**February 21, 2016**

**U.S**

**. Department**  **of Tran**  **spo rtation** 

**Docket Management System**  **1200 New Jersey Ave., SE** 

**Wa s**  **hington, D.C** 

**. 20590** 

**Re: Petition of**  **Sky Drone Pro for Exemption from Certain Federal**  **Aviation Regulations to Operate Unmanned Aircraft**  **Systems Pursuant to Section**  **333 of**  **the**

**FAA Modernization**  **and Reform Act**

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderni za tion and Reform Act ("FMRA") and 1 4 C.F.R. part 11

, Back2School Texas, LLC d/b/a as Sky Drone Pro ("SkyDrone") hereby petitions the

Federal Aviation Administration ("FAA") for exemption from 14 C.F.R. §§ 45.23 (b), 61.113(a) and (b)

, 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91. 417(a) and (b), 407(a)(1), 409(a)(2), 417(a) and (b), 91. 121, 91.151(a), 91.203(a) and (b) and 91.405(a)

, and any other

rules the FAA deems necessary, to enable SkyDrone to operate unmanned aircraft systems ("UAS") for aerial data collection. Specifically

, SkyDrone see k s to operate UAS for aerial video and photography, real estate marketing and facilities in s pection using the DJI Phantom 3,

3DR Solo , Yuneec Q500+, and the DJI Inspire 1. Becau se thi s petition is similar in all material respects to previou s ly

- granted Section 333 petitions, SkyDrone requ ests expedited approval pursuant to the FAA's summary grant process

.

**I.** 

### PROPOSED OPERATIONS

The requested exemption would permit commercial operation of SkyDrone [unmanned aerial systems, a multi rotor aircraft, weighing less than 55 lbs. including ca rgo. The applications for this s UAS device would consist of still photographs and/or video taken by

an onboard camera and associated data processing functions and used for aerial videography and photography for weddings and special events, real estate, filmmaking and aerial inspections on construction sites of difficult to reach equipment or structures. Use of

the sUAS for these purposes reduces the need to operate conventional aircraft or other equipment for the same purpose and provides very high quality imagery at a fraction of the

cost of surveys and inspec tions using conventional means.

Likewise, inspections of structures can be safely 

### performed without endangering the inspector or inhibiting local indus trial or public operations with ladders, lifts or other equipment. These savings result in enhanced safety 

### efficiency and productivity for the

affected activities, as well as environmental benefits and potential savings in both cost and hazards to the publ ic.

### II. THE UAS

SkyDrone requests an exempt ion to operate the DJI Phantom 3 , 3DR Solo, Yuneec Q500 , and the DJI Inspire 1, all of which are well below 55 pounds including payload. Through the Section 333 exemption process, the FAA has authorized use of all UAS for which exemption is requested herein. 1



### III. **REQUEST FOR SUMMARY GRANT**

Because this petition is similar in material respects to previous petitions the FAA has granted, SkyDrone requests that the FAA issue a summary grant of exemption pursuant to the agency's expedited summary grant process. Specifically, the public interest and safety benefits SkyDrone’s operations will achieve are materially similar to those recognized in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA

- 20 14

- 0352), 111 09 to Clay co,

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).

SkyDrone will adhere to a series of operating parameters that will offer the same level of safety

as the conditions the FAA currently requires in its summary grants 2

.



### IV. APPLICANT INFORMATION

The name and contact information of the applicant is:

Paul Alex Islas Back2School Texas, LLC d/b/a/ Sky Drone Pro 302 Lorenaly Drive, Suite E
Brownsville, TX 78520 (956)299

- 0571 • (956)525

- 0766 • (210) 993

- 3555 paul.islas@back2schooltx.com

Regulations from which exemption is requested:

14 C.F.R. § 45.23 (b) ;

14 C.F.R. §§ 61.113(a) and (b) ;

14 C.F.R. § 91.7(a) ;

14 C.F.R. § 91.9(b)(2) ;

14 C.F.R. § 91.103 ;

14 C.F.R. § 91.109 ;

14 C.F.R. § 91.119 ;

14 C.F.R. §§ 91.417(a) and (b) ;

14 C.F.R. § 91. 407(a)(1) ;

1 See Exemption No. 11274A to United Services Automobile Association, Regulat or y Docket No. FAA

- 2014

- 0796 (authorizing use of
the 3DR Solo, DJI Phantom 3, and DJl lnspire); Exemption No. 11875 to Green Bee Limited, Regulatory Docket No. F AA

- 20 15

- 0698 (authorizing use of the DJI Phantom 2); Exemption No. 12023 to William J. Henderson, Regulatory Docket No. FAA

- 2015

- 1518 (authorizing use of the Yuneec Q500 Typhoon).

2 See, e.g., Exemption No. 12160 to Star Engineering Services LLC, Regulat or y Docket No. FAA

- 20 15

- 1690 (Jul. 27, 20 15).14 C.F.R. § 91. 409(a)(2) ;

14 C.F.R. §§ 91. 417(a) and (b) ;

14 C.F.R. § 91. 121;

14 C.F.R. § 91.151(a) ;

14 C.F.R. §§ 91.203(a) and (b) ;

14 C.F.R. § 91.405(a)

.



### V. OPERATING PARAMETERS

SkyDrone will adhere to the following operat ing parameters when operating U AS pursuant to a grant of the requested exemption:

1. Operations will be conducted using the DJI Phantom 3, 3DR Solo, Yuneec Q500+, and the DJI Inspire 1.

2. The UAS will not be operated at a speed exceeding 87 kno ts (100 miles per hour), at an altitude greater than 400 feet above ground level, or, when visibil ity is less than 3

statute miles, less than 500 feet below or 2,000 feet horizontally from a cloud. All operations will be conducted during the day under visual meteorological conditions.

