Richard E. Kozlowski, Esq.

2286 Hankinson Road

Granville, OH 43023

(614) 354-6062

rich@sinokoz.com

June 8, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE

Washington, DC 20590 

Re: SkyOhio, LLC / Request for exemption under Section 333 from: 14 CFR Part 21, Subpart 

H; 14 CFR 43.7; 14 CFR 43.11; 14 CFR 45.11; 14 CFR 45.27; 14 CFR 45.29; 14 CFR 61.23 (a);

14 CFR 61.113 (a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.9(c); 14 CFR 

91.103(b)(2); 14 CFR 91.105; 14 CFR 91.109; 14 CFR 91.113(b); 14 CFR 91.119(b) and (c); 14 

CFR 91.121; 14 CFR 91.151 (a); 14 CFR 61.203 (a) and (b); 14 CFR 61.215; 14 CFR 61.403; 14 

CFR 91.405 (a) and (d); 14 CFR 91.407 (a)(1); 14 CFR 91.409; 14 CFR 91.417 (a) and (b)

 

Dear Sir or Madam: 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 CFR Part 11, I hereby apply, as attorney for SkyOhio, LLC (“SkyOhio”) and on behalf of 

SkyOhio, for an exemption from the listed Federal Aviation Regulations (“FAR”s) to allow commercial use of SkyOhio’s Small Unmanned Aircraft Systems (“SUAS”s), so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA from 

time to time as required by Section 333. 

SkyOhio is requesting this exemption because:

1. Existing regulations will severely hinder and burden SkyOhio’s operations; 

2. SkyOhio can provide and execute a level of competence and safety that is, at the very least, equal 

to (or, in many cases, greater than) those provided by existing guidelines; and

3. The request is in the public interest and local benefit.
Approval of this exemption for SkyOhio will allow commercial operations of its SUASs for the 

purpose of videography and photography. The requested exemption should be granted because operation of small SUASs, weighing approximately 7 pounds, inclusive of battery and payload, conducted 

in the strict conditions outlined below, will provide an equivalent level of safety, as Congress intended, while still allowing commercial operations. The lightweight aircraft covered by the exemption are 

far safer than conventional operations conducted with helicopters and fixed-wing aircraft weighing 

thousands of pounds and carrying highly flammable fuel, and operating in close proximity to the 

ground, power lines, transmission towers, pipelines, and people. The seven factors Congress directed 

the FAA to consider when approving Section 333 exemption petitions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line 

of sight – each support the request. In particular, the aircraft are small, and will operate at slow speeds 

and close to the ground in order to more safely and efficiently conducts its operations without undue 

risk to the operators and persons and property on the ground.

The requested exemption will permit SkyOhio to operate its SUASs under closely monitored 

conditions in airspace that is confined/limited (<1,000 feet in any direction and <400 feet altitude), 

predetermined and agreed upon, and controlled to access and would provide safety enhancements to 

the already safe operations of those aircraft of similar size, weight, speed, and operating capability

that have been granted entry into the NAS via the rules in Academy of Model Aeronautics (“AMA”) 

National Aircraft Safety Code. Approval of this exemption would thereby greatly enhance safety and 

fulfill the Secretary of Transportation’s (the “Secretary”’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system” per Section 333 

(c) of the Reform Act. 

SkyOhio is requesting exemption from the following regulations: 

 

14 CFR Part 21, Subpart H

14 CFR 43.7

14 CFR 43.11 

14 CFR 45.11

14 CFR 45.27

14 CFR 45.29

14 CFR 61.23 (a) 

14 CFR 61.113 (a) and (b) 

14 CFR 91.7(a)

14 CFR 91.9(b)(2) 

14 CFR 91.9(c) 

14 CFR 91.103(b)(2)

14 CFR 91.105

14 CFR 91.109

14 CFR 91.113(b) 

14 CFR 91.119(b) and (c)

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 61.203 (a) and (b) 

14 CFR 61.215 

14 CFR 61.403 

14 CFR 91.405 (a) and (d) 

14 CFR 91.407 (a)(1) 

14 CFR 91.409

14 CFR 91.417 (a) and (b) 

The FAA’s authority to issue exemptions from operating rules, and the Secretary’s authority 

granted by Section 333 of P.L. 112-95, Special Rules for Certain Unmanned Aircraft Systems, provide
an opportunity to authorize certain SUAS operations in the National Airspace System (“NAS”) prior 

to implementation of the SUAS rule. This incremental step will allow SkyOhio to safely and legally 

enter into the NAS. 

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an unmanned aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight (“VLOS”) does not create a hazard to users 

of the NAS or the public or pose a threat to national security, and (2) whether a certificate of waiver, 

certificate of authorization, or airworthiness certification under 49 USC 44704 is required for the operation of civil (non-governmental) SUASs. Therefore, if the Secretary determines that such vehicles 

“may operate safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system”. 

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 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. In making this determination, the Secretary is required to 

determine which types of SUASs do not create a hazard to users of the NAS, to the public, or pose a 

threat to national security. 

I. SkyOhio Overview

SkyOhio’s business contact information is as follows:

SkyOhio, LLC 

6895 Epic Drive 

New Albany, OH 43054 

SkyOhio uses SUASs (quad-copters) weighing less than 7 pounds fully loaded (camera and battery). 

