December 9 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Scott Amy dba- Skydance Aviation 1120 Hu ff man Rd. Ste. 24546 Anchorage, AK 99515

Dear Sir or Madam:

Attached please find Skydance Aviation’s request for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("sUASs") for primarily real estate photography, but also for inspecting, surveying and monitoring of secured and controlled environments with respect to construction sites, transmission towers, other similar industrial elevated structures of the like. This exemption request is exclusively for the use of the DJI Phantom 3 Advance with (reserved N- Number N-___SA) to be used by Skydance Aviation in conjunction with Northern Lens Photography, LLC.

In addition to my experience flying sUASs, I am a certified flight instructor in fixed wing and rotorcraft and hold a Airline Transport pilot certificate and have a current medical. I have over 7000 hours of flight time in many di ff erent aircraft. As a result, I understand the responsibilities undertaken when operating as pilot in command of any aerial vehicl e and will ensure that any sUAS operated by Skydance Aviation will abide by all necessary safety and regulatory requirements.

Please be advised that this exemption request being submitted by Skydance Aviation is extremely similar in nature to the exemption submitted to the FAA by The Alaska Channel, Inc. For purposes of expediting the exemption process, Skydance Aviation is agreeable to abide by and accept similar Conditions and Limitations stipulated in the Exemption 333 for Alaska Channel and other recent approvals. Grant of Exemption Nos. 12235.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.P.R. Part 11, Skydance Aviation ("Skydance Aviation"), an imagery and inspection firm, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("sUASs") for aerial imaging for cinematography and aerial inspection and monitoring of secured and controlled environments, such as construction sites or other elevated industrial structures so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As detailed in this document, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3)controlled as to access and 4) would provide for safer videography and inspections thus preventing the use of conventional aircraft over these sites and thereby eliminating the need to place personnel in harm’s way when attempting to access sites or elevated structures without conventional access. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to"...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act.

The name and address of the applicant is :

Skydance Paragliding 16348 Noble Point Dr. Anchorage, AK 99516 907-301-6118

Thank you for your time and consideration, and please let me know if you have any questions.

Sincerely,

Scott A. Amy

President & Founder of Skydance Aviation

Regulations from which the exemption is requested: 14 C.P.R. Part21 14 C.F.R.45.23(b) 14C.F.R. 61.113 (a) &(b) 14 C.P.R. 91.7 (a) 14 C.P.R. 91.9 (b)(2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 C.P.R. 91.151 (a) 14 C.P.R. 91.203 (a) & (b) 14 C.P.R. 91.405 (a) 14 C.P.R. 407 (a) (1) 14 C.P.R. 409 (a)(2) 14 C.P.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40 101 of the Act, including sUASs, from the requirement that all civil aircraft must have a
current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §4470 1(f) See also 49 USC §4471 1(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:• The sUAS's size, weight, speed, and operational capability;

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populated areas and away from close proximity to airports.

Reform Act §333(a). If the Secretary determines that a sUAS "may operate safely in the national airspace system (NAS), the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. §333(c).

Skydance Aviation's sUAS is a multi-rotor vehicle, weighing 2.08 lbs. or less including payload. They operate under normal conditions at a speed of no more than 40 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the pilot's visual line of sight at all times and will operate only within sterile areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." Reform Act Section 333 (b).

Given the small size of the sUASs involved and the restricted and sterile environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA might, by exemption, allow commercial operations of sUASs to take place. Also due to the small size of the UASs, the low altitudes, and restricted areas in which our sUASs will operate, approval of the application will not present a national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Skydance Aviation respectfully requests that the FAA grant the requested exemption without delay so that we may start taking advantage of the benefits this aircraft has to o ff er.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rule making required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent ofallowing sUAS to operate utilizing significant safety precautions in low risk environments.

