UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

In the Matter of Petition for Exemption of:

Skycatch, Inc.

For an Exemption from the requirements of the

Code of Federal Regulations Sections

Concerning operation of an Unmanned Aircraft System

Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

TABLE OF CONTENTS

I. SUMMARY OF PETITION ..........................................................................................................2

II. LISTING OF REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED..................................2

III. APPLICANT INFORMATION........................................................................................................2

IV. STATUTORY AUTHORITY FOR

EXEMPTIONS................................................................................3

V. PUBLIC INTEREST.....................................................................................................................3

VI. PRIVACY...................................................................................................................................

4

VII. THE SAME SKYCATCH UAS AND FLIGHT MANUAL TO PREVIOUSLY GRANTED

EXEMPTIONS.........4

VIII. EQUIVALENT LEVEL OF

SAFETY.................................................................................................4

IX. DESCRIPTION OF REGULATIONS FROM WHICH THE EXEMPTION IS

REQUESTED..........................5

A. 14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R.

§91.203(a)(1).......................5

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

Aircraft..........................................................................6

C. 14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in

command.................6

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

airworthiness.....................................................................6

E. 14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements...............6

F. 14 C.F.R. 91.103: Preflight Action......................................................................................7

G. 14 C.F.R. 91.109:Flight Instruction.....................................................................................7

H. 14 C.F. R. 91.119: Minimum Safe

Altitudes..........................................................................7

I. 14 C.F.R. 91.121: Altimeter Settings...................................................................................7

J. 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions.......................................8

K. 14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration.........................8

L. 14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections...................9

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X. PUBLISHABLE SUMMARY

...........................................................................................................9

XI. CONCLUSION...........................................................................................................................9

SUMMARY OF PETITION

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11,

Skycatch Inc. (“Skycatch”), a platform for capturing data using autonomous Small Unmanned Aircraft Systems

(“sUASs”), hereby respectfully requests for an exemption from the listed Federal Aviation Regulations (“FARs”) to

allow commercial operation of its sUASs for aerial imaging for data capture, so long as such operations are

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

Section 333.

As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation of

sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4)

would provide safety enhancements to the already best practices safety protocols followed by Skycatch on and within

each one of its sites or facilities where Skycatch is utilized.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the

national airspace system.” Section 333(c) of the Reform Act.

LISTING OF REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

Skycatch petitions the Federal Aviation Administration for relief from compliance with the following:

● 14 C.F.R. Part 21

● 14 C.F.R. 45.23(b)

● 14 C.F.R. 61.113 (a) & (b)

● 14 C.F.R. 91.7 (a)

● 14 C.F.R. 91.9 (b) (2)

● 14 C.F.R. 91.103

● 14 C.F.R. 91.109

● 14 C.F. R. 91.119

● 14 C.F.R. 91.121

● 14 C.F.R. 91.151 (a)

● 14 C.F.R. 91.203 (a) & (b)

● 14 C.F.R. 91.405 (a)

● 14 C.F.R. 407 (a) (1)

● 14 C.F.R. 409 (a) (2)

● 14 C.F.R. 417 (a) & (b)

APPLICANT INFORMATION

The name and address of the applicant is:

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Skycatch, Inc.

E. Nair Flores

PH: 415 463 0164

Email: nair@skycatch.com

Address: 524 Third Street, San Francisco, CA 94107

STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes

exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all

civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b)

of this section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public interest.

49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the National

Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making

this determination, the Secretary must consider:

● The sUAS’s size, weight, speed, and operational capability;

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

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

If the Secretary determines that a sUAS “may operate safely in the national airspace system, the Secretary shall

establish requirements for the safe 2 operation of such aircraft in the national airspace system.” Id. §333(c).

Skycatch’s sUASs are multirotor vehicles, weighing 10 or fewer lbs. including payload. They operate under normal

conditions at a speed of no more than 87 knots and have the capability to hover, and move in the vertical and

horizontal plane simultaneously. The sUASs will operate only in the pilot’s visual line of sight at all times and will

operate only within the sterile area described in the Confidential Skycatch Flight Manual, attached as Exhibit 1

(hereinafter “the Manual”). Such operations will insure that the sUASs will “not create a hazard to users of the

national airspace system or the public.” Reform Act Section 333 (b).

Given the small size of the sUASs involved and the restricted and sterile environment within which they will operate,

our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned

that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the

small size of the UASs and the low altitudes and restricted areas in which our sUASs will operate, approval of the

application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public

benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly,

Skycatch respectfully requests that the FAA grant the requested exemption without delay.

PUBLIC INTEREST

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This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the

Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems

may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By

granting an exemption the FAA will fulfill Congress’s intent of allowing sUAS to operate with significant safety

precautions in low risk environments.