Quad-copters are small, agile SUASs with the ability to hover and move in the vertical and horizontal 

planes simultaneously. SkyOhio will operate only in VLOS, and only in tightly controlled and limited 

airspace. The SUASs are capable of operating at speeds of up to 49 MPH, but are routinely operated 

at much lower speeds, usually at a standstill for imaging. They are most frequently operated below 

200 feet above ground level (“AGL”), and never over 400 feet AGL. SkyOhio's exemption request 

would permit a commercial operation of its SUASs for aerial photography and videography in tightly 

controlled and limited airspace. Aerial photography and videography services will be offered to 

homeowners, realtors, commercial property owners/managers, homebuilders, and/or ranchers and 

farmers for use in, but not limited to, real estate and business marketing and safer inspections of real 

property. All operations will be conducted on private property and with the written and/or oral permission of the property owner(s), and always with privacy in mind. Operations will always be conducted 

in areas that are clear of all people, except the pilot in command (“PIC”) and the PIC’s helper(s). 
Such operations will ensure that the SUAS will “not create a hazard to users of the national airspace 

system or the public”. 

II. SkyOhio’s Aircraft

SkyOhio operates and uses the Phantom 3 Professional by DJI (see Exhibit 1) and the Inspire 1 by DJI 

(see Exhibit 2).

The specifications for the Phantom 3 Professional are as follows: 

Remote Controller Operating Frequency: 2.400 GHz-2.483 GHz 

Live View Working Frequency: 2.400 GHz ISM 

Weight (Battery & Propellers Included): 1280 g 

Max. Ascent Speed: 5 m/s 

Max. Descent Speed: 3 m/s 

Max. Speed: 16 m/s (ATTI mode, no wind) 

Max. Distance: 2000m (outdoors and unobstructed) 

Max. Flight Time: Approximately 23 minutes 

GPS Mode: GPS/GLONASS 

Operating Temperature Range: 0°C to 40°C Battery: 6000 mAh LiPo 2S 

Transmitter Power (EIRP) FCC: 20 dbm; CE:16 dbm 

Fail-Safe Automatic Return-to-Home 

The specifications for the Inspire 1 are as follows: 

Remote Controller Operating Frequency: 2.400 GHz-2.483 GHz 

Live View Working Frequency: 2.400 GHz ISM 

Weight: 2935 g Max. Ascent Speed: 5 m/s 

Max. Descent Speed: 4 m/s 

Max. Speed: 22 m/s (ATTI mode, no wind) 

Max. Distance: 2000m (outdoors and unobstructed) 

Max. Flight Time: Approximately 18 minutes 

GPS Mode: GPS/GLONASS Operating Temperature Range: -10°C to 40°C

Battery: 6000 mAh LiPo 2S 

Transmitter Power (EIRP) FCC: 20 dbm; CE:16 dbm 

Fail-Safe Automatic Return-to-Home 

The DJI Phantom 3 Professional and Inspire 1 have multiple factory-installed safety features. These 

features serve to minimize any risk posed by loss of control, loss of transmission signal or loss of orientation. These features include, but are not limited to: 
 GPS controlled positioning allows the SUAS to "know" its location, attitude and altitude. 

 RTH (return to home) when triggered, will bring the SUAS back and land it autonomously in 

the event the PIC is unable to do so. 

 FAILSAFE will return the SUAS and land it autonomously should the control transmission get 

cut off for any reason. 

 Auto-Takeoff and Landing 

These highly advanced capabilities will ensure that the SUASs can be safely operated and “not create 

a hazard to users of the national airspace system or the public.” 

III. Pre-flight Action Plan

The PIC will follow comprehensive pre-flight and flight checklists to ensure that the SUAS is in a 

condition for and will maintain safe flight. This plan will be improved as needed in order to ensure all 

known safety precautions and/or safety precautions suggested by the manufacturer are being accounted for.

BASE CAMP CHECKLIST - Before Traveling to Location

1. Confirm controller firmware is up to date

2. Confirm SUAS firmware is up to date

3. Inspect SUAS for obvious defects

4. Confirm batteries are fully charged

1. SUAS Batteries

2. Controller batteries

3. iPad

5. Confirm previously shot footage has been backed up and SD card is formatted

PRE-FLIGHT CHECKLIST - On Location

1. Mark off an area with traffic cones that has a 20 ft. radius, approximately 30 ft. from the PIC, 

that will be used as the “home position” for the SUAS to return

2. Remove SUAS, place in safe launch and recover position 

3. Setup controllers - Confirm iPad Monitor brightness is set to high & hoods are installed

4. Angle controller antennas upward

5. Turn on controllers

6. Turn on SUAS

7. Exit travel mode

8. Install camera

9. Calibrate compass

10. Install propellers

11. Adjust minimum return height

12. Confirm a clear frequency is chosen

13. Power down SUAS and controllers

14. Hold safety meeting
SAFETY MEETING TALKING POINTS

1. All bystanders must stand at least 10ft behind the PIC and at least 20ft from the home position 

during flight. 

2. Everyone should keep their eyes on the SUAS AT ALL TIMES while it is in flight so that if 

something goes wrong, they are aware and ready to react in an instant.

3. All bystanders must keep conversation during flight to a minimum – Only the PIC and the 

PIC’s helpers should be talking during flight so that the PIC can have complete focus and can 

hear the helpers. 

