October 5, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE,

West building Ground Floor, Room W12-140

Washington, DC 20590

Dear Sir or Madam:

Skyity LLC seeks exemption from 14 Code of Federal Regulations (CFR) Part 21, subpart H, and sections 45.23(a) 

and (b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.9(b)(2) ,91.103(b), 91.119, 91.121, 

91.151(a), 91.405(a), 91.407(a)(1) and (2), 91.409(a)(2), and 91.417(a) and (b) for the purposes of aerial data 

collection, closed set motion picture and filming, and video production using unmanned aircraft systems (UAS). 

Skyity LLC offers the following support:

1. Skyity LLC agrees to all conditions and limitations listed in granted Exemption Nos. 11062, 11109, 11112, 

11213, and 12897. This request is similar to those already approved under the listed exemptions with the 

exception of the UAS being used. Aircraft used is the DJI Phantom 3 and Inspire 1, the same UAS in 

Exemptions #12706 and #13055 and already determined to meet the conditions of Section 333. 

2. Contact Information

a. Francis J. Zurek

Skyity LLC

2233 W. Superior St., Unit 1

Chicago, IL 60612

Fzurek.2@gmail.com

b. Kevin Oakes

Skyity LLC

1619 W. Wolfram Street, Apt 2

Chicago, IL 60657

3. Regulationsfrom which Skyity LLC requests exemption are: 14 Code of Federal Regulations (CFR) Part 21, 

subpart H, and sections 45.23(a) and (b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.9(b)(2) ,91.103(b), 91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1) and (2), 91.409(a)(2), and 

91.417(a) and (b). 

4. The extent of the relief Skyity LLC seeks and reasons for relief. In addition to the regulations mentioned in 

3, Skyity LLC provides the following support for specific sections:

a. We seek relief from section 45.23(a) and (b) because the UAS is too small to mark two inch 

lettering on the body. However, registration numbers will be placed on the side in smaller font, 

along with the company name and contact information.

b. We seek relief from section 61.23(a) and (c) which states medical certificate requirements. The 

PIC will hold a third-class medical certificate as required for private pilot privileges but will not 

hold a first or second class medical certificate as required for commercial pilot privileges. As

mentioned below, the UAS will not hold a pilot or passengers and commercial operations of the 

UAS can be performed in a safe manner without the use of a first or second class medical 

certificate.

c. We seek relief from section 61.101(e)(4) and (5), which states that a recreational pilot may not 

act as pilot of an aircraft for compensation or in furtherance of a business. While the current PIC 

holds a private pilot certificate, future PICs may have a lesser license when operating the UAS.

d. We seek relief from section 61.113(a) which limits private pilots to non-commercial flights. 

However, the UAS will not carry a pilot or passengers and the PIC will operate the UAS with a 

level of safety exceeding manned operations. Furthermore, the PIC will hold a private pilot’s 

license.
e. We seek relief from section 61.315(a) which states restrictions on operating as PIC with a sport 

pilot certificate. As stated above, while the current PIC holds a private pilot certificate, future

PICs may have a lesser license when operating the UAS.

f. We seek relief from section 91.7(a) which prohibits operation of aircraft without an 

airworthiness certificate. There is no airworthiness certificate for operation of Skyity LLC’s UAS

and regulation of the UAS under this section is inapplicable as mention in previous FAA section 

333 exemption approvals. 

g. We seek relief from section 91.9(b)(2), aircraft flight manual in the aircraft. The UAS cannot 

abide by this requirement due to its size; the requirement is inapplicable since the aircraft is 

unmanned. The aircraft flight manual and operating manual will be kept with the PIC during all 

flights. 

h. We seek relief from section 91.103(b), become familiar with runway lengths. The UAS is a multirotor aircraft and does not require a runway for take-off.

i. We seek relief from section 91.119, minimum safe altitudes. Skyity LLC seeks relief with respect 

to participating persons, vehicles, and structures involved in the filming.

j. We seek relief from section 91.121, altimeter settings. The UAS does not use an altimeter. 

Altitude is controlled and reported by an onboard GPS unit. The spotter and PIC will also 

maintain visual contact with the UAS to ensure proper altitude to supplement the GPS unit.

k. We seek relief from section 91.151(a) fuel requirements for flight in VFR conditions. Skyity LLC’s 

UAS does not use fuel. The UAS uses a battery. UAS operations shall be conducted in 

accordance with (IAW) Skyity LLC’s operating manual which dictates maximum flight times to 

ensure a responsive UAS, a controller that emits a strong signal, and adequate power left to 

return to the take off point with a “fuel” buffer. 

l. We seek relief from 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b). These 

regulations do not apply to the UAS since it does not have an airworthiness certificate. However, 

the aircraft will be properly maintained by using healthy batteries, undamaged structural parts, 

and balanced and true propellers. Furthermore, before each flight, the PIC will perform a 

preflight check of the equipment according to the operating manual to ensure functionality. 

m. If granted Section 333 exemption, Skyity LLC will operate under section 61.113, Private Pilot 

Privileges and Limitations: Pilot in Command. The PIC for all flight operations holds a private 

pilot certificate for single engine, land operations. The PIC will keep the license current according 

to section 61. Furthermore, the PIC and spotter have both flown UAS’s as a hobby prior to 

requesting exemption. All UAS flight hours and simulator hours will be logged IAW Skyity LLC’s 

operating manual.

