UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SKYSURV LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNI NG COMMERCIAL

OPERATION OF UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLI C LAW 112- 95)

Submitted on October 16, 2015

SKYSURV LLC Kelly Ness

36 19 th Ave. N Hopkins, MN 55343

Cell: 612.419.95832 

### TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS .........................

................................................... ........................................... 3

SUMMARY ...........................................

................................................... ................................................... .............. 4

INTRODUCTION AND INTERESTS OF THE PETITIONER ......

................................................... ...................... 4

BACKGROUND ........................................

................................................... ................................................... ......... 4

BASIS FOR PETITION ................................

................................................... ................................................... ...... 4

A. NAME AND ADDRESS OF THE PETITIONER. ............

................................................... ............................... 5

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SK YSURV LLC SEEKS EXEMPTION. ............. 5

C. THE EXTENT OF RELIEF SKYSURV LLC SEEKS AND THE R EASON SKYSURV LLC SEEKS THE

RELIEF. ...........................................

................................................... ................................................... .................... 8

D. THE REASONS WHY GRANTING SKYSURV LLC REQUEST WOU LD BE IN ....................................... 10

THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE. ................. 10

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY,12

E.A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL RE GISTER, STATING: THE RULES FROM

WHICH SKYSURV LLC SEEKS EXEMPTION: ................

................................................... .............................. 20

F.ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO SUPPORT SKYSURV LLC REQUEST. ......................................

................................................... ................................................... .......... 20

CONCLUSION ........................................

................................................... ................................................... .......... 21

Appendix A - Safety Checklist Appendix B – Inspire 1 Manual Appendix C – Aero M Manual Appendix D – Inspire 1 Maintenance Appendix E – Aero M Maintenance Appendix F – Flight Log3 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 201 2 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY SKYSURV LLC seeks exemption from the requirements o f 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to oper ate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (FMRA). This exemption will permit SKYSURV LLC to operate an Unm anned Aircraft System (UAS) for the commercial purpose of conducting aerial pho tography and aerial data collection operations of construction sites, real estate, and landscape over certain areas of the United

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER SKYSURV LLC is an aerial data collection company pr oviding its clients with data generated from aerial products. Kelly Ness (owner o f SKYSURV LLC) has over 12 years of professional experience as a land surveyor. SKYS URV LLC has been building expertise in aerial data collection since 2013. The objective of SKYSURV LLC aerial photography and aerial data collection operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifica lly targeting:

• Aerial Photography

• Aerial Data Collection

BACKGROUND Unmanned Aircraft Systems: UAS SKYSURV LLC seeks an exemption to operate UAS for c ompensation or hire within the NAS. SKYSURV LLC is planning on utilizin g the following aircraft:

• DJI - Inspire 1

• 3D Robotics – Aero M

The UAS that will be operated by SKYSURV LLC will b e registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, SKYSURV LLC, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) an d the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commerciall y operate the UAS in the National Airspace System (NAS), and for an exemptio n from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and li mited operating area associated with the unmanned aircraft and its operation, SKYSU RV LLC operation of UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart H. Accordingly, SKYSURV LLC requests relief from Secti ons 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements for maintenance that only apply to aircraft with an air worthiness certificate.5 SKYSURV LLC submits that the requested relief is p roper since an equivalent level of safety will be ensured. SKYSURV LLC will u se experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescr ibed in the operating documents (i.e., Monthly Maintenance Log, and UAS Instruction Manual ). Furthermore, SKYSURV

LLC will document and maintain all maintenance reco rds for the UAS. Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by SKYSURV LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certifica te, and who has demonstrated, by meeting minimum flight- hour and currency requirements, tha t the PIC is able to safely operate the UAS in a manner consistent with this exemption, inc luding evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and

structures. SKYSURV LLC seeks relief from Section 91.7(a), enti tled Civil aircraft

airworthiness , because the UAS do not require an airworthiness c ertificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SKYSURV LLC submits that he will ensure that the UAS are in an airworthy condition, prior t o every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and Instruction Manuals), and that the aircraft are in a condition for safe flight. SKYSURV LLC also seeks an exemption from the requir ements of Section 91.121,