FLIGHT CHECKLIST

1. Power on controllers and SUAS

2. Confirm flight area is clear of people

3. Warn bystanders of imminent takeoff

4. Hover close for 20 seconds. Look/listen for defects

5. Confirm expected stick operation

6. Monitor battery power

7. Keep line-of-sight with SUAS if possible

8. Monitor signal strength

IV. Preventative Maintenance 

A comprehensive preventative maintenance plan will be followed in order to ensure the SUAS’s 

firmware is up-to-date, the batteries are in good health, and the aircraft itself is always ready for safe 

flight. (SkyOhio follows suggested maintenance in attached DJI User Manuals - See Exhibits 1 and 2) 

V. PIC Qualifications 

The PIC does not hold an airman certificate or medical certification. Since the SUAS is similar in size, 

weight, speed and operating capability as those currently allowed to be flown for hobby/recreation, 

holding the PIC to those same set of standards will allow for an equivalent level of safety.

The PIC began flying model airplanes in 1995 at the age of 13. He has over 20 years of experience 

piloting gas and electric powered model aircraft. He was an active member of the Tailspinners RC 

club in Reynoldsburg, Ohio and is a current member of the Academy of Model Aeronautics. Because 

the PIC is not actually in the aircraft, quick reflexes, manual dexterity and computer knowledge are

more important to safely piloting the SUAS than possession of an airman certificate.

It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, 

has the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace. Since there are no standards for either private or 
commercial SUAS pilot certificates, knowledge of airspace regulations and dexterity in the control 

and operation of the SUAS acquired from actual operation of the aircraft will be the most important 

factors in establishing an equivalent level of safety. With that in mind, SkyOhio proposes that its PIC 

be required to do the following prior to the first commercial operation: (Note - These are mostly the 

same requirements proposed by John Sherman, DBA Mad Hornet Aerial Photography, and by 

Singer's Creations in their successful requests for exemption.)

SkyOhio believes that these requirements are an excellent start to ensure the PIC is qualified to 

operate safely: 

1. Perform 40 flights or log 40 hours of flight time with the DJI Phantom 3 Professional and DJI Inspire 1. 

2. Study and be familiar with all sections of the DJI Phantom 3 Professional User Manual.

3. Study and be familiar with all sections of the DJI Inspire 1 User Manual.

4. Study, be familiar with, and demonstrate (where possible) the “Always be Prepared for the Worst” 

scenarios. 

VI. Public Interest and Equivalent Level of Safety

Granting this exemption would benefit the public as a whole. SUASs offer a strong equivalent level of 

safety, a reduction in environmental impacts, and are free from the harmful emissions associated with 

the manned aircraft that are currently used for aerial photography and videography. Due to the size of 

the SUAS and the tightly controlled and limited airspace in which the SUAS will operate, approval of 

this application presents negligible risk to the public. Furthermore, the public will be able to legally

acquire aerial photography and videography that would normally only be obtainable by employing 

helicopters or fixed wing aircraft, which are far more dangerous to the public than an SUAS that is 

properly flown.

VII. Equivalent Level of Safety 

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace system in the 

world and to minimize the risk to the NAS or to persons and property on the ground, SkyOhio agrees 

to be bound by the following limitations and conditions when conducting commercial operations under an FAA issued exemption: 

A. For the purposes of ensuring the SUASs will be operated within the standards that the FAA has 

allowed in the AMA National Model Aircraft Safety Code:

1. SUASs will not be flown:

a. In a careless or reckless manner
b. At a location where SUAS activities are prohibited

2. SUAS pilots will:

a. Yield the right of way to all human-carrying traffic

b. See and avoid all aircraft and utilize a spotter when appropriate

c. Not fly higher than 400 feet AGL or within three (3) miles of an airport without notifying the airport operator

d. Not interfere with operations and traffic patterns at any airport, heliport, or seaplane 

base except where there is a mixed use agreement

e. Not exceed a takeoff weight of 55 pounds (including payload)

f. Ensure the aircraft is identified by affixing the owner’s contact information to the outside of the SUAS

g. Not operate SUASs while under the influence of alcohol or while using any drug that 

could adversely affect the PIC’s ability to safely control the model

h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or any device 

which propels a projectile or drops an object that creates a hazard to persons or property.

3. SUASs will not be flown unless:

a. The aircraft, control system, and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event

b. An inexperienced pilot is assisted by an experienced pilot

4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles, or structures 

and shall avoid endangerment of life and property of others

5. A successful radio equipment ground-range check in accordance with manufacturer’s recommendations will be completed before the first flight of a new or repaired model aircraft 

6. SUASs must use the radio-control frequencies currently allowed by the Federal Communications Commission (FCC)

7. SUASs will not knowingly operate within three (3) miles of any pre-existing flying site without a frequency-management agreement

8. Excluding takeoff and landing, no SUASs may be flown outdoors closer than 25 feet to any 

individual, except for the PIC and the PIC’s helper(s) located at the takeoff site

9. Under no circumstances may a PIC or other person touch a SUAS in flight while it is still under power, except to divert it from striking an individual

10. The PIC of the SUAS shall:

a. Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed to the PIC

b. Fly using the assistance of a camera or First-Person View (FPV) only in accordance 

with the procedures outlined in AMA Document #550

c. Fly using the assistance of autopilot or stabilization system only in accordance with the 

procedures outlined in AMA Document #560

11. The flying area must be clear of all utility wires or poles and SUAS will not be flown closer

than 50 feet to any above-ground electric utility lines
12. The flying area must be clear before the engine is started, except for the PIC and the spotter

