April 17, 2015 

 Exemption No. 11352 

 Regulatory Docket No. FAA−2014−1102 

Mr. Gregory S. Walden 

Counsel for SkyPan International 

Akin Gump Strauss Hauer & Feld, LLP 

1333 New Hampshire Avenue, NW. 

Washington, DC 20036 

Dear Mr. Walden: 

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

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

including the date it ends. 

The Basis for Our Decision 

By letter dated December 22, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of SkyPan International (hereinafter petitioner or operator) for an exemption. 

The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct inspections of unimproved or vacant properties for the construction industry, 

developers, and property owners. 

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

the regulations that the petitioner seeks an exemption. 

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

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

delay in acting on this petition would be detrimental to the petitioner. 
2 

Airworthiness Certification 

The UAS proposed by the petitioner is an Align T Rex 700E F3C. 

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

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

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

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

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

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

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket Nos. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

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

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

delegated to me by the Administrator, SkyPan International is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below. 
3 

Conditions and Limitations 

In this grant of exemption, SkyPan International is hereafter referred to as the operator. 

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

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the Align T Rex 700E 

F3C when weighing less than 55 pounds including payload. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
4 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
5 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N-
6 

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

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

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

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

television filming and production, the following additional conditions and limitations apply. 
7 

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

as documented in this grant of exemption. 

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

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

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

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

must include at least the following: 

a. Dates and times for all flights; 

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

under this grant of exemption; 

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

the UAS; 

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

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

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

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

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

g. Signature of exemption holder or representative; and 

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

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

essential to accomplish the operation. 

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

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

exemption holder’s MPTOM. 

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

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

parts 45, 47, 61, and 91. 

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

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
December 22,2014 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

kinGump 

STRAUSS HAUER & FELD LLP 

GREGORY S. WALDEN 

+ 1 202.887.4213/fax: + 1 202.887.4288 

gswalden@akingump.com 

Re: Petition for Exemption of SkyPan International under Section 333 of the FAA 

Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11 

On behalf of SkyPan International ("SkyPan"), we hereby seek an exemption from certain 

Federal Aviation Regulations enumerated below, as authorized by Section 333 of the FAA 

Modernization and Reform Act ("Section 333"), Subsection 44701(f) of the Federal Aviation 

Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to 

allow SkyPan to operate the T Rex 700E F3C UAV rotorcraft manufactured by Align to perform 

inspections of unimproved or vacant properties for the construction industry, developers, and 

property owners. 

Chicago-based SkyPan International has been conducting aerial panorama photography 

operations above private property in urban areas for 27 years under very controlled conditions 

using both manned and unmanned aviation systems (UAS), that is, both full-size helicopters and 

radio-controlled helicopters. Under contract to leading real estate developers, SkyPan flies over 

unbuilt properties, normally large dirt, grass, or paved lots. Using professional-grade digital 

camera equipment SkyPan produces interactive 360-degree photos showing future high rise 

views at exactly-measured, multiple heights to assist developers with pre-planning needs such as 

entitlements, investor presentations, pricing studies, and architectural design. In later phases of 

development, the marketing teams utilize SkyPan's 360-degree digital assets as integral 

components of their pre-sales presentations. 

SkyPan, using its patented panoramic aerial technology, has assisted real estate developers 

accelerate their business, saving time and money, greenlighting construction and job creation, 

increasing return-on-investment, and improving economies, city by city, across 14 states. Since 

1988, some $55 billion worth of commercial and residential real estate in the United States has 

been sold and/or leased with SkyPan imagery as one of the primary marketing tools. SkyPan's 

RobertS. Strauss Building 11333 New Hampshire Avenue, N.W. I Washington. D.C. 20036-1564 1202.887.4000 I fax 202.887.4288 I akingump corn 
SkyPan International Petition for Exemption 

December 22, 2014 

Page 2 

AkinGump 

STRAUSS HAUER & FELD LLP 

longtime repeat clients include the most recognizable names among the nation's elite developers, 

such as: John Buck, BCRE, Durst, Extell, Fifield, Four Seasons, Hines, Related, Rudin, Ritz 

Carlton, Silverstein, Trump, Varnado, Howard Hughes, GID, Witkoff, and Zeckendorf. SkyPan 

is proud of its robust record of protecting the public's safety, security, and privacy. SkyPan 

believes that its developer and builder clients would vouch for SkyPan's commitment to safety 

and privacy. 