entitled Altimeter Settings , as the UAS will not have a typical barometric alt imeter onboard. However, altitude information of the UAS w ill be provided to the PIC via Global Positioning System (GPS) equipment and radio commun ications telemetry data link, which

downlinks from the UA to the GCS for active monitor ing of the flight path. This altitude information, combined with SKYSURV LLC operation of the UAS within visual line of sight, at or below 500 feet AGL, will ensure a leve l of safety equivalent to Section 91.121. Additionally, SKYSURV LLC seeks an exemption from t he requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . SKYSURV LLC submits that safety will not be affected by ope ration of the UAS during daylight hours in visual meteorological conditions (VMC) und er visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, SKYSURV LLC p rovides the following information in support of its petition for exemption:

A. NAME AND ADDRESS OF THE PETITIONER. The name and address of the Petitioner and point of contact is:

SKYSURV LLC Kelly Ness

36 19th Ave N Hopkins, MN 55343

Phone: 612.888.6377

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SK YSURV LLC

SEEKS EXEMPTION.6 1. SKYSURV LLC Seeks Exemption From The Requirements O f Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges a nd limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire , act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if— (1) The flight is only incidental to that business or e mployment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. SKYSURV LLC Seeks Exemption From The Requirements O f Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. SKYSURV LLC Seeks Exemption From The Requirements O f Section

91.121.

Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part: (a) Each person operating an aircraft shall maintai n the cruising altitude or flight level of that aircraft, as the case may be, by refe rence to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed i n paragraph (a)(1)(i) of this section, the current reported altimeter set ting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radi o, the elevation of the departure airport or an appropriate altimeter s etting available before departure.

4. SKYSURV LLC Seeks Exemption From The Requirements O f Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assumin g normal cruising speed, to fly after that for at least 20 minutes.

5. SKYSURV LLC Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the following:7 Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. SKYSURV LLC Seeks Exemption From The Requirements O f Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance

, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has und ergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. SKYSURV LLC Seeks Exemption From The Requirements O f Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this sec tion, no person may operate an aircraft unless, within the preceding 12 calendar m onths, it has had -- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person aut horized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. SKYSURV LLC Seeks Exemption From The Requirement s Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91. 411 and 91.413, each registered owner or operator shall keep the followi ng records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each aircraft (inc luding the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include-- (i) A description (or reference to data acceptable to t he Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information: (i) The total time in service of the airframe, each eng ine, each propeller,

and each rotor. (ii) The current status of life-limited parts of each ai rframe, engine, propeller, rotor, and appliance.8 (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time b asis. (iv) The current inspection status of the aircraft, incl uding the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness dire ctives (AD) and safety directives including, for each, the method o f compliance, the AD or safety directive number and revision date. If th e AD or safety directive involves recurring action, the time and d ate when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the followin g records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this s ection shall be retained until the work is repeated or superseded by other w ork or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this s ection shall be retained

and transferred with the aircraft at the time the a ircraft is sold. (3) A list of defects furnished to a registered owner o r operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

C. THE EXTENT OF RELIEF SKYSURV LLC SEEKS AND THE R EASON

SKYSURV LLC SEEKS THE RELIEF.

1. Extent Of Relief SKYSURV LLC Seeks And The Reaso n SKYSURV LLC Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a P IC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour an d currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does n ot carry passengers or property for compensation or hire. As set forth more fully below, SKYSURV LLC submits that an equivalent level of safety will be maintained because no PIC will be al lowed to operate the UAS unless that PIC has met certain flight-hour and currency requir ements, demonstrating that the PIC is able to safely operate either the UAS in a manner c onsistent with the operations specifications as described in this exemption, incl uding evasive and emergency maneuvers, as well as maintaining appropriate distances from p eople, vessels, vehicles and structures. Further, SKYSURV LLC submits that all flights of th e UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to SKYSURV LLC business; and (2) will not carry passengers or property for compensation or hire.9 2. Extent Of Relief SKYSURV LLC Seeks And The Reaso n SKYSURV LLC Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow SKYSURV LLC to determine t hat the UAS are in airworthy condition prior to every flight by ensuring that th e UAS is in compliance with the operating documents (i.e., the SKYSURV LLC Aerial O perations Manual, Monthly Maintenance Log, and UAS Instruction Manual). SKYSURV LLC seeks the requested relief because the UAS does not require an

airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Therefore,

SKYSURV LLC will ensure that the UAS are in airwort hy condition based upon its compliance with the operating documents (i.e., Mont hly Maintenance Log, and UAS Manual) prior to every flight, and further, determi ne that the aircraft are in condition for safe flight, as stated in the conditions and limita tions below.

