1 September 2, 2015 Exemptin N Regulatry Dcket N. FAA Mr. Devyn Daniels Chairman Skyegraphy LLC th Avenue Sacrament, CA Dear Mr. Daniels: This letter is t infrm yu that we have granted yur request fr exemptin. It transmits ur decisin, explains its basis, and gives yu the cnditins and limitatins f the exemptin, including the date it ends. By letter dated April 13, 2015, yu petitined the Federal Aviatin Administratin (FAA) n behalf f Skyegraphy LLC (hereinafter petitiner r peratr) fr an exemptin. The petitiner requested t perate an unmanned aircraft system (UAS) t cnduct aerial phtgraphy and videgraphy. See Appendix A fr the petitin submitted t the FAA describing the prpsed peratins and the regulatins that the petitiner seeks an exemptin. The FAA has determined that gd cause exists fr nt publishing a summary f the petitin in the Federal Register because the requested exemptin wuld nt set a precedent, and any delay in acting n this petitin wuld be detrimental t the petitiner. Airwrthiness Certificatin The UAS prpsed by the petitiner is a Parrt Bebp. The petitiner requested relief frm 14 CFR part 21, Certificatin prcedures fr prducts and parts, Subpart H Airwrthiness Certificates. In accrdance with the statutry criteria prvided in Sectin 333 f Public Law in reference t 49 U.S.C , and in
2 cnsideratin f the size, weight, speed, and limited perating area assciated with the aircraft and its peratin, the Secretary f Transprtatin has determined that this aircraft meets the cnditins f Sectin 333. Therefre, the FAA finds that the requested relief frm 14 CFR part 21, Certificatin prcedures fr prducts and parts, Subpart H Airwrthiness Certificates, and any assciated nise certificatin and testing requirements f part 36, is nt necessary. The Basis fr Our Decisin Yu have requested t use a UAS fr aerial data cllectin 1. The FAA has issued grants f exemptin in circumstances similar in all material respects t thse presented in yur petitin. In Grants f Exemptin Ns t Astraeus Aerial (see Dcket N. FAA ), t Clayc, Inc. (see Dcket N. FAA ), t VDOS Glbal, LLC (see Dcket N. FAA ), and t Aeryn Labs, Inc. (see Dcket N. FAA ), the FAA fund that the enhanced safety achieved using an unmanned aircraft (UA) with the specificatins described by the petitiner and carrying n passengers r crew, rather than a manned aircraft f significantly greater prprtins, carrying crew in additin t flammable fuel, gives the FAA gd cause t find that the UAS peratin enabled by this exemptin is in the public interest. Having reviewed yur reasns fr requesting an exemptin, I find that They are similar in all material respects t relief previusly requested in Grant f Exemptin Ns , 11109, 11112, and 11213; The reasns stated by the FAA fr granting Exemptin Ns , 11109, 11112, and als apply t the situatin yu present; and A grant f exemptin is in the public interest. Our Decisin In cnsideratin f the freging, I find that a grant f exemptin is in the public interest. Therefre, pursuant t the authrity cntained in 49 U.S.C. 106(f), 40113, and 44701, delegated t me by the Administratr, Skyegraphy LLC is granted an exemptin frm 14 CFR 61.23(a) and (c), (e)(4) and (5), (a), (a), 91.7(a), (c), , (a)(1), (a), (a)(1), (a)(1) and (2), and (a) and (b), t the extent necessary t allw the petitiner t perate a UAS t perfrm aerial data cllectin. This exemptin is subject t the cnditins and limitatins listed belw. 2 1 Aerial data cllectin includes any remte sensing and measuring by an instrument(s) abard the UA. Examples include imagery (phtgraphy, vide, infrared, etc.), electrnic measurement (precisin surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), r any ther gathering f data by instruments abard the UA.