SkyPan never operates over public property. SkyPan maintains strict safety measures including 

emergency autorotation trials, constant system testing/upgrades, failsafe backups, insurance 

coverage & an experienced crew of pilot, camera operator & safety personnel. SkyPan notifies 

local police district community affairs officers in advance of flights. The T Rex 770E F3C is a 

two-blade remotely-piloted UA V made of carbon fiber, Delren plastic and aluminum, and 

weighs 13 pounds, 19 pounds with payload. SkyPan's typical flight is under 400-feet above 

ground level ("AGL") under four minutes in duration. SkyPan's flights are considered straight 

up/straight down; the vehicle ascends straight up over private property, has the capability of 

hovering in place, and then descends straight down. While hovering, the camera platform takes 

12 still images in one 360-degree revolution. Average speed up and down is 5-10 feet per 

second; the UAV moves laterally only if necessary, at no more than 1 to 2 miles per hour. 

Battery power provides 8 minutes of operation; SkyPan operators will receive an audible 

reminder at 5 minutes, 30 seconds, and Sky Pan will land the UA V well before battery power is 

exhausted. 

The T Rex includes an Ace One flight assist electronics system, with three modes: Normal, 

where the pilot controls all movement; ATTI keeps the UAV attitude stable while hovering; and 

GPS, which locks in the UAV altitude and position accurately while hovering. In the event of a 

loss of GPS signal, the UA V will not lock in its position and automatically go to ATTI mode and 

remain stable. Should there be a loss of power, the pilot has control of the UAV to perform auto 

rotation capability and land the aircraft. If the UAV encounters an unexpected obstacle, the pilot 

will either divert the flight or maintain the UA V in a safe hover position away from the obstacle. 

The crew consists of a pilot, camera operator, and a visual observer/safety technician. The pilot 

and visual observe are in close proximity to each other so that there is no risk of a loss of 

communication between them throughout the flight. 

The name of the applicant is Sky Pan International. The primary SkyPan contact is Mr. Mark 

Segal, Principal, 711 N. Milwaukee Avenue, Chicago, Illinois 60642. Telephone is 312-491-

8776 and fax is 312-491-8934. His email is mark@skypanintl.com and SkyPan's web address is 

www.SkyPanintl.com. 
SkyPan International Petition for Exemption 

December 22,2014 

Page 3 

Exemptions requested 

14 C.P.R. Part 21 (airworthiness certification) 

14 C.P.R. Part 27 (normal category rotocraft) 

14 C.P.R. 61.113 (a) and (b) (pilot certification and qualification) 

14 C.P.R. 91.7(a) (airworthiness) 

14 C.P.R. 91.119(b) and (c) (minimum safe altitudes) 

14 C.P.R. 91.151(a) and (b) (fuel requirements in VPR conditions) 

14 C.P.R. 91.405 (a) and (b) (maintenance) 

14 C.P.R. 91.407(a)(1) (approval for return to service) 

14 C.P.R. 91.409(a) (annual and airworthiness certification inspection) 

14 C.P.R. 91.417(a) and (b) (maintenance records) 

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicle and System 

AkinGump 

STRAUSS HAUER & FELD LLP 

The T Rex 700E F3C UA V, with DJI's Ace One system, has a number of technological 

capabilities to demonstrate its airworthiness. In the event of a loss of GPS signal, the UA V will 

not lock in its position and automatically go to ATTI mode and remain stable. Should there be a 

loss of power, the pilot has control of the UA V to perform auto rotation capability and land the 

aircraft. If the UA V encounters an unexpected obstacle, the pilot will either divert the flight or 

maintain the UA V in a safe hover position away from the obstacle. 

Given its small size, operational capabilities, and restricted area in which the UA V will operate, 

an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.P.R. 91.7(a), is 

warranted, as SkyPan's UAV satisfies the equivalent level of safety as compared with manned 

aircraft and meets the criteria in section 333. Operating the UA V without an airworthiness 

certificate in the restricted environment over vacant private property under the conditions 

proposed will be safer than operating a manned helicopter operating with an airworthiness 

certificate and not subject to such conditions. 

The UAV with payload is less than 20 pounds; it carries no explosive materials or flammable 

liquid fuels, and operate exclusively over private property, with no passengers or crew on board. 

As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: 
AkinGump 

STRAUSS HAUER & FELD LLP 

SkyPan International Petition for Exemption 

December 22, 2014 

Page 4 

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

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

to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

VA for the aerial filming operations. 

For the reasons outlined above, SkyPan also seeks an exemption from the certification 

requirements for normal category rotorcraft in Part 27. 

In support of SkyPan's request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b), SkyPan will adhere to the following inspection and 

maintenance program: SkyPan will inspect the VAV before and after each operation, as well as 

perform daily, weekly, monthly, and annual inspections, as set forth in its operations manual. 