3. Extent Of Relief SKYSURV LLC Seeks And The Reason S KYSURV

LLC Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the UAS, which utilize a barom etric pressure sensor, GPS equipment, and a radio communications telemetry data link to d ownlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude inf ormation concerning UAS operations be reported to air traffic control (ATC) in feet ab ove ground level (AGL), SKYSURV LLC seeks the requested relief because the UA’s alt imeter may be set on the ground to zero feet AGL, rather than the local barometric pre ssure or field altitude, before each flight. Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth h erein, an equivalent level of safety will be maintained since the UAS are equipped with a bar ometric pressure sensor and GPS equipment, which automatically ensures that a groun d level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief SKYSURV LLC Seeks And The Reason S KYSURV LLC Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR),. SKYSURV LLC seeks the requeste d relief because without an exemption from Section 91.151(b), the flight time d uration of the battery powered UAS will severely constrain the practicality of any aer ial photography and aerial data collection operations that SKYSURV LLC proposes to conduct pursuant to this

Petition. Significantly, as set forth below, the technical sp ecifications of the UAS, the operating documents, and SKYSURV LLC proposed opera ting limitations, ensure that SKYSURV LLC will safely operate the battery powered UAS during daylight hours in visual meteorological conditions (VMC), under visua l flight rules (VFR), with enough battery power to fly for a total duration of 13.5 m inutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.10 5. Extent Of Relief SKYSURV LLC Seeks And The Reason S KYSURV LLC Seeks Relief From Sections 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certif icate, SKYSURV LLC requests relief from these Sections because the UAS do not require airworthiness certificates. As set forth more fully below, the UAS meet the conditions of FM RA Section 333 for operation without an airworthiness certificate. Accordingly, SKYSURV LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescr ibed in the UAS operating documents (i.e., the SKYSURV LLC Aerial Operations Manual, Mo nthly Maintenance Log, and Instruction Manual). Furthermore, SKYSURV LLC will document and maintain all

maintenance records for the UAS.

D. THE REASONS WHY GRANTING SKYSURV LLC REQUEST WOU LD BE IN THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC

AS A WHOLE. Granting the present Petition will further the publ ic interest by allowing SKYSURV LLC to safely, efficiently, and economicall y perform aerial photography and aerial data collection operations of construction s ites, real estate, and landscape over

certain areas of the United States. Additionally, use of the UAS will decrease congesti on of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of SKYSURV LLC proposed operation of the UAS will be r ealized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion O f The NAS. The UAS are battery powered and serve as a safe, ef ficient, and economical alternative to the manned aircraft traditionally ut ilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to pe rform aerial acquisitions, an exemption allowing the use of UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as inc rease the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced. The UAS do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial photography and aerial data colle ction missions would result in fewer aircraft that must be handled by air traffic contro l during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficie ncy Of The UAS. Conducting aerial acquisitions with the UAS, instea d of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial photography and data collection flight operations. By using battery power and electric motors, the UAS pr oduce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utili zed for aerial photography and data collection, while burning approximately 20-30 gallo ns per hour of leaded aviation fuel.11

The UAS, while reducing the carbon footprint of aer ial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powe red electric motors, rather than an internal combustion engine. By using the UAS to perform aerial acquisitions, th e substantial risk to life and property in the air and on the ground, which is usu ally associated with traditional manned aircraft flight operations, will be substantially r educed or completely eliminated. Aside from the lack of flight crew members located onboar d the aircraft, the UAS (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 o unces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that typically conduct simil ar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 fe et, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing aerial photography and aerial data colle ction operations With The UAS Will Benefit The Economy. In addition to being safe and efficient, the UAS ar e also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the UAS will allow United States based companies, like SKYSURV LLC, to remain competitive and contribute to growth of the U.S. ec onomy. Specifically, with the rising