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety Code and in 

an effort to enhance the safety offered by the already safe operations mentioned above, SkyOhio also 

agrees to be bound by the following limitation and conditions:

1. Flights will be operated within VLOS of the PIC

2. Maximum total flight time for each operational flight will be 18 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 18 minute limit

3. The SUAS will only operate in tightly controlled and limited airspace

4. A briefing will be conducted in regard to the planned SUAS operations prior to each flight. It 

will be mandatory to all personnel who will be performing duties within the boundaries of the 

safety perimeter be present for this briefing 

5. The PIC and the PIC’s helper(s) will have been trained in operation of the SUAS and received 

up-to-date information on the particular SUAS to be operated

6. The pilot and the PIC’s helper(s) will at all times be able to communicate by voice

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have capability to 

return to a pre-determined location within the security perimeter and safely land

8. The SUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies

9. All flights will be conducted on private property and with the written and/or oral permission of 

the property owner(s)

10. Flights will always be conducted in areas that are clear of all people, except the PIC and the 

PIC’s helper(s)

11. All flights will be conducted outdoors in visual meteorological conditions (VMC) and never 

during severe weather conditions

12. Flights will not occur in weather conditions that prevent the PIC from operating within VLOS

at all times or in weather conditions that dramatically affect the SUAS’s flight (e.g. high 

winds)

13. If operation occurs in an area where people could inadvertently enter the area, an operational 

border will be established with traffic cones. If it is not feasible to use traffic cones due to interference with the photography/videography, the PIC’s helper(s) will be responsible for keeping a safe perimeter around the operation. The operation will cease immediately and be rescheduled if it is impossible to establish a safe perimeter around the operation 

14. The PIC will be responsible for logging all flights to ensure the comprehensive preventative 

maintenance plan can be followed, as describe by the “Preventative Maintenance” section below

15. The SUAS will not be routinely operated in the proximity of any airports. In any cases where 

the SUAS must be operated within three (3) miles of an airport, the airport operator will be notified before the operation commences. The operation of SUASs, weighing less than 7 lbs., 

conducted in the strict conditions as outlines above, will provide an equivalent level of safety 
supporting the grant of 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 tightly controlled environment. As a result, they offer a much safer way to represent a safety enhancement to the already safe operations that have been granted by the FAA for the establishment of the AMA National Model 

Aircraft Safety Code. 

VIII. Privacy

Since the areas being photographed or filmed will be on private property, accessed only after given 

written and/or oral consent by the property owner(s), and clear of all people, except for the PIC and 

the PIC's helper(s), approval of this application presents no risk to the public privacy. In addition, 

SkyOhio will honor all requests for "no-fly zone".

IX. National Security

Due to the size of the SUAS and the tightly controlled and limited airspace in which the SUAS will 

operate, approval of this application presents no risk to national security.

X. Requested Exemptions

SkyOhio requests exemption from the following regulations since it is not possible to fully comply 

with them, and attempting to follow them for the purposes of operating a SUAS would make it impossible for SkyOhio to conduct its commercial operations:

(1) 14 CFR Part 21, Subpart H: Airworthiness Certificates

Subpart H 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, 

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 USC 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 SUAS. In all cases, an analysis of these criteria 

demonstrates that the SUAS 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 

operating with an airworthiness certificate without the restrictions and conditions proposed.

(2) 14 C.F.R. 43.7: Persons Authorized to Approve Return to Service

This regulation provides, in part, that the holder of a mechanic certificate or a repair station certificate 

may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return 

to service. Since the nature of the SUAS is that of a model aircraft, and SkyOhio’s service technicians
will conduct maintenance as outlined in Article IV and required by the manufacturer of the SUAS, 

DJI, the capabilities of SkyOhio’s service technicians to maintain and repair the SUAS will meet the 

requirement for an equivalent level of safety pursuant to Section 333 for the type of SUAS, its intended use, and the operating environment.

(3) 14 C.F.R. 43.11: Content, form, and disposition of records 

This regulation provides, in part, that maintenance record entries be maintained and for the listing of 

discrepancies and placards by inspectors. The SUASs, due to their small size, do not have room for 

placards to be placed in or on them and no inspections for SUAS have been certified by FAA at the 

present time. Since SkyOhio’s flight crews will keep log books of all maintenance and repair at the 

ground station, an equivalent level of safety will be achieved because the documentation will be at the 

ground station with the PIC, where it will be useable in case of an emergency, rather than with the 

SUAS.

(4) 14 C.F.R. 45.11: Marking of products.

This regulation provides, in part, that the manufacturers of aircraft, engines, propellers, mark such aircraft, engines, or propellers with an approved fireproof identification plate. The SUAS, due to its 

small size, does not have room for fireproof placards to be placed in it. Any required placards could 

become hazardous, due to the additional weight and strain placed on the SUAS.

An equivalent level of safety will be achieved because SkyOhio’s flight crew will keep information 

related to the SUAS, including the user manual, at the ground control station, and affix its N-Number, 

once obtained from the FAA Registration Office, on the “arms” of the SUAS as large as practicably

possible. In addition, the relevant documentation will be at the ground station with the PIC, where it 

will be useable in case of an emergency, rather than with the SUAS. Also, the fuselage is marked with 

“DJI,” the manufacturer of the SUAS. 

(5) 14 C.F.R. 45.27: Location of marks; nonfixed-wing aircraft.

