Henry J Peraza d/b/a SkyView Photoworks

4995 University Drive Coral Gables, FL 33146 April18, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 ofthe FAA Reform Act and PartIIofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b): 14 C.F.R. Part 21: 14 C.F.R. Part 61.113 (a) &(b): 91.7 (a): 91.9 (b) (2): 91.103 (b): 91.109: 119:91.121:91.151 (a)&(b): 91.405 (a): 91.407 (a)(1): 91.409 (a) (2): 91.417 (a)&(b). Dear Siror Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Actof 2012 (the Reform Act) and 14 C.F.R Part 11, Henry J Peraza d/b/a SkyView Photoworks, operator of Small Unmanned Aircraft Systems ("sUAS'), hereby applies foran exemption from the above listed Federal Aviation Regulations (FAR's") to allow commercial operations ofits sUAS. All operations will be conducted inasafe manner**~nd**infull accordance with all FAA regulations. Proposed commercial operations areas follows: 1. Aerial Photography and Videography for the commercial and residential real estate industry. 2. Aerial Photography and Videography for the marine industry. 3. sUAS flight training. 4. Aerial inspection of public and private facilities and structures. 1The applicant for this exemption holds a current Private Pilot Certificate with approximately 500 hours ofPIC experience. In addition, applicant has extensive sUAS operations experience having logged more than 50 hours of flight time inthe last year. The name and address ofthe applicant is: HenryJ Peraza d/b/a SkyView Photoworks Phone: 305-299-3574

Email: hem:y@skyviewphotoworks.comAddress: 4995 University Drive, Coral Gables, FL 33146 Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a)&(b) 14 CFR 91.405 (a) 14 CFR 91.407 (a)(1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a)&(b) The sUAS operated by applicant weigh significantly less than 55 lbs. All aircraft operate

at speeds not exceeding SSkts. All operations are conducted in line of sight ofPIC. All training will be conducted with dual controllers to ensure safe operations. 2Duetothe small size ofthe sUAS used by applicant, and the fact that all operations will be conducted in controlled airspace bya certificated Private Pilot with extensive flying experience, the proposed operations will adhere tothe Reform Act's safety requirements. Aircraft and Equivalent Level of Safety Limitations and conditions to which applicant agrees to adhere to when conducting commercial operations: 1.All flights will be conducted within line of sight ofthe PIC and/or observer. 2.All flights will be conducted atan altitude notto exceed 400 feet above ground level (AGL). 3. The sUAS used will have built in safety features that alert the pilot in command of any restricted airspace incursions as well asa return-to-home feature that autonomously causes the aircraft to return toits designated point of takeoff inthe event ofa breakdown of communications between the aircraft's receiver and ground transmitter and/or loss ofGPS signal. 4. The PIC will ensure thatapre takeoff checklist is performed before every flight in order to ensure that the aircraft isin proper operating condition. 5. The PIC will ensure that all commercial operations are conducted inasafe and responsible manner with particular attention paid tothe safety of persons and property. 6. The PIC will ensure that all operations in controlled airspace adhere toall current restrictions and regulations. 7. Minimum crew for each operation will consist ofthe PIC, the Visual Observer (VO) and when required a camera operator. 8.A briefing ofthe planned flight will be conducted before each flight. 9. When required, all necessary permits will be obtained from territorial, state, county orcity departments, including law enforcement, fireor other government agencies. 10. Maximum flight time will be thirty minutes and terminated at 25% of remaining battery power. 314 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR§ 91.203 (a) (1). Because ofthe size and limited operating area associated with the aircraft tobe utilized by Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 33 3ofthe Reform Act. The Federal Aviation Act(49 U.S.C. §44 701 (f) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement foran airworthiness certificate, upon consideration ofthe size, weight, speed operational capability, and proximity to airports and populated areas ofthe particular sUAS. Safety considerations in mind, the operation

ofthe applicant's sUAS aircraft inthe manner proposed, will beas safe or safer, than conventional aircraft. The sUAS tobe operated is significantly less than 55lbs. fully loaded, carriers neither a pilot nor passenger, carries no hazardous explosive or flammable materials such as fuel,

and will operate only within secure and designated areas. Furthermore, given the size limitations, speed, restricted flight areas, and lack of explosive or flammable materials,

Applicants sUAS poses no threat to national security. 14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter tiN" and the registration number is displayed on limited, restricted or light sport category aircraft, the operator must also display onthe aircraft near each entrance tothe cabin, cockpit, or pilot station, in letters no less than2 inches nor more than 6 inches high,**~he** words**~~limited," ~~restricted,"** **~~light** sport,"**~~experimental,"** or**~~provisional,"** as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed asthe sUAS will have no entrance tothe cabin, cockpit or pilot station on which the word**~~experimental"** can be placed. Given the size ofthe sUAS, two inch lettering will

be impossible. The word**~~Experimental"** will be placed onthe fuselage in compliance with §45.29.The equivalent level of safety will be provided by having the sUAS marked onits fuselage as required by §45.29 (f) where the PIC, observer and anyone else working with the sUAS will see the identification ofthe sUAS as**~~Experimental."** The FAA has issued the 4following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command Pursuant to14 CFR 61.113 9a), no person who holds a private pilot certificate may actas apilot in command ofan aircraft thatis carrying passengers or property for compensation or hire. Applicants' sUAS will not carry passengers or property therefore an exemption to14 CFR 61.113 is requested. The operating procedures put forth by applicant inthis 333 Exemption Request should be sufficient to ensure that an equivalent level of safety is achieved. 14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness. CFR§91.7 (a) requires that no person may operate acivil aircraft unless itisin airworthy condition. Since there will beno airworthy certificates for the sUAS, no FAA regulatory