Before each flight, the pilot in command will inspect the VA V to ensure it is in a safe condition 

for flight. The preflight inspection will account for any discrepancy, such as an inoperable 

component, item, or equipment. SkyPan will not initiate a flight if the inspection reveals a 

condition that adversely affects the safety of operations, and will not operate that VA V until it is 

found to be in a safe condition. Any VA V that has undergone maintenance or an alteration that 

affects the VAV's operation or flight characteristics will undergo a functional flight test before 

return to service. 

Sky Pan will follow the manufacturer's VA V requirements relating to components, maintenance, 

overhaul, replacement, inspection and life limits. SkyPan will record all maintenance, 

alterations, and the functional flight test in the VA V logbook, including total flight hours, 

description of work accomplished, and the signature of the VAV technician who returned the 

VA V to service. 

SkyPan's VAV is equipped with an altimeter that provides the pilot with a constant digital 

display of altitude. Moreover, the VAV will be operated within the visual line of sight of the 

pilot in command and observer and below 400 feet, above vacant property. Accordingly, 

SkyPan does not believe an exemption from 14 C.F.R. 91.121 is required. 

In support of SkyPan's request for an exemption from fuel requirements in 14 C.F.R. 91.151(a) 

and (b), SkyPan notes that its VAV is battery-powered and is operated for brief periods of time, 

within the battery capacity of the VAV, and only vertically up and down over private property. 
SkyPan International Petition for Exemption 

December 22, 2014 

Page5 

UA V and UAS Operator Qualifications and Training 

AkinGump 

STRAUSS HAUER & FELD LLP 

In support of SkyPan's request for an exemption from the pilot certification and qualifications 

requirements in 14 C.F.R. 61.113(a) and (a), SkyPan asserts that an equivalent level of safety is 

achieved by the UA V -specific experience of its UA V pilot. Mr. Jeff Jones has over 10,000 

hours operating a variety of remotely-controlled aircraft over 35 years. In particular, he has been 

operating the T-Rex 770E, the UAV type SkyPan proposes to operate under the requested 

exemption, since 2010. He is widely recognized as a world-class operator of UA Vs. In the 

course of his aviation career, he has gained extensive knowledge of the airspace and rules 

governing manned aircraft, fixed-wing and rotorcraft far beyond the knowledge gained by 

completing a ground school instruction course and passing the FAA private pilot exam. 

SkyPan recognizes the FAA's position that section 333 does not allow the FAA to waive the 

requirement of a UA V operator to hold an airman certificate, relying on section 44711. 

Assuming for the moment that section 44711 requires a UAV operator to hold a private pilot 

certificate, section 333 is a more recent enactment and provides explicit authority to the FAA to 

exempt a UAV operator from any certification requirement. Section 333 instructs the FAA to 

consider whether to require airworthiness certificates, certificates of waiver, and certificates of 

authorization, "at a minimum." Thus, Congress vested FAA with discretion to waive other 

certificates, including an airman certificate. 

Even if section 333 were read not to convey that discretion, section 44711 applies only to 

operations in air commerce. SkyPan submits that its UA V will be operated below 400 feet AGL 

above vacant property in metropolitan areas where manned aircraft are not permitted to operate. 

Thus, its operations will not be conducted in "air commerce." 

Even if FAA construes its subsection 44701(f) exemption authority to be limited to its 

regulations, the FAA certainly has discretion to exempt UAV operators from the requirements of 

Parts 61 and 67 (as opposed to the certification requirement itself) and develop an airman 

certificate specifically designed for small UAV operations. Applying manned aircraft pilot 

certification requirements to small UAVs is not necessary as a matter of safety, and does not 

make sense as a matter of public policy. 

SkyPan believes that FAA's determination in the Astraeus Aerial and other exemptions that a 

commercial pilot certificate is not required for the operators of UAVs for closed set filming 

applies equally to the nature of its UAV operations: 
AkinGump 

STRAUSS HAUER & FELD LLP 

SkyPan International Petition for Exemption 

December 22,2014 

Page 6 

[T]he experience obtained beyond a private pilot certificate in pursuit of a commercial 

pilot certificate in manned flight does not necessarily aid a pilot in the operational 

environment proposed by the petitioner; the FAA considers the overriding safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired 

through VAS-specific flight cycles, flight time, and specific make and model experience, 

culminating in verification through testing. 

(Emphasis added.) SkyPlan believes this reasoning supports a UAV/UAS-focused training and 

experience regimen that should obviate not only a commercial pilot certificate but also a private 

pilot certificate because any training will be focused on the particular skills of operating the 

particular small UA V and the particular nature of UAS operations. Should Sky Pan elect to use a 

different type or model of UA V, its pilot would receive 25 hours of training, including 50 takeoffs and landings, before operating that make and model of UA V for commercial purposes. 