The FAA has stated that a petitioner’s aircraft must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 

CFR part 45, Subpart C, and that markings must be as large as practicable. SkyOhio is prepared to 

identify its SUASs by serial number, register them in accordance with 14 C.F.R. part 57, and have NNumber markings on the SUASs. However, 14 C.F.R. 45.27 requires that each operator of a rotorcraft 

must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the 

marks required by §45.23. SkyOhio’s SUASs, due to their small size, do not have a cabin, fuselage, 

boom or tail to display the marks required by §45.23.

An equivalent level of safety will be achieved because once SkyOhio receives N-Numbers for its 

SUASs, it will display these marks on the “arms” of the aircraft as large as practicably possible and 

because the SUASs will be registered with the FAA Aircraft Registration Branch. In the event of incident, the SUAS will be traceable to SkyOhio.
(6) 14 C.F.R. 45.29: Size of marks

The FAA has previously determined that relief from this Section is not necessary, so long as the 

SUAS in question is registered with the FAA and markings are as large as practicably possible. See 

Exemption No. 11136. SkyOhio requests the FAA make the same determination for this petition. Alternatively, SkyOhio requests an exemption from 14 C.F.R. 45.29. This regulation provides, in part, 

that the registration marks for rotorcraft must be at least 12 inches high. The SUAS, due to its small 

size, does not have any surface area large enough to display marks 12 inches high.

An equivalent level of safety will be achieved because SkyOhio will affix its registration numbers as 

large as practicably possible on its “arms” once it obtains N-Numbers for its SUASs and the SUAS 

will be registered with the FAA Aircraft Registration Branch. In the event of incident, the SUAS will 

be traceable to SkyOhio.

(7) 14 CFR 61.23 (a): Medical certificates

This regulation requires pilots of manned aircraft to hold a medical certificate. Since: risks associated 

with the operation of the proposed SUASs are significantly diminished from the level of risk associated with any manned aircraft; the SUASs are of a size, weight, speed, and operational capability which 

makes it much safer than any manned aircraft; operations will occur in tightly controlled and limited 

airspace; and considering that all operations will be on private property that is clear of all people, obtaining and maintaining a medical certificate would not improve the safety of the operation. In the 

very rare case of a mishap, the SUAS being flown will pose significantly less of a threat than any 

manned helicopter or fixed wing aircraft because the SUASs are a fraction of the size, a fraction of the 

weight, will be flown at a fraction of the speed, carry no flammable fuel, and carry no crew or passengers.

(8) 14 CFR 61.113 (a) and (b): Private pilot privileges and limitations: Pilot in command

These regulations limit private pilots to non-commercial operations. Because: the SUASs will not carry a pilot or passengers; due to the SUASs’ size, weight, speed, and operational capabilities; and since 

operations will occur in tightly controlled and limited airspace, the proposed operations can achieve 

the equivalent level of safety of current operations that currently require a commercial pilot’s license. 

Furthermore, since there are no standards for either private or commercial SUAS pilot certificates, 

knowledge of airspace regulations and dexterity in the control and operation of the SUAS acquired 

from actual operation of the aircraft will be the most important factors in establishing an equivalent 

level of safety. It cannot be assumed that a commercial pilot, approved to operate a manned helicopter 

or fixed wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating at 

400 feet AGL or lower, within strictly controlled pre-approved airspace.

(9) 14 C.F.R. 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

The FAA has previously stated that no exemption is required for this Section. SkyOhio requests the 
same determination to be made for this Petition. Alternatively, SkyOhio requests an exemption from 

14 C.F.R. 91.7(a). As there will be no airworthiness certificate issued for the aircraft should this exemption be granted, no standard will exist for determining airworthiness.

An equivalent level of safety will be achieved because SkyOhio will keep the SUASs’ maintenance 

and safety information at the ground station, where it will be readily accessible to the PIC and VO before, during, and after operations, and the PIC will be able to reference this material and make the determination of whether the SUAS is in an airworthy mechanical and electrical condition in accordance 

with 14 C.F.R. 91.7(b).

(10) 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements.

The FAA previously stated that exemption to this Section was not necessary. See Exemption No. 

11136. SkyOhio requests the same determination to be made for this Petition. Alternatively, SkyOhio 

requests an exemption from 14 C.F.R. 91.9(b)(2). This regulation provides: "(b) No person may operate a U.S.-registered civil aircraft... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination 

thereof." First, there does not currently exist a method of approving manuals for SUAS. Second, given 

the size and configuration of the SUAS, there is no space to carry such a flight manual on the aircraft. 

In addition, carrying the manual on the aircraft would be pointless, since there is no pilot or other person on board who could read or use it. On August 8, 2014, the FAA issued a memorandum entitled 

“Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s 

control station.” This document stated that in the case of SAUSs, “maintaining these documents at the 

pilot’s control station would meet the intent of the rule as the pilot would be able to produce the documents for his or her own information or to an FAA inspector.” 

An equivalent level of safety will be achieved because SkyOhio will keep its flight manual at the 

ground station, where both the PIC and the PIC’s helpers can access it and, therefore, the intent of this 

rule – the pilot having access to this material during flight – is met.

(11) 14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements.

The FAA has previously determined that relief from this Section is not necessary. See Exemption No. 