standard will exist for deterring airworthiness. The useofa preflight checklist to ensure

that the aircraft is proper operating condition prior to each flight will ensure an equivalent level of safety. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b)(2) provides: No person may operate aU.S. registered civil aircraft ....(2) For which an Airplane or Rotorcraft Flight Manual isnot required by §21.5 ofthis chapter, unless there is available inthe aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS has no pilot on board, any room to store a flight manual, placards, markings, orany combination thereof. The flight o_perations manual will always beinthe possession ofthe PIC while operating the sUAS thereby ensuring the same level of safety. 14 C.F.R. § 91.103: Preflight Action. This regulation requires that the PIC perform a thorough preflight inspection and other related actions to ensure the safety ofthe flight. An FAA approved rotorcraft flight manual will notbe provided for the aircraft; therefore an exemption will be needed. The preflight checklist asset will setan equivalent level of safety forth inthe Flight Operations Manual. The PIC will take all necessary actions to include landing and takeoff

distances; weather reports; alternate landing locations inthe event ofa power orGPS failure; flight battery requirements, and aircraft performance data. 514 C.F.R. § 91.109: Flight Instruction: Section 91.103 provides that no person may operate acivil aircraft (except a manned balloon) thatis being used for flight instruction unless that aircraft has fully functioning dual controls. The FAA has approved exemptions for flight training without fully functional dual controls fora number of aircraft. The equivalent level of safety canbe

provided bythe fact that neither apilot nor passenger will be carried inthe aircraft and bythe size and speed ofthe aircraft. When practical however, applicant will utilize dual remote control transmitters for hands on flight training operations further enhancing

safety.14 C.F.R. § 91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d) allows helicopters tobe operated atless than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption isfora sUAS thatisa helicopter and the exemption requests authority to operate to altitudes upto 400 feet AGL, ornot more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. The sUAS will never operate higher than 400 AGL

except in circumstances where the sUAS is used to inspect, survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100 feet above the highest point ofthe structure. All operations will take place ina restricted security perimeter where people will notbe exposed to operations without prior approval and knowledge of said operations.

The lack of hazardous materials, gross weight less than 55 lbs., relatively slow speeds, and low altitudes, make sUAS operations far less r_isky than that of fixed wing and rotorcraft aircraft. In addition, the low altitudes at which the sUAS operate, ensures separation between sUAS and conventional aircraft that must comply with Section 91.119.14 C.F.R. § 91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitudes by reference toan altitude altimeter thatisset"to the elevation ofthe departure airport oran appropriate altimeter setting available before departure." Since the sUAS utilizes a GPS readout instead ofa barometric altimeter to indicate altitude, an exemption may be needed. The same level of safety can be achieved bythe useof telemetry from the sUAS 6tothe ground station indicating current altitude atthe launch site and during all phases of flight.14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions. This section 91.151 (a) prohibits from beginning "a flight inan airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fueltoflytothe first point of intended landing, and, assuming normal cruising speed (1) During the day, tofly after that forat least 30 minutes; or(2)At night, toflyat least 45 minutes."The battery ofthe typical sUAS provides on average approximately 30 minutes of flight time. To meet the 30-minute reserve requirement sUAS flights would be limited to approximately 10 minutes in length. Given the limitations onthe sUAS's its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is required. Applicant believes that an exemption from 14 CFR§ 91.151 (a) falls within the scope of prior exemptions. Operating a sUAS ina tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe sUAS. Additionally, limiting sUAS flights to10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery whichever happens first. This restriction would be more than adequate to return the sUAS toits planned laJ?.ding zone from anywhere inits limited operating area. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The regulation states: (a) Except as provided in§ 91.715, no person may operate acivil aircraft unless it has within itthe following: (1)an appropriate and current airworthiness certificate .... (b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a)ofthis section ora special flight authorization issued 7under§ 91.715 is displayed atthe cabin or cockpit entrance soitis legible to passengers or crew. The sUAS fully loaded weighs less than 55 lbs., andis operated without anon board pilot.

As such, there isno ability or place to carry certification and registration documents orto display them onthe sUAS. An equivalent level of safety can be achieved by keeping all documents prescribed by §91.715 (a) and (b)inthe possession ofthe PIC during all flight operations. 14 C.F.R. § 91.405 (a); 407 (a) (1); 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 Eofthis part and shall between required inspections, except as provided in paragraph ( c )ofthis section, have discrepancies repaired as prescribed in part 43ofthis 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 tothe applicant. Maintenance will be accomplished bythe operator pursuant tothe flight manual and operating handbook. An equivalent level of safety will be achieved duetothe fact these sUAS's are small insize and weight, and will operate only in restricted areas for limited periods of time. The PIC will ensure that the sUAS isin proper working condition prior to each flight, and maintain the sUAS in accordance with the sUAS's manufacturer's manual. Operator will keep a maintenance logatall times. Summary.The Applicant isan FAA licensed Private Pilot with 500 hours ofPIC experience. Based onthe satisfaction ofthe criteria provided in Section 333 ofthe Reform Actof 2012, Applicant believes there is more than adequate justification for granting the requested exemption. Sincerely,s--,**\-~~**Henry J Peraza 8