3 3 Cnditins and Limitatins In this grant f exemptin, Skyegraphy LLC is hereafter referred t as the peratr. Failure t cmply with any f the cnditins and limitatins f this grant f exemptin will be grunds fr the immediate suspensin r rescissin f this exemptin. 1. Operatins authrized by this grant f exemptin are limited t the Parrt Bebp when weighing less than 55 punds including paylad. Prpsed peratins f any ther aircraft will require a new petitin r a petitin t amend this exemptin. 2. Operatins fr the purpse f clsed-set mtin picture and televisin filming are nt permitted. 3. The UA may nt be perated at a speed exceeding 87 knts (100 miles per hur). The exemptin hlder may use either grundspeed r calibrated airspeed t determine cmpliance with the 87 knt speed restrictin. In n case will the UA be perated at airspeeds greater than the maximum UA perating airspeed recmmended by the aircraft manufacturer. 4. The UA must be perated at an altitude f n mre than 400 feet abve grund level (AGL). Altitude must be reprted in feet AGL. 5. The UA must be perated within visual line f sight (VLOS) f the PIC at all times. This requires the PIC t be able t use human visin unaided by any device ther than crrective lenses, as specified n the PIC s FAA-issued airman medical certificate r U.S. driver s license. 6. All peratins must utilize a visual bserver (VO). The UA must be perated within the visual line f sight (VLOS) f the PIC and VO at all times. The VO may be used t satisfy the VLOS requirement as lng as the PIC always maintains VLOS capability. The VO and PIC must be able t cmmunicate verbally at all times; electrnic messaging r texting is nt permitted during flight peratins. The PIC must be designated befre the flight and cannt transfer his r her designatin fr the duratin f the flight. The PIC must ensure that the VO can perfrm the duties required f the VO. 7. This exemptin and all dcuments needed t perate the UAS and cnduct its peratins in accrdance with the cnditins and limitatins stated in this grant f exemptin, are hereinafter referred t as the perating dcuments. The perating dcuments must be accessible during UAS peratins and made available t the Administratr upn request. If a discrepancy exists between the cnditins and limitatins in this exemptin and the prcedures utlined in the perating dcuments, the cnditins and limitatins herein take precedence and must be fllwed.
4 Otherwise, the peratr must fllw the prcedures as utlined in its perating dcuments. The peratr may update r revise its perating dcuments. It is the peratr s respnsibility t track such revisins and present updated and revised dcuments t the Administratr r any law enfrcement fficial upn request. The peratr must als present updated and revised dcuments if it petitins fr extensin r amendment t this grant f exemptin. If the peratr determines that any update r revisin wuld affect the basis upn which the FAA granted this exemptin, then the peratr must petitin fr an amendment t its grant f exemptin. The FAA s UAS Integratin Office (AFS 80) may be cntacted if questins arise regarding updates r revisins t the perating dcuments. 8. Any UAS that has undergne maintenance r alteratins that affect the UAS peratin r flight characteristics, e.g., replacement f a flight critical cmpnent, must underg a functinal test flight prir t cnducting further peratins under this exemptin. Functinal test flights may nly be cnducted by a PIC with a VO and must remain at least 500 feet frm ther peple. The functinal test flight must be cnducted in such a manner s as t nt pse an undue hazard t persns and prperty. 9. The peratr is respnsible fr maintaining and inspecting the UAS t ensure that it is in a cnditin fr safe peratin. 10. Prir t each flight, the PIC must cnduct a pre-flight inspectin and determine the UAS is in a cnditin fr safe flight. The pre-flight inspectin must accunt fr all ptential discrepancies, e.g., inperable cmpnents, items, r equipment. If the inspectin reveals a cnditin that affects the safe peratin f the UAS, the aircraft is prhibited frm perating until the necessary maintenance has been perfrmed and the UAS is fund t be in a cnditin fr safe flight. 11. The peratr must fllw the UAS manufacturer s maintenance, verhaul, replacement, inspectin, and life limit requirements fr the aircraft and aircraft cmpnents. 12. Each UAS perated under this exemptin must cmply with all manufacturer safety bulletins. 13. Under this grant f exemptin, a PIC must hld either an airline transprt, cmmercial, private, recreatinal, r sprt pilt certificate. The PIC must als hld a current FAA airman medical certificate r a valid U.S. driver s license issued by a state, the District f Clumbia, Puert Ric, a territry, a pssessin, r the Federal gvernment. The PIC must als meet the flight review requirements specified in 14 CFR in an aircraft in which the PIC is rated n his r her pilt certificate. 14. The peratr may nt permit any PIC t perate unless the PIC demnstrates the ability t safely perate the UAS in a manner cnsistent with hw the UAS will be 4
