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), 61.10 1(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), 9 1.405(a), 91.407(a)(1) and (2) , 91.409(a)(2), and 91.417(a) and (b) for the purposes of aerial data

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

. Skyity LLC offers the following support:

1. Sky ity LLC agrees to all conditions and limitations listed in granted Exemptio n 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 Exemption s #12706 and #13055 and already determined to meet the conditions of Section 333.

2. C onta c t I n f o r m a t i on

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

C hicago, IL 60657

3. R eg u l a t i ons f r o m w h i ch Skyity LLC req u e s t s e x e m p t i on a r e: 14 Code of Federal Regulations (CFR) Part 21, subpart H, and sections 45.23 (a) and (b), 61.23(a) and (c), 61.10 1 (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), 9 1.405(a), 91.407(a)(1) and (2) , 91.409(a)(2), and 91.417(a) and (b).

4. T he e x t ent o f t h e r e l i e f Skyity LLC s e eks and r e asons f or r e l i e f

. In addition to the regulations mentioned in

3

, Skyity LLC provides the following support for specific sections:

a. We see k relief from s ection 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 compa ny 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 61.10 1(e) (4) and (5) , which states that a recreational pilot may not act as pilot o f 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. W e 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 P IC with a sport pilot certificate. As stated above, w hile the current PIC holds a private pilot certificate, future PICs may have a lesser license when operating the UAS.

f. We seek relief from se ction 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 secti on 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 ma nual 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 m ulti

rotor aircraft and does not require a runway for take

- off.

i. We seek relief from secti on 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 co ntrolled 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. S kyity 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 l eft to

return to the take o ff 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 aircr aft 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 manu al 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

o perating manual

. 5. H o w this req u e st w il l b en e fi t t he p u b l i c:

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 p rovide s aerial services at lower cost, opening up these services to the broader public while still maintaini ng the safety requirements set forth by the FAA.

6. R ea s ons w hy Skyity LLC E x e m p t i on w i l l n o t a dve r s e l y a f f ect s a f e t y o r h o w t he e x e m p ti on w i l l p r o v i de a l ev e l o f s a f e t y a t l e a st e q u a l t o e x i s t i ng r ul e :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 rel y 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 light

weight 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 man ual 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 p racticable considering the small size and multi

- rotor nature of the UAS.

9. S um m ary T h e F A A May P u b li sh i n t he F e d e r al R e g i s t er: 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 pu blished 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), 61.10 1(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), 9 1.405(a), 91.407(a)(1) and (2) , 91.409(a)(2), and 91.417(a) and (b) for the purposes of aerial data collection , close d set motion picture and filming, and video production using unmanned aircraft systems (UAS ). The exemption is simil ar 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 und er 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. A ttachments:

a. U AS manual s

i. Intelligent_Flight_Battery_Safety_Guidelines_en

ii. Phantom_3_Professional_User_Manual_v1.0_en

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

Sincerely, Skyity LLC

Francis J. Zurek

Pilot in Command

Co

- founder , Skyity LLC Fzurek.2@gmail.com