5. How this request will benefit the public:

a. The UAS does not contain fuel and there are less associated risks with explosions and fire by 

using a LiPo battery power source with a max rating of 68kWh. 

b. The UAS do not release emissions from the UAS itself. Electrical motors are more efficient than 

gasoline powered engines thus reducing air pollution

c. The UAS also emits less noise pollution due to the electric motors and small size. 

d. The propellers are also smaller than manned helicopters and will not result in “grenading” that 

may happened during manned helicopter crashes. 

e. The UAS removes dangers associated with piloting manned aircraft. No pilot or passenger will be 

on board.

f. If a crash is to occur, due to the light weight nature of the aircraft, crashes will result in minimal 

damage.

g. Since the UAS will operate as lower altitudes than manned aircraft and outside 5 miles of an 

airport, mid-air collisions and crowding of the national airspace is reduced. Crowding that 

otherwise would occur if the equivalent level of aerial uses were provided by manned aircraft.

h. Furthermore, exemption will provides aerial services at lower cost, opening up these services to 

the broader public while still maintaining the safety requirements set forth by the FAA.

6. Reasons why Skyity LLC Exemption will not adversely affect safety or how the exemption will provide a 

level of safety at least equal to existing rule:
a. The PIC and spotter have flown the Phantom 3 and other RC aircraft recreationally for hobby 

purposes. Both members have extensive experience with RC aircraft and quadcopters. They 

have also practiced with quadcopter simulators.

b. The PIC and spotter are members of the Academy of Model Aeronautics (AMA) and rely on their 

extensive knowledge and support system, similar to the Aircraft Owners and Pilots Association 

(AOPA).

c. The PIC and spotter have always practiced within the regulations stipulated for commercial 

license even while flying for hobby purposes.

d. Skyity LLC, the PIC and spotter will follow a strict risk assessment and mitigation procedure.

e. The UAS being used is a Phantom 3 and Inspire 1 quadcopter produced by DJI. The UAS is lightweight and is limited on how fast and high it can fly, limitations that are well below those of 

traditional manned aircraft. As stated in Section 5, the dangers of crashes and extent of damage 

or harm in a crash is reduced because of the low weight, lack of volatile fuel, and small 

propellers. The Phantom 3 statistics and limitations are attached. 

7. Operating Limitations

a. Skyity LLC’s operating limitations and operating manual are included in the attached MPTOM

(submitted privately).

8. UAS Registration

a. Skyity LLC will register all UAS used for commercial purposes in accordance with 14 Code of 

Federal Regulations Part 47 and summarized at 

https://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/UA/

b. Markings on the UAS will be as large as practicable considering the small size and multi-rotor 

nature of the UAS.

9. Summary The FAA May Publish in the Federal Register: Please note this exemption will not set a 

precedent as all requests for relief have already been granted in previously mentioned exemptions. Delay 

in issuing the exemption would be detrimental to Skyity LLC and its business operations. However, below 

is a brief summary that may be published in the Federal Register:

a. Skyity LLC seeks an exemption from 14 Code of Federal Regulations (CFR) Part 21, subpart H, and 

sections 45.23(a) and (b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.9(b)(2) ,91.103(b), 91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1) and (2), 91.409(a)(2), 

and 91.417(a) and (b) for the purposes of aerial data collection, closed set motion picture and 

filming, and video production using unmanned aircraft systems (UAS). The exemption is similar to 

other requests already granted approval by the FAA for identical UAS. This exemption will 

benefit the public and not adversely affect safety by removing pilot risk, not carry flammable 

fuel, weigh under 5 lbs., carry no passengers and operate under restrictions set forth in previous 

exemptions.

10. Conclusion

a. In conclusion, Skyity LLC requests exemption from the previously listed Federal Aviation 

Regulations pursuant to section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11.
11. Attachments:

a. UAS manuals

i. Intelligent_Flight_Battery_Safety_Guidelines_en

ii. Phantom_3_Professional_User_Manual_v1.0_en

b. Skyity LLC Motion Picture and Television Operations Manual (MPTOM) (submitted privately).

Sincerely, 

Skyity LLC

Francis J. Zurek

Pilot in Command

Co-founder, Skyity LLC

Fzurek.2@gmail.com