UA V and UAS Operating Parameters 

Sky Pan will operate its UA V in full compliance with any local permit or safety ordinance, in 

accordance with its manual. All flights will be conducted within the visual line of sight of the 

pilot in command, in a tightly circumscribed area of a single parcel of property, with the consent 

of the property owner and/or developer. Although the UA V may be operated in a metropolitan 

area, it will remain within the vertical planes of the vacant property, and be flown below 400 feet 

AGL, except in rare occasions where the proposed construction on the vacant parcel will exceed 

400 feet AGL, in which case the UAV will operate at a higher altitude. However, in such rare 

cases, Sky Pan will not operate its UA V above any existing building or structure within a twoblock radius, thereby posing no risk to manned aircraft. SkyPan will notify the appropriate 

Flight Standards District Office "("FSDO") and Air Traffic Control for any operation within five 

miles of an airport. 

SkyPan's typical flight will be operated under 400 feet AGL and last no longer than four 

minutes. SkyPan's flights are considered straight up/straight down; the vehicle ascends straight 

up over private property, has the capability of hovering in place, and then descends straight 

down. Average speed up and down is 5-10 feet per second; the UAV moves laterally only if 

necessary, at no more than 1 to 2 miles per hour. Battery power provides 8 minutes of operation; 

SkyPan operators will receive an audible reminder at 5 minutes, 30 seconds, and SkyPan will 

land the UA V well before battery power is exhausted. 

SkyPan conducts a briefing before each day's operations, which all personnel participating in the 

operations must attend. SkyPan will obtain written consent of any person who will be 
SkyPan International Petition for Exemption 

December 22, 2014 

Page 7 

Akin ump 

STRAUSS HAUER & FELD LLP 

participating in the operations or otherwise be on the property being filmed. SkyPan will 

provide notice to any adjacent buildings or structures. 

SkyPan will limit its operations to daytime Visual Flight Rules ("VFR") plus 30 minutes before 

sunrise and 30 minutes after sunset (dusk), with each operation ending no later than 30 minutes 

after sunset. The UAV is equipped with LED lighting visible for 3 miles. Accordingly, we do 

not believe an exemption from 14 C.F.R. 91.209 is necessary. 

SkyPan seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), that an 

aircraft must remain at least 1,000 feet above any congested area or open air assembly of 

persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or 

structure in an area other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind. While SkyPan may operate its UA V in a metropolitan area, the operations 

will be strictly confined to private property that is unimproved or vacant, and thus its UA V will 

not be operated over a congested area or open air assembly of persons. SkyPan will ensure that 

no unauthorized person will be on the parcel of land over which the UA V will be operated, and 

will provide notice to adjacent buildings and furnish proctors to ensure that unauthorized persons 

do not come within the narrow parameters in which the UA V will be operated. Combined with 

the technological capabilities of the UA V and that the UA V will be operated within the visual 

line of sight of the pilot and an observer, Sky Pan submits that its operational limitations provides 

an equivalent level of safety to that provided in section 91.119. 

Public interest 

SkyPan's UAV operations will substantially benefit the local and regional economy. SkyPan's 

panoramic aerial technology has assisted real estate developers accelerate their business, saving 

time and money, greenlighting construction and job creation, increasing return-on-investment, 

and improving economies, across 14 states. SkyPan's deliverable product to real estate owners 

and developers relies on a coterie of specialists including architects, 3D animation studios, 

rendering companies, video production houses, web designers, interior architect designers, 

graphic designers, air rights and investment analysts, city planners, ad agencies, and sales and 

marketing consultants. SkyPan's aerial photography gives the general public a much-enhanced 

preview of apartments, condos and office space prior to their construction, which improves prelease and pre-sales decision making. SkyPan has been conducting aerial panorama photography 

operations above private property in urban areas for 27 years under very controlled conditions. 

Operating UAVs under the limitations proposed by SkyPan will avoid any risk of harm to pilots 

as well as persons and people on the ground that would be present during the operation of 
SkyPan International Petition for Exemption 

December 22,2014 

Page 8 

AkinGump 

STRAUSS HAUER & FELD LLP 

manned helicopters. UAV operations will also require a much smaller energy footprint than 

with manned helicopters. 

Operations limited to the United States 

SkyPan does not intend to operate its UAV outside of the United States. 

Summary for Federal Register 

SkyPlan submits the following summary to be included in the Federal Register, should the FAA 

determine that publication of a summary is required. 

Sky Pan International seeks an exemption to operate the T Rex 700E F3C UA V rotorcraft 

manufactured by Align to perform inspections of unimproved or vacant properties for the 

construction industry, developers, and property owners. 

Sincerely, 

Copy to: Mark Segal, Sky Pan International