11136. SkyOhio requests the FAA to make the same determination about its petition. Alternatively, 

SkyOhio requests an exemption from 14 C.F.R. 91.9(c). This regulation provides: "(c) No person may 

operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of 

this chapter." As stated above, SkyOhio will obtain N-Numbers from the FAA Registration Office and 

the SUASs, due to their small size, do not have room to contain fireproof placard or to display aircraft 

marks in a conventional size. However, once SkyOhio obtains its N-Numbers, it will place the number on the “arms” of the aircraft as large as practicably possible.
An equivalent level of safety will be achieved because SkyOhio will affix its registration numbers as 

large as practicably possible on its “arms” once it obtains N-Numbers for its SUASs and the SUAS 

will be registered with the FAA Aircraft Registration Branch. In the event of incident, the SUAS will 

be traceable to SkyOhio.

(12)14 C.F.R. 91.103(b)(2): Preflight action.

SkyOhio requests an exemption from 14 C.F.R. 91.103(b)(2) to the extent that it is applicable. This 

regulation provides: "Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include—... (b) For any flight, 

runway lengths at airports of intended use, and the following 16 takeoff and landing distance information: ... (2) For civil aircraft other than those specified in paragraph (b)(1) of this Section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under expected values 

of airport elevation and runway slope, aircraft gross weight, and wind and temperature." SkyOhio’s 

flight crew in fact will, before beginning a flight, become familiar with all available information concerning that flight, as outlined in Article III, above, and elsewhere in this Petition. As the flights of the 

SUAS will not be at airports, the information required of Part 91.103(b)(2) does not apply.

An equivalent level of safety will be achieved because SkyOhio shall perform preflight operations as 

outlined previously in this Petition, flights will not be at airports, and the PIC and VO will become 

familiar with the conditions prior to the flight, also as outlined previously in this Petition.

(13)C.F.R. 91.105: Flight crewmembers at stations. 

SkyOhio requests an exemption from 14 C.F.R. 91.105 since this regulation is not applicable due to 

the SUAS carrying no flight crewmembers. 

An equivalent level of safety will be achieved because SkyOhio will not operate the aircraft unless 

someone is at the radio controls at all times and because the flight crew will be at their stations at all 

times during the flight. The stations will not be on the aircraft but on the ground.

(14)14 CFR 91.109: Flight instruction

This regulation 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. SUASs 

and remotely piloted aircraft, and by their design 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 approved exemptions for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. Alternatively, 

SkyOhio requests an exemption from 14 C.F.R. 91.109. The equivalent level of safety will be 

achieved because neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the aircraft.

(15)14 C.F.R. 91.113(b): Right-of-way rules: Except water operations.
This regulation provides: “(b): General. When weather conditions permit, regardless of whether an 

operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this 

section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not 

pass over, under, or ahead of it unless well clear." SkyOhio requests an exemption from 14 C.F.R. 

113(b) to the extent that it applies to overhead aircraft operating at or above 500 feet AGL as the 

SUAS will be operating no higher than 400 feet AGL. Despite this, should another aircraft enter the 

area in which SkyOhio is operation, because the flight will be within his or her line of sight, the PIC 

will be able to give right of way to that aircraft.

An equivalent level of safety will be achieved because SkyOhio will operate its SUAS to see and 

avoid and give way to other aircraft that might enter nearby airspace at or below 400 feet AGL, and 

will give right-of-way to manned aircraft. Also, because the SUAS has significantly greater mobility 

than a much larger, manned aircraft, the PIC will be able to react and respond to avoid any collision 

much more quickly than the other pilot.

(16)14 C.F.R. 91.119(b) and (c): Minimum safe altitudes: General. 

This regulation provides: "Except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes... (b) Over congested areas. Over any congested area of a city, 

town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the 

highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. 

In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.”

An equivalent level of safety will be achieved because SkyOhio will operate the SUAS no higher 

than 400 feet AGL and SkyOhio’s SUAS operations will provide at least an equivalent level of safety 

to manned aircraft that are maintaining a distance of at least "500 feet to any person, vessel, vehicle, 

or structure.” The 400 feet AGL maximum will provide an equivalent level of safety to 14 C.F.R. 

91.119(c) because, since 1981 with AC 91-57, this height has been an operating standard for model 

aircraft. Additionally, the flight crew will make a safety assessment prior to each operation regarding 

the risks of operating in a certain area, and only operate when the risk does not present an undue hazard to themselves or to others.

(17)14 CFR 91.121: Altimeter settings

This 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 does not have a barometric altimeter, but instead a GPS altitude read-out, an exemption is appropriate. An equivalent level of safety will be achieved by the PIC

by confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Additionally, SkyOhio will not be flying into or out of an airport. SkyOhio will not operate the SUAS 
above 400 feet AGL in a sustained cruising flight mode such as a manned aircraft will typically fly. 

The PIC will at all times be controlling the maximum height of the SUAS through the telemetry features of the SUAS. Additionally, the SUAS will be operated within the line of sight of the PIC. The 

FAA has previously granted this exemption in the MPAA Exemptions.

(18)14 CFR 91.151 (a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at 

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the 

SUAS provides approximately <25 minutes of powered flight. That would make it impossible to meet 

the 30-minute reserve requirement. However, the SUAS will be operated in a manner with at least 

the equivalent level of safety as a manned aircraft complying with Part 91.151. Operation of a SUAS 

with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) 

was intended to alleviate. During the entire flight, the PIC will always have a visual line of sight of 

the SUAS, and be able to monitor the battery life via the telemetry display on the controller. Additionally, there will be a timer set to ensure that the flight time does not exceed 80% of the battery life of 

the SUAS. Thus, the SUAS will always have enough power to land safely, given the minimum level 

of reserve capacity of the batteries. Granting an exemption from 14 CFR §91.151(a) is entirely consistent with similar exemptions already granted to other operations, including the MPAA Exemptions. 