5 perated under this exemptin, including evasive and emergency maneuvers and maintaining apprpriate distances frm persns, vessels, vehicles and structures. PIC qualificatin flight hurs and currency must be lgged in a manner cnsistent with 14 CFR 61.51(b). Flights fr the purpses f training the peratr s PICs and VOs (training, prficiency, and experience-building) and determining the PIC s ability t safely perate the UAS in a manner cnsistent with hw the UAS will be perated under this exemptin are permitted under the terms f this exemptin. Hwever, training peratins may nly be cnducted during dedicated training sessins. During training, prficiency, and experience-building flights, all persns nt essential fr flight peratins are cnsidered nnparticipants, and the PIC must perate the UA with apprpriate distance frm nnparticipants in accrdance with 14 CFR UAS peratins may nt be cnducted during night, as defined in 14 CFR 1.1. All peratins must be cnducted under visual meterlgical cnditins (VMC). Flights under special visual flight rules (SVFR) are nt authrized. 16. The UA may nt perate within 5 nautical miles f an airprt reference pint (ARP) as dented in the current FAA Airprt/Facility Directry (AFD) r fr airprts nt dented with an ARP, the center f the airprt symbl as dented n the current FAA-published aernautical chart, unless a letter f agreement with that airprt s management is btained r therwise permitted by a COA issued t the exemptin hlder. The letter f agreement with the airprt management must be made available t the Administratr r any law enfrcement fficial upn request. 17. The UA may nt be perated less than 500 feet belw r less than 2,000 feet hrizntally frm a clud r when visibility is less than 3 statute miles frm the PIC. 18. If the UAS lses cmmunicatins r lses its GPS signal, the UA must return t a pre-determined lcatin within the private r cntrlled-access prperty. 19. The PIC must abrt the flight in the event f unpredicted bstacles r emergencies. 20. The PIC is prhibited frm beginning a flight unless (cnsidering wind and frecast weather cnditins) there is enugh available pwer fr the UA t cnduct the intended peratin and t perate after that fr at least five minutes r with the reserve pwer recmmended by the manufacturer if greater. 21. Air Traffic Organizatin (ATO) Certificate f Waiver r Authrizatin (COA). All peratins shall be cnducted in accrdance with an ATO-issued COA. The exemptin hlder may apply fr a new r amended COA if it intends t cnduct peratins that cannt be cnducted under the terms f the attached COA. 22. All aircraft perated in accrdance with this exemptin must be identified by serial number, registered in accrdance with 14 CFR part 47, and have identificatin 5
6 (N Number) markings in accrdance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. Dcuments used by the peratr t ensure the safe peratin and flight f the UAS and any dcuments required under 14 CFR 91.9 and must be available t the PIC at the Grund Cntrl Statin f the UAS any time the aircraft is perating. These dcuments must be made available t the Administratr r any law enfrcement fficial upn request. 24. The UA must remain clear and give way t all manned aviatin peratins and activities at all times. 25. The UAS may nt be perated by the PIC frm any mving device r vehicle. 26. All Flight peratins must be cnducted at least 500 feet frm all nnparticipating persns, vessels, vehicles, and structures unless: a. Barriers r structures are present that sufficiently prtect nnparticipating persns frm the UA and/r debris in the event f an accident. The peratr must ensure that nnparticipating persns remain under such prtectin. If a situatin arises where nnparticipating persns leave such prtectin and are within 500 feet f the UA, flight peratins must cease immediately in a manner ensuring the safety f nnparticipating persns; and b. The wner/cntrller f any vessels, vehicles r structures has granted permissin fr perating clser t thse bjects and the PIC has made a safety assessment f the risk f perating clser t thse bjects and determined that it des nt present an undue hazard. The PIC, VO, peratr trainees r essential persns are nt cnsidered nnparticipating persns under this exemptin. 