3. All operations will be co nducted in accordance with a Cer tificate o f Waiver or Authorization ("CO A'').

4. All operations will use a pilot

- in

- command ("PIC") and a visual observer ("VO"), and

the UAS will remain within the visual line of sight of the PIC or the VO at all times.

The PIC will maintain VLOS capability and the a bility to communicate verbally with

the VO at all times.

5. The PIC will hold an airline transp or t, commercial, private, recreational, or sport pilot

ce rtificate, as well as an FAA air man medical certificate or a valid U.S. driver's license.

The PIC will mee t 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. SkyDrone will ensure prior to operation that the PIC has demonstrated the ability to safely operate the UAS in a m anner consistent with how the UAS will be operated

under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pe rsons, vessels, vehicles and stru ctures. PIC qualification flight hours and currency will be logged in a m anner consistent with 14 C.F.R. § 61.51(b).

7. SkyDrone’s operating documents will be accessible during UAS operations and made available to the Administrator upon request.8. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the U AS is found to be in a conditio n for safe flight.

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, will undergo a

functional tes t flight prior to conducting fur ther operation s under this exemption.

10. SkyDrone will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements, as well as safety bulletins, for the aircraft and aircraft components.

11. The PIC will ab or t the flight in the e vent of unpredicted obstacles or emergencies, and will yield to all manned aviation activities.

12. SkyDrone will register and mark its UAS in accordance with 14 C.P.R. parts 47 and 45.



### VI. THE FAA'S AUTHORITY TO GRANT THIS PETITION

The FAA has authority to grant the exemption requested herein under the FMRA and the Federal Aviation Act. Section 333 of the FMRA deals specifically with integrating UAS into the national airspace, and directs the Secretary of Transportation to determine which UAS, "as

a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a t hreat to national security." 3 Section 333 further directs the Secretary to "establish requirements for the safe operation of such aircraft systems in the national airspace system. " 4 The Federal Aviation Act authorizes the Administrator of the FAA to grant exemptions from regulations prescribed under certain provisions of the Act where such exemptions are in the public interest. 5 Pa rt 11 of the Federal Aviation Regulations governs the FAA's exemption process and requirements. 6 The FAA has granted more than 1,100 exemptions to date purs uant to its Section 333 and exemption authority, enabling commercial UAS operations in a wide variety of industries.

3 Pub. L. No. 112

- 95, 126 Stat. 75

- 76 (codified as a Note to 4 9 U.S.C. § 40101).

4 Id.

5 49 U.S.C. § 44701 (f) ("The Administrator may grant an exemption fi·om a requirement of a regulation prescribed under subsect ion (a)
or (b) of this section or any of sections 44702

- 44716 of this title if the Administrator finds t he exemption is in the public interest.").

6 See 49 C.F.R. Part 11

.

### VII. SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER

Should the FAA determine that publication in the Federal Register is required, SkyDrone offers the following summar y pursuant to section 11.81 of the FAA's rules: 7

Petitioner: Sky Drone Pro

Sections of 14 C. FR. Affected: 14 C.F.R. § 45.23 (b) ; 14 C.F.R. §§ 61.113(a) and (b) ; 14 C.F.R.

§ 91.7(a) ; 14 C.F.R. § 91.9(b)(2) ; 14 C.F.R. § 91.103 ; 14 C.F.R. § 91.109 ; 14 C.F.R. § 91.119 ;

14 C.F.R. §§ 91.417(a) and (b) ; 14 C.F.R. § 91. 407(a)(1) ; 14 C.F.R. § 91. 409(a)(2) ; 14 C.F.R.

§§ 91. 417(a) and (b) ; 14 C.F.R. § 91. 121; 14 C.F.R. § 91.151(a) ; 14 C.F.R. §§ 91.203(a) and

(b) ; 14 C.F.R. § 91. 405(a)

.

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. § 45.23

(b) ; 14 C.F.R. §§ 61.113(a) and (b) ; 14 C.F.R. § 91.7(a) ; 14 C.F.R. § 91.9(b)(2) ; 14 C.F.R. §

91.103 ; 14 C.F.R. § 91.109 ; 14 C.F.R. § 91.119 ; 14 C.F.R. §§ 91.417(a) and (b) ; 14 C.F.R. §

91. 407(a)(1) ; 14 C.F.R. § 91. 409(a)(2) ; 14 C.F.R. §§ 91. 417(a) and (b) ; 14 C.F.R. § 91. 121; 14

C.F.R. § 91.151(a) ; 14 C.F.R. §§ 91.203(a) and (b) ; 14 C.F.R. § 91.405(a) to operate unmanned aerial systems for newsgathering, content production, and facilities inspection.



### VIII. CONCLUSION

As demonstrated above, the UAS operations SkyDrone has proposed in this petition for exemption will garner significant public benefits while presenting minimal safety risks

.

SkyDrone 's petition satisfies the criteria of Section 333 of the FMRA and is substantially

similar to previous petitions the FAA has granted, meriting a summary grant of exemption. SkyDrone respectfully requests that the FAA grant this petition to enhan ce SkyDrone 's ability

to produce marketing and visual art material

.

Sincerely,

Paul Alex Islas Sky Drone Pro

7 Id. § 11.81(f).