cost of aviation fuel and the Environmental Protect ion Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and o perated companies must adopt new and alternative technology in order to remain competiti ve. Operating the battery powered UAS is one such technology that not only allows compani es greater operational flexibility compared to manned aircraft, but provides such flex ibility without the high operational

cost of a traditional manned aircraft. By operating the UAS, companies such as SKYSURV LLC , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to gr owth of the U.S. economy. Improved financial performance of U.S. companies, through co mmercial use of the UAS, provides a stable workforce that increases consumer spending ; improves local, state, and federal tax revenues; and allows companies to invest in res earch and development in order to remain competitive both in the United States and ab road.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, SKYSURV LLC proposed operati on of the UAS will not implicate any privacy issues. Specifically, the UAS will be operated only in compliance with operating documents (i.e., SKYSURV LLC Aerial Operations Manual, Maintenance Log, and Instruction Manual) which requ ires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitud e requirements of 14 C.F.R. § 91.119.12

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY,

OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFET Y AT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH SKYSURV

LLC SEEKS EXEMPTION.

1. Reasons Why The UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its opera tion, SKYSURV LLC operation of the UAS meet the conditions of FMRA Section 333, an d will not require an

airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for consi dering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security. Specifically, FMRA Section 333 states the following , in part: (a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system befo re completion of the plan and rulemaking required by section 332 of this Act or t he guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum-- (1) which types of unmanned aircraft systems, if any, a s a result of their size, weight, speed, operational capability, proxim ity to airports and populated areas, and operation within visual line o f sight do not create a hazard to users of the national airspace system o r the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of aut horization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned air craft systems identified under paragraph (1). (c) Requirements for Safe Operation.--If the Secret ary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, SKYSURV LLC submits that the and UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the UAS; (b) the pilot certifica tion requirement; and (c) the specific operating limitations.

a. The Specifications of The UAS Demonstrate Its Sa fe Characteristics.

The UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.13 i. The UAS Autonomous Flight And Navigation Modes Enab le The UAS To Remain Within A Defined Operational Area. The UAS may be operated in manual and fully autonom ous flight modes. A complete description of the flight and navigational modes of the User Manuals,

attached hereto: as Exhibit B.

ii. The UAS Are Designed For Automatic Return To Home P oint Or

Hover In The Event Of Loss Of The Control Link Or N avigation. When the Control Link is lost, the UAS will remain stationary (multirotor) or circle (fixed wing), in flight, for 3 seconds or mo re. If, after 3 seconds, the UAs do not reacquire control link data from the GCS, the UAS w ill assume that the Control Link is lost and the UAS will return to the home position ( i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A com plete description of the Failsafe Functions of the User Manuals, attached hereto: as Exhibit B.

iii. The UAS GCS And Its Operation. A complete description of the operation and specifi cations of the UAS are provided

User Manual are attached hereto as Exhibits B

b. Flight Operations of UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observe r. SKYSURV LLC will only utilize pilots who possess a current and valid airman medical certificate to act as a pilot in command (P IC) of the UAS . Additionally, a safety observer will assist pilot during flight time.

c. Flights Of UAS Will Be Conducted Pursuant To Specif ic Operating

Limitations. In seeking this exemption, SKYSURV LLC proposes to commercially operate UAS for the special purpose of conducting aerial ph otography and aerial data collection over certain areas of United States, pursuant to th e following specific operating limitations:

1. Operations authorized by this grant of exemption wi ll be limited to the following aircraft described in the operating docum ents, rotorcraft UAS weighing less than 55 pounds maximum gross weight.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial data collection

3. The UAS may not be flown at an indicated airspeed e xceeding 60 mph as indicated by the manufacturer.

4. The UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and appr oved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sigh t (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses, as specified o n the PIC’s FAA-issued

airman medical certificate.

6. The use of first person view (FPV) by the PIC or sa fety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alw ays maintains VLOS14 capability. The SO and PIC must be able to communic ate verbally at all times. Electronic messaging or texting is not permitted du ring 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 SO can perform the functions prescribed in the operating d ocuments.
8. The SO must not perform any other duties beyond ass isting the PIC with seeing and avoiding other air traffic and other ground bas ed obstacles/obstructions and is not permitted to operate the camera or other ins truments.
9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the ope rating documents, the conditions and limitations contained in the grant o f exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator m ay update or revise its operating documents. It is the operator’s responsib ility to track such revisions and present updated and revised documents to the Ad ministrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for 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 t he operating documents.