An equivalent level of safety will be achieved because SkyOhio will limit flights to 80% of battery 

power. The proposed exemption meets an equivalent level of safety to 14 C.F.R. 91.151 because, given the limitations on SkyOhio’s proposed operations and the location of those operations, a reduced 

minimum power reserve for flight in daylight VFR conditions is reasonable.

 

(19)14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required. 

The FAA has previously determined that exemption from 14 C.F.R. 91.203(a) and (b) is not necessary. 

See Exemption No. 11136. Alternatively, SkyOhio requests an exemption from 14 C.F.R. 91.203(a) 

and (b). This 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... (2) An effective U.S. registration certificate issued to its owner... (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.” First, there are currently no procedures in effect for providing airworthiness certificates for SUASs. However, as a condition to the approval of exemption, SkyOhio will display N-Numbers, once received, on the SUASs. Additionally, the flight crew will keep the SUAS 

manuals at the ground station. Second, SkyOhio will use the DJI Phantom 3 and Inspire 1, which have

an equivalent level of safety as a manned aircraft with an airworthiness certificate. These SUASs provide a number of safety features, including the automatic return to home failsafe. Because of the use 

of GPS with the SUAS, the operator will set the initial location of flight takeoff ("home position") and 

if the radio control link is broken, the autopilot system will recognize this broken control link and 
cause the SUAS to automatically return to the home position as recorded by the GPS instrumentation. 

Additionally, because the SUAS team will mark off an area with traffic cones that has a 20 ft. radius, 

approximately 30 ft. from the operators, that will be used as the “home position” for the SUAS to return, no one will be standing in the way of the path. These enhancements and procedures provide a 

greater degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under Subpart H. Application of these same criteria demonstrates that there is no credible threat to national security posed by the SUAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial payload. In the restricted environment and under the conditions proposed, operation of the SUAS will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating 

with an airworthiness certificate. An equivalent level of safety will be achieved because SkyOhio’s 

SUASs weigh less than 7 lbs. each, inclusive of batteries and technical payload, carry neither a pilot 

nor passengers, and carry no explosive materials or flammable liquid fuels. Each SUAS will be tightly 

controlled and monitored by the operator and the observer, and in compliance with local public safety 

requirements, in order to provide security for the area of operation. 

(20)14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use.

This regulation requires that installed Air Traffic Control (ATC) transponder equipment must meet 

specific performance and environmental requirements, and aircraft must be equipped with an operable 

coded radar beacon transponder. There are presently no known commercially available ATC transponders that meet the payload requirements of a SUAS and are available at reasonable cost. However, because the SUASs used by SkyOhio will not be flying into or near airports, and will fly no higher 

than 400 feet AGL, there is very low risk of collision with any manned aircraft. In addition, because 

there will be no need to have contemporaneous communication with ATC Control, due to the short 

distances, short flight times, and restricted altitude the SUASs will operate within, SkyOhio requests 

an exemption from this regulation. Additionally, the SUAS is too small to contain ATC transponder 

equipment in any form that is known to be available commercially. An equivalent level of safety will 

be achieved because SkyOhio will not fly its SUAS into or near airports, and all operations will be 

below 400 feet AGL, so there is very low risk of collision with any manned aircraft. SkyOhio also 

will give right of way to any manned aircraft that do appear.

(21)14 C.F.R. 91.403: General.

This regulation requires that the owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition. SkyOhio will adhere to this requirement. However, this 

Section also limits maintenance to that “prescribed in this subpart and other applicable regulations, 

including part 43 of this chapter.” Because of this limitation, and because of the exemptions under 

Part 43 requested above, SkyOhio requests an exemption from this Section. This exemption meets the 

requirements for an equivalent level of safety pursuant to Section 333 based on the small size, light 

weight, relatively slow speed, controlled area, and use of barriers to protect nonparticipating individuals, as appropriate. An equivalent level of safety will be achieved because SkyOhio will maintain its 

SUASs in an airworthy condition and adhere to all manufacturer requirements for inspecting and 
maintaining them. SkyOhio’s service technicians will conduct maintenance as required by the manufacturer of the SUASs, DJI. The maintenance records will be available to the flight crew before, during, and after operations. 

(22)14 C.F.R. 91.405 (a) and (d): Maintenance Required.

The FAA has previously determined that relief from 14 C.F.R. 91.405 is warranted. This regulation 

requires that aircraft be inspected as prescribed by Section E, 14 C.F.R. §§91.401-91.421. As shown 

below, SkyOhio is applying for an exemption for these Sections, due to the fact that its operators will 

inspect the SUAS prior to each flight and keep maintenance records of all parts that are replaced. Because the Sections discussed below are concerned with manned aircraft, and as such have inspection 

requirements designed for the safety of passengers, they are inapplicable to SkyOhio. SkyOhio is also 

applying for an exemption to subpart (d) of this Section, which requires a placard to be installed and 

references §43.11. As noted previously, SkyOhio requests an exemption to the placard requirement, 

because, due to the small size of the SUAS, there is no room to place the placard. Despite the requested exemption from subparts (a) and (d) of this Section, SkyOhio will follow subparts (b) and (c) of 

this Section. An equivalent level of safety will be achieved because SkyOhio will keep logbooks detailing all inspection, maintenance, and repairs to the SUAS. SkyOhio will also follow DJI’s guidelines for inspection and maintenance. As the FAA has determined in Exemption Nos. 11136 and 

11138, following the manufacturer’s guidelines will achieve an equivalent level of safety to 14 C.F.R. 

