk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration ofthe foregoing, this Petition for Exemption provides the FAAwith more than adequatejustificationfor granting the requested exemptions allowing Caribbean Sky to use small CS-UASs in the recorded production ofits product. We thank you for yourprompt consideration ofourrequested exemptions. Respectfully Submitted,



# ~~lmkuhlcr Caribbean Sky Hawk Productions 35 Pompano Ave Key Largo, FL 33037 Phone: 305.394.0969: Email: 

### inf(l(ii)C:<ll'ibbcanskyhawk.com (The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom ofInformationAct, 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. PIC Operating Manual 3. Company Protocols 4. LocationProtocols 5. Flight Communications Protocols 6. Departing LocationProtocols 7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist 11. UAS Manufacturer's Manuals a. User Manuals b. UAS Maintenance Manuals