The use of sUASs on or within a site or facility can significantly reduce the risk to workers of falls while inspecting,

surveying, or monitoring site progress. sUASs can inspect, photograph, and collect data on hard to get to areas that

otherwise would require worker inspection or are inaccessible. Falls are the leading source of workplace fatality and

injury on sites and reducing falls through sUAS use for site imaging could save workers lives.

Additionally, sUASs could replace the use of helicopters and small aircraft to monitor sites. The sUASs we propose to

fly in this application are under ten pounds, and carry no combustible material on board, as opposed to the much

larger conventionally powered small aircraft. Shifting to sUASs from helicopters presents a marked safety increase for

our workers and the public.

Lastly, sUASs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and

data collection over a site or facility. Skycatch’s sUASs use rechargeable lithium ion batteries, as opposed to fossil

fuels burned in operation of small aircraft that are many hundreds of times heavier.

PRIVACY

All flights will occur on or within properties or facilities with controlled access. Consent or notice will be given to all

onsite personnel where there is the potential for images to be taken of them during aerial data capture. Exemptions

have been granted to similar aerial data collection operations, including Exemption No. 11062 to Astraeus Aerial

(Astraeus) and Exemption No. 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507).

THE SAME SKYCATCH UAS AND FLIGHT MANUAL TO PREVIOUSLY GRANTED EXEMPTIONS

For ease of review, please note that this Petition is similar, using a similar Skycatch unmanned aircraft system (UAS)

and it Flight Manual for aerial data collection, to relief previously requested in Grant of the following Exemptions:

Exemption No. 11109 to Clayco, Inc., Bechtel Exemption No. 11258,Exemption No. 11286 to Balfour Beatty,

Exemption No.11176 to Chevron, Exemption No. 11294 to Idaho Forest Group, and Exemption No. 11343 to

Woolpert.

EQUIVALENT LEVEL OF SAFETY

Skycatch proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that

operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of

safety to operations under the current regulatory structure because the proposed operations represent a safety

enhancement to the already safe protocols followed on and within sites and facilities and imaging and surveying

operations conducted with helicopters and other conventional aircraft.

Skycatch will be bound by the following limitations when conducting its sUAS operations under an FAA issued

exemption:

● The sUAS will be less than 10 pounds.

● Flights will be operated within visual line of sight of a pilot.

● The flight will operate only if there is enough available power for the UA to conduct the intended operation

and since the UAS calculates battery reserve in real time, it will return to its ground station with at least 20%

battery power reserve.

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● Flights will be operated at an altitude of never exceeding 400 feet AGL above a structure from which data

collection will occur.

● Crew for each operation will consist of the sUAS pilot who will keep the sUAS within his visual line of sight at

all times.

● The sUAS pilot will be trained in flight, operations, and safety procedures as detailed in the Flight Manual.

● The sUAS will only operate within a confined “Sterile Area” as defined in the Manual.

● Either (1) all onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain

additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation,

or (2) the operator will obtain consent of all persons involved in the flights operations of the sUAS. All onsite

personnel will be notified through posted signage of the UAS flyover.

● The pilot will have been trained in operation of UASs generally and received up-to-date information on the

particular UAS to be operated as required by Section F of the Manual.

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

● All required permissions and permits will be obtained from territorial, state, county or city jurisdictions,

including local law enforcement, fire, or other appropriate governmental agencies.

● If the sUAS loses communications or loses its GPS signal, it will have capability to return to a

pre-determined location within the Sterile Area and land.

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

Skycatch UAS has three safeguards to help stop or recall the UAS when necessary. First, the Pilot

Intervention System allows the Pilot to abort any flight plan mid-flight and return the UAS to the ground

station, or land it at one of the alternative landing sites previously selected. Next, the Skycatch UAS

monitors battery life and provides real time updates, allowing the UAS to determine when it must return to

the ground station, and whether it should continue the flight plan at each waypoint. Additionally, the Pilot has

the option of putting the UAS into “Return to Launch” mode where the UAS will fly to a safe height, and

proceed to return to and land at the ground station.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 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). Given the size and limited operating area associated

with the aircraft to be utilized by the Skycatch, an exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement

for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to

airports and populated areas of the particular UAS. Our small UAS will be operated at low speed in a controlled

environment, at least five miles from an airport. An analysis of these criteria demonstrates that the UAS operated

without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least

as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no

explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the

Manual. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the

operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public

safety requirements, to provide security for the area of operation as is currently done on active sites and facilities.

The FAA will have advance notice of all operations.