91.405(a) and (d), because of the small size of the SUAS in question and the limited nature of operations. 

(23)14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or alteration.

The FAA has previously determined that relief from 14 C.F.R. 91.407 is warranted. This Section prevents any aircraft from operation that “has undergone maintenance, preventative maintenance, rebuilding, or alteration unless (1) [i]t has been approved for return to service by a person authorized 

under §43.7 of this chapter; and (2) [t]he maintenance record entry required by §43.9 or §43.11, as 

applicable, of this chapter has been made.” However, SkyOhio has requested an exemption from §§ 

43.7 and 43.11 as described previously. The capability of the operators to maintain and repair the 

SUAS meets the requirements for an equivalent level of safety pursuant to Section 333 for both the 

type of SUAS, its intended use, and the rural operating environment. Additionally, due to the small 

size of the SUAS, there is no room to place inspection placards. Therefore, because SkyOhio has requested an exemption from §§43.7 and 43.11, SkyOhio respectfully requests an exemption from 

91.407. An equivalent level of safety will be achieved because SkyOhio will regularly inspect and 

maintain its SUASs in accordance with the SUAS manuals. SkyOhio will keep detailed inspection 

and maintenance records that will be available to the flight crew before, during, and after operations. 

(24)14 C.F.R. 91.409: Inspections.

The FAA has previously determined that relief from 14 C.F.R. 91.409 is warranted. This Section lays 

out specific requirements for inspections of aircraft. SkyOhio requests an exemption from these re-
quirements because they are intended to maintain the safety of manned aircraft significantly larger 

and capable of significantly longer flights than is SUAS. An equivalent level of safety will be 

achieved because, as discussed above, SkyOhio has an inspection procedure that provides an equivalent level of safety to 14 C.F.R. 91.409.

(25)14 C.F.R. 91.417: Maintenance records.

The FAA has previously determined that relief from 14 C.F.R. 91.417 is warranted. SkyOhio requests 

an exemption from this Section, as it is only applicable for aircraft with an airworthiness certificate. 

Because SkyOhio will not have an airworthiness certificate, this Section is inapplicable. An equivalent level of safety will be achieved because SkyOhio will keep detailed maintenance records that will 

be accessible to the PIC and the VO before, during, and after operations.

In accordance with 14 CFR Part 11, the following summary is provided for publication in the 

Federal Register: The applicant seeks an exemption from the following rules: Section 333 from 

14 CFR Part 21, Subpart H; 14 CFR 43.7; 14 CFR 43.11; 14 CFR 45.11; 14 CFR 45.27; 14 CFR 

45.29; 14 CFR 61.23 (a); 14 CFR 61.113 (a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 

91.9(c); 14 CFR 91.103(b)(2); 14 CFR 91.105; 14 CFR 91.109; 14 CFR 91.113(b); 14 CFR 

91.119(b) and (c); 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 61.203 (a) and (b); 14 CFR 

61.215; 14 CFR 61.403; 14 CFR 91.405 (a) and (d); 14 CFR 91.407 (a)(1); 14 CFR 91.409; 14 

CFR 91.417 (a) and (b) to homeowners, realtors, commercial property owners/managers, home 

builders, and/or ranchers and farmers for use in, but not limited to, real estate and business 

marketing and safer inspections of real property.

The operation of SUASs conducted in the strict conditions outlined above, will provide an equivalent 

and/or greater 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 environment, and as a

result, are far safer than existing operations conducted with helicopters operating in close proximity to 

the ground, people, or other buildings in the vicinity. Given the small size of the SUASs involved, 

the slow speed at which they must be operated in order to capture photos and videos, and the restricted environment within which they will operate, SkyOhio’s SUASs demonstrate that they can be operated within an equivalent level of safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of SUASs to commence immediately. Also, due to the size of the 

SUASs and the restricted areas in which the relevant SUASs will operate, approval of this application 

presents no threat to national security. Given the clear direction in Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, the strong equivalent level of safety surrounding the 

proposed operations, the significant public benefit – including enhanced safety, reduction in environmental impacts, no emissions, ability to legally obtain aerial photography and videography services –

the grant of the requested exemptions is in the public interest. Accordingly, SkyOhio respectfully requests that the FAA grant the requested exemption without delay. Satisfaction of the criteria provided 

in Section 333 of the Reform Act – size, weight, speed, operating capability, proximity to airports and 
populated areas, operation within the visual line of sight, public safety, and national security – provide 

more than adequate justification to grant SkyOhio the requested exemption, allowing for commercial 

operations as described herewith. 

Sincerely,

Richard E. Kozlowski, Esq.

Attorney for SkyOhio, LLC 
Attachments:

Exhibit 1 – DJI Phantom 3 Professional quick start guide and User Manual

Phantom 3 Professional Quick Start Guide

Phantom 3 Professional User Manual

Exhibit 2 – DJI Inspire 1 quick start guide and User Manual 

Inspire 1 Quick Start Guide

Inspire 1 User Manual