10. Prior to each flight the PIC must inspect the UAS t o ensure that it is in a condition for safe flight. If the inspection reveal s a condition that affects the safe operation of the UAS, the aircraft is prohibit ed from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Stati on must be included in the preflight inspection. All maintenance and alteratio ns must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alteratio ns that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. T he PIC who conducts the functional test flight must make an entry in the ai rcraft records.

12. The pre-flight inspection must account for all pote ntial discrepancies, e.g. inoperable components, items, or equipment, not alr eady covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s air craft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspec tions, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/ overhaul component parts must be noted in the aircraft records, including to tal time in service, description of work accomplished, and the signature of the auth orized person returning the

UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the air craft record of the corrective action taken against discrepancies disco vered between inspections.15 17. The PIC must possess at least a private pilot certi ficate and at least a current

third- class medical certificate.

18. The operator may not permit any PIC to operate unle ss the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS wil l be operated under the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from persons, vessels, vehicl es and structures. PIC qualification flight hours must be logged in a mann er consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training th e operator’s PICs are permitted under the terms of the exemption. However , training operations may only be conducted during dedicated training session s. During training, proficiency, and experience-building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in a ccordance with 14 C.F.R. §

91.119.

19. UAS operations may not be conducted during night, a s defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special re quest will be made at the FAA office closest to proposed area of operations. Flig hts under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of a n airport reference point as denoted on a current FAA-published aeronautical cha rt unless a letter of agreement with that airport’s management is obtaine d, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. 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 les s than 3 statute miles from the

PIC.

22. If the UA loses communications or loses its GPS sig nal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating document s. 23. The PIC must abort the flight in the event of unpre dicted obstacles or emergencies in accordance with the operating docume nts.
24. The PIC is prohibited from beginning a flight unles s (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organizatio n (ATO) issued Certificate of Waiver or Authorization (COA) prior to conductin g any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance , but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA in cluding class of airspace, altitude level and potential transponder requiremen ts.
26. All aircraft operated in accordance with the exempt ion must be identified by serial number, registered in accordance with 14 C.F .R. part 47, and have identification (N- Number) markings in accordance w ith 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable

.16 27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government ov ersight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 an d 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made avai lable to the Administrator or any law enforcement official upon request.
29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any mov ing device or vehicle.

31. Flight operations must be conducted at least 500 fe et from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficientl y protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticip ating persons leave such protection and are within 500 feet of the UA, fligh t 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 struc tures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined th at it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or c ontrolled-access property with permission from the land owner/controller or a uthorized representative.

Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that tr ansgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Offic e (AFS-80) within 24 hours. Accidents must be reported to the National T ransportation Safety Board (NTSB) per instructions contained on the NTSB Web s ite: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements O f Section 61.113(a) And (b) Would Not Adversely Affect Safety. SKYSURV LLC submits that the equivalent level of sa fety established by Section 61.113(a) and (b) will be maintained becaus e no PIC will be allowed to operate the UAS unless that PIC has demonstrated, by meetin g minimum flight-hour and currency requirements, that the PIC is able to safe ly operate the UAS in a manner consistent with the exemption, including evasive an d emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. Considering SKYSURV LLC proposed area of operations , and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts (See Exemption No. 11062); and the airmanship skills necessary to safely opera te the UAS, SKYSURV LLC submits17

that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necess ary for SKYSURV LLC specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material resp ects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11 160, 11161). SKYSURV LLC will not allow any PIC to operate the U AS unless that PIC has demonstrated, by meeting minimum flight-hour requir ements or the UAS training and currency requirements, that the PIC is able to safe ly operate the UAS in a manner consistent with this exemption, including evasive a nd emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time a s a UAS pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the s ame make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during SKYSURV LLC proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with app licable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar o perations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at l east 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations u nder Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers the se minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi-rotor time and th e 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addit ion to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum , the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requ irement. Training, proficiency, and experience-building flights can also be conduct ed under the grant of exemption to accomplish the required flight time. During trai ning, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, SKYSURV LLC will ensure safe operation s by not allowing any PIC to operate the UAS unless that PIC has demonstr ated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with the exemption, incl uding evasive and18 emergency maneuvers and maintaining appropriate dis tances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of S ection 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, SKYSURV LLC will ens ure that the UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstan ces similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11 160, 11161).