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These safety enhancements, which already apply to civil aircraft operated in connection with sites and facilities,

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

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of

operation, location of operation, lack of explosive materials or flammable liquid fuels, and ability to carry an external

load no greater than three lbs.

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

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport category aircraft to be

marked with letters between 2 inches and 6 inches high "limited," "restricted," "light-sport," "experimental," or

"provisional," near each entrance to a cabin, cockpit, or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the

sUAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance

with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f)

where the pilot, observer and others working with the sUAS will see the identification of the UAS as “Experimental.”

The FAA has issued the following exemptions to this regulation: Exemptions Nos. 11109, 10700, 8738, 10167 and

10167A .

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or

passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the

PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this

sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no

living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in

advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds

that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks

associated with the operation of the sUAS are so diminished from the level of risk associated with commercial

operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private

pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be

no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will

exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for

maintenance and use of safety checklists prior to each flight, as set forth in Section B and Section G, an equivalent

level of safety will be provided.

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

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only

because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

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The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the

pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation:

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, and 11109.

Further, see the FAA Memorandum “Interpretation regarding whether certain required documents may be kept at an

UA’s control station,” dated August 8, 2014. Stating that “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.”

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An

exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for

weather conditions, checking flight battery requirements, checking takeoff and landing distances, aircraft performance

data before initiation of flight, and all other actions in the Preflight Checklist in the Manual. These actions will provide

an equivalent level of safety.

14 C.F.R. 91.109:Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used

for flight instruction unless that aircraft has fully functioning dual controls.

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is

accomplished through the use of a control box that communicates with the aircraft via radio communications. The

FAA has previously approved exemptions for aircraft without fully functional dual controls. See Exemption

Nos.5778K, 9862A, and 1109.

The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the

ability to control the sUAS via radio signals from the controller, and by the size and speed of the aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route

or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a

helicopter, with vertical take off and vertical landing, which will typically operate at altitudes of 200 AGL, so an

exemption may be needed to allow such operations. The UAS will never operate at altitude higher than 400 AGL and

will be in a restricted area within a sterile area where buildings and people will not be exposed to operations without

their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where

it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the

advance notice to the property owner and any onsite personnel as outlined in the Manual, all affected individuals will

be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more

than the maximum 10 lbs. proposed herein and carrying flammable fuel, any risk associated with our operations is far

less than those presently presented with helicopters and other conventional aircraft operating at or below 500 AGL in

the construction industry. In addition, the low-altitude operations of the sUAS will ensure separation between these

small- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

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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 may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be

needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Checklist,

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited to

operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time

which require an exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in length. Given the

limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area,

a longer time frame for flight in daylight or night VFR conditions is reasonable.

Skycatch believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)).

Operating the small UAS, in a tightly controlled area where only people and property owners or official

representatives who have notice or given consent 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 of the small

UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be

granted.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve to ensure

that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard

monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the

sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 1109, 2689, 5745, 10673, and

10808. In addition, similar UAS- specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for

daytime, Visual Flight Rules (VFR) conditions.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part:

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

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section

or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible

to passengers or crew.

The UAS fully loaded weighs no more than 10 lbs and is operated without an onboard pilot. Therefore there is no

ability or place to carry certification and registration documents or to display them on the sUAS.

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An equivalent level of safety will be achieved by keeping these documents at the ground flight control point where the

pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has

issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos.

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. Further, see the FAA Memorandum “Interpretation

regarding whether certain required documents may be kept at an UA’s control station,” dated August 8, 2014. Stating

that “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.”

14 CFR 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 E of this part and shall between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the

aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not

apply to Skycatch. Maintenance will be accomplished by the operator pursuant to the flight manual and operating

handbook as referenced in the Manual. An equivalent level of safety will be achieved because these small UASs are

very limited in size and will carry a small payload and operate only in sterile areas for limited periods of time. If

mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As

provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent

level of safety.

PUBLISHABLE SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be

determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 91.9 (b) (2);91.103(b);91.109;

91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a)

& (b) to operate commercially a small unmanned vehicle (55lbs or less) in construction operations.

Approval of exemptions allowing commercial operations of sUASs in the construction industry enhances safety while

reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger,

have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and

powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried

on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with

manned aircraft flights.

The operation of small UASs, weighting less than 10 lbs., conducted in the strict conditions outlined above, will

provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting

the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate

at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional

operations conducted with turbine helicopters operating in close proximity to the ground and people.

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CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating

capabilities, proximity to airports and populated areas and operation within visual line of sight and national security –

provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of

applicant’s UASs in construction industry pursuant to the Manual appended hereto.

Sincerely,

Nair Flores

Skycatch, Inc.

Director for Legal

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