The use of sUASs to photograph, inspect, collect data and monitor elevated hard to get areas on structures and towers can significantly reduce the risk to workers. Additionally, sUASs could replace the use of helicopters and small aircraft to photograph sites at often low level, which again, proposes a lot less risk to persons and property. The sUAS we propose to fly in this application weighs 2.08 lbs., and carries no combustible material on board, as opposed to the much larger conventionally powered small airplane or helicopter. Shifting to sUASs from helicopters presents a marked safety increase for us and the public.

The use of sUASs to facilitate aerial vide ography for use in filmmaking and real estate visualizations has similar safety benefits as well as educational benefits. It will allow the general public to gain a much better understanding of the physical layout as seen from low altitudes. It is far safer to operate a sUAS in such settings than a manned helicopter or a fixed wing aircraft.

Lastly, sUASs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. Our sUASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft. They are much quieter compared to other forms of aircraft when used as a platform for photography and video imagery.

III. EQUIVALENT LEVEL OF SAFETY

Skydance Aviation proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent, or even higher, level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on industrial sites and imaging operations conducted with helicopters and other conventional aircraft.

Skydance Aviation will abide by the following operating limitations when conducting its sUAS under an FAA- issued exemption unless further authorization has been approved :

1. The sUAS will be less than 25 pounds.2. Maximum airspeed of 100 mph (87 knots)

3. Visual line-of-sight (VLOS) of the unmanned flying aircraft will be maintained by the operator or visual observer at all times. The operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.

4. Daylight-only operations (o ffi cial twilight to o ffi cial twilight, local time).

5. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 5 min. reserve battery power should that occur prior to the 30 minute limit.

6. Flights will be operated at maximum altitude of 400 feet above ground level.

7. First-person view camera cannot satisfy “see-and-avoid” requirement but can be used as long as requirement is satisfied in other ways.

8. Flight Crew for each operation will consist of the sUAS pilot who will keep the sUAS within his visual line of sight at all times, and if deemed necessary by the pilot, a Visual Observer can be used to assist the pilot

.

9. The sUAS pilot and the Visual Observer will be trained in flight, operations, and safety procedures.

10. No person may act as an operator or VO for more than one unmanned aircraft operation at one time.

11. Must yield right-of-way to other manned aircraft or unmanned. The sUAS will only operate within a confined "Sterile Area.”

12. No operations from a moving vehicle or aircraft, except from a watercraft on the water unless prior permission has been given and the operations can assure reasonable safety to persons and property.

13. No careless or reckless operations.

14. No operations are allowed in Class A (18,000 feet & above) airspace

15. Operations in Class B, C, D and E airspace are allowed with the required ATC permission.

16. Operations in Class G airspace are allowed without ATC permission

17. A briefing will be conducted in regards to the planned sUAS operations prior to each day's flight activities.18. All onsite personnel will consent to the UAS flyover on site by waiver, and the pilot will obtain additional verbal or written consent of all persons that may be in a potential danger.

19. Written and/or oral permission from the relevant property holders will be obtained.

20. All required permissions and permits will be obtained if necessary from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

21. If the sUAS loses communications or loses its GPS signal it will have the capability to return to a pre-determined location within the “Sterile Area” and land.

22. The sUAS will have the capability for the pilot to abort a flight at anytime in the event on an emergency.

23. The operator will always perform a complete preflight inspection before each new operation.

24. A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS.

25. The required operating documents will be accessible during UAS operations and made available to the Administrator upon request.

Below Skydance Aviation states the description of the regulations that it request exemptions from and gives argument of how the operations will either meet or exceed

an equivalent level of safety offered in the present regulations.

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from :

14 C.P.R. 45.23(b); 14 CFR Part21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) &(b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).IV. DESCRIPTION OF SPECIFIC REGULATIONS

(1) 14 CFR Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203(a)(l)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Skydance Aviation, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.

Skydance Aviation's sUAS will be operated at low speeds, in a controlled environment. An analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is 2.08 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the pilot, and under the requirements, and in compliance with, local public safety requirements, to obtain aerial imagery.

These safety enhancements, which already apply to civil aircraft operated in connection with similar sites, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H

. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and ability to carry an external load no greater than seven (7 ) lbs.