4. Reasons Why An Exemption From The Requirements Of S ection 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.121 will be maintained

because the altitude information of the UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight p ath and altitude. This altitude information, combined with SKYSURV LLC operation of the UAS within visual line of sight, at or below 500 feet AGL, will ensure a leve l of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161).

5. Reasons Why An Exemption From The Requirements O f Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, SKYSURV LLC will ensure th at it will safely operate the battery powered UAS during daylight hours in VFR conditions , with enough battery power to fly for a total duration of 13.5 minutes to the first p oint of intended landing and, assuming normal cruising speed, to fly after that for at lea st 4.5 minutes. Here, as in Exemption No. 11109, the technical spec ifications of the UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety establish ed by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the UAS prov ide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and a gain at approximately 10% remaining battery power. At the critically low batt ery level, the UAS will descend and land automatically. Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected whe n the technical characteristics and19

operating limitations of the UAS are considered. Re lief has been granted for manned aircraft to operate at less than the minimums presc ribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstanc es similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11109, 11112, and 11213).

6. Reasons Why An Exemption From The Requirements O f Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, SKYSURV LLC submits that the equivalent level of safety with regard to the regulatory maintenance an d alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b) will be met

because SKYSURV LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the meth ods, techniques, and practices prescribed in the operating documents (i.e., SKYSUR V LLC Aerial Operations Manual, Monthly Maintenance Log, and UAS Instruction Manual ). Furthermore, SKYSURV LLC

will document and maintain all maintenance records for the UAS. Since the UAS will be inspected as prescribed by th e operating documents, SKYSURV LLC will maintain the equivalent level of s afety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f the UAS User Manuals are attached hereto as Exhibit B; a copy of the UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely a ffect safety because SKYSURV LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods , techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.41 7(b), because all maintenance of the UAS will be performed by trained technicians. Maint enance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical character istics and operating limitations of the

UAS are considered. In consideration of SKYSURV LLC proposed operating limitations, the operating documents, and the technical aspects of the UAS, SK YSURV LLC submits that safety will not be adversely affected by granting exemption fro m 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a ) and (b). The FAA has previously granted relief specific to UAS in circumstances sim ilar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11109, 11112, and 11213).

7. The FAA May Prescribe Any Other Conditions For S afe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, SKYSURV LLC requests that the FAA prescribe special conditions for the intended operation of the UAS, which contain such safety standards that the Admini strator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.11 3(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of th e UAs for the limited purpose of20

conducting aerial photography and aerial data colle ction operations over certain areas of the United States for compensation or hire. FMRA Se ction 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and f urther, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the UAS, since the airwor thiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety st andards, due to the novel or unusual design features of the aircraft. Section 21.16, ent itled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product. The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the UAS, which contain such safety standards that the Administrato r finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

E. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER, STATING: THE RULES FROM WHICH SKYSURV LLC SEEKS

EXEMPTION:

SKYSURV LLC seeks exemption from the requirements of 14 C.F.R S ections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of The Exemption SKYSURV LLC Seeks: This exemption will permit SKYSURV LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial photography and aerial data collection operations over certain areas of th e United States.

F. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT SKYSURV LLC REQUEST.

This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, SKYSURV LLC request for exemption may be granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification.21 A s discussed in detail above, SKYSURV LLC will operate the UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION As set forth herein, SKYSURV LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial data collection and observation over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing SKYSURV LLC to safely, efficiently, and economically operate the UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, SKYSURV LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit SKYSURV LLC to operate the UAS commercially for the purpose of conducting aerial photography and aerial data collection operations over certain areas of the United States.

Dated: October 16, 2015

Respectfully submitted:

Kelly Ness

SKYSURV LLC

36 19th Ave N Hopkins, MN 55343