(2) 14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station.Even though the UAS will have no airworthiness certificate, an exemption will be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAS, two- inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 873 8, 10167 and 10167A. 14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

(3) Sections 61.113 (a) & (b) limits private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed a UAS flight training course and have accumulated at least twenty-five (25) hours of total time as a UAS pilot, with at least ten (10) hours logged as a UAS pilot with similar UAS type, before flying a UAS for Skydance Aviation in commercial operations. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a pilot who has met the minimum requirements meets and exceeds the present level of safety achieved by 14 C.P.R. §61.113 (a) & (b)

. (4) 14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft, requirements for maintenance, and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

(5) 14 CFR 91.9 (b)(2): Civil aircraft flight manual, markings , and placard requirements

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping a flight operations and procedures manual that exceeds currently accepted means and methods for safe flight at the ground control point wherethe pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,32827, and 10700.

(6) 14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, and by the size and speed of the aircraft.

Skydance will use simulation devices to gain and maintain the required proficiency and currency that will meet or exceed the above regulation with out the use of dual controls.

(7) 14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical take o ff and vertical landing, which will operate at altitudes below 400' AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitude higher than 400 AGL and will be in a relatively small controlled area w here buildings and people will not be exposed to operations without their pre-obtained consent.

T

he equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the locations where it is operated. No flight will be taken without the permission of the property owner or local o ffi cials. Because of the advance notice to the property owner and any onsite personnel, all a ff ected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the sUAS proposed herein, and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 AGL in the construction of filmmaking industry. In addition, the low-altitude operations of the sUAS will ensure separation between these small- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

(8) 14 C.F.R. 91.121: Altimeter SettingsThis regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude readout, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the pre-flight requirements and checklists confirming the elevation of the launch site before flight.

(9) 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight under VFR conditions to fly to the first intended point of landing and fly for 30 minutes after that

Our UAS is limited to operations in sterile and controlled environments, and has a limited range and flight time which requires an exemption from 14 CFR 91.151(a).

The UAS we will be using will always be able to return to the home point if the power level reaches a point that may not allow it to return and land with out a reserve of 5 minute of reserve flight time.

At this time the battery powering the sUAS provides no greater than 30 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 0 minutes in length. Given the limitations on the UAS' s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least enough battery power (as determined by the onboard monitoring system and the pilot), to assure a 5 min. reserve . This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673,and 10808.

(10) 14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration The regulation provides in part:

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

(1) An appropriate and current airworthiness certificate

. . . .(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 25 lbs. and is operated without an onboard pilot. Therefore there is no ability or place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground flight control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665,9789, 9789A, 9797, 9797A, 9816A, and 10700.

(11) 14 CFR 91.405 (a); 407 (a)(l); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner "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 ...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Skydance Aviation’s sUAS.

Maintenance will be accomplished by the operator pursuant to standard procedures and manufacturer guidance. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL and within visual line of sight of the pilot. The pilot will ensure that the UAS is in working order prior to initiating flight and has the required maintenance. Moreover, the pilot is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety

.

Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs or less) in aerial imagery operations.In summary, the operation of small UASs, weighing less than 55lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environments and, as a result, are far safer than conventional operations.

It is our hope that approval of exemptions allowing commercial operations of sUASs for aerial imagery includes but is not limited to: aerial photography, surveying, monitoring, inspecting for the real estate, construction, industrial, and filmmaking industries

. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight --provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS

. Accordingly I respectfully request that the FAA grant my exemption request and as a certified flight instructor #2778187CFII, I am willing to cooperate support the FAA in sharing information to benefit the safety of manned and unmanned flight and to the general public at large.

Respectfully Submitted,

Sincerely,

Scott Amy -



## Petitioner submits the Appendix and Manuals DJI Phantom 3 http://download.dji-innovations.com/downloads/phantom_3/en/ Phantom_3_Advanced_User_Manual_v1.0_en.pdf