27. All peratins shall be cnducted ver private r cntrlled-access prperty with permissin frm the prperty wner/cntrller r authrized representative. Permissin frm prperty wner/cntrller r authrized representative will be btained fr each flight t be cnducted. 28. Any incident, accident, r flight peratin that transgresses the lateral r vertical bundaries f the peratinal area as defined by the applicable COA must be reprted t the FAA's UAS Integratin Office (AFS 80) within 24 hurs. Accidents must be reprted t the Natinal Transprtatin Safety Bard (NTSB) per instructins cntained n the NTSB Web site: If this exemptin permits peratins fr the purpse f clsed-set mtin picture and televisin filming and prductin, the fllwing additinal cnditins and limitatins apply. 6
7 29. The peratr must have a mtin picture and televisin peratins manual (MPTOM) as dcumented in this grant f exemptin. 30. At least 3 days befre aerial filming, the peratr f the UAS affected by this exemptin must submit a written Plan f Activities t the lcal Flight Standards District Office (FSDO) with jurisdictin ver the area f prpsed filming. The 3-day ntificatin may be waived with the cncurrence f the FSDO. The plan f activities must include at least the fllwing: a. Dates and times fr all flights; b. Name and phne number f the peratr fr the UAS aerial filming cnducted under this grant f exemptin; c. Name and phne number f the persn respnsible fr the n-scene peratin f the UAS; d. Make, mdel, and serial r N Number f UAS t be used; e. Name and certificate number f UAS PICs invlved in the aerial filming; f. A statement that the peratr has btained permissin frm prperty wners and/r lcal fficials t cnduct the filming prductin event; the list f thse wh gave permissin must be made available t the inspectr upn request; g. Signature f exemptin hlder r representative; and h. A descriptin f the flight activity, including maps r diagrams f any area, city, twn, cunty, and/r state ver which filming will be cnducted and the altitudes essential t accmplish the peratin. 31. Flight peratins may be cnducted clser than 500 feet frm participating persns cnsenting t be invlved and necessary fr the filming prductin, as specified in the exemptin hlder s MPTOM. Unless therwise specified in this grant f exemptin, the UAS, the UAS PIC, and the UAS peratins must cmply with all applicable parts f 14 CFR including, but nt limited t, parts 45, 47, 61, and 91. 7
8 8 This exemptin terminates n September 30, 2017, unless sner superseded r rescinded. Sincerely, /s/ Jhn S. Duncan Directr, Flight Standards Service Enclsures
9 April 13, 2015 Skyegraphy LLC th Ave Sacrament, CA (916) My name is Devyn Daniels, Chairman and pilt in cmmand (PIC). I am ne f three wners in Skyegraphy LLC (referred t as petitiner) and I am 1 requesting permissin frm the Federal Aviatin Administratin (FAA) t grant exemptin frm part (b),61.113(a) and (b),91.7(a),91.9(b)(2),91.103,91.109,91.119,91.121,91.151(a),91.203(a) and (b),91.405(a),91.407(a)(1),91.409(a)(2),and (a) and(b)f Title14, Cde f Federal Regulatins (14 CFR). The exemptin wuld allw Skeyegraphy LLC t safely perate the Parrt Bebp with a Skycntrller unmanned aircraft system (UAS) t cnduct cmmercial UAS peratins fr the purpse f aerial phtgraphy fr Real Estate, phtgraphs, vide, special events and/r ccasins in an cntrlled envirnment that will nt interfere with the safety and/r well being f individuals. By perating the UAS within the parameters belw; which des nt jepardize the safety f the public but in fact prtect the safety f individuals thrugh use f a lightweight cmpact UAS rather than a manned aerial vehicle which has the ptential t jepardize the PIC, the crew, damage the target r bject(s) being filmed, r cause serius injury t the public r parties invlved. The Parrt Bebp is a lightweight quad cpter als knwn as a UAS that was built with safety in mind. It has a weight f 400g with the dimensins f: 28 x 32 x 3.6cm/11 x 12.6 x 1.4in. This UAS is very small, lightweight and cmpact with an emergency mde. In the event f an extrardinary circumstance where the prpellers cme int cntact with an bject the prpellers will stp autmatically t prevent any damage. The sftware used t run the UAS has cuntry settings (that can t be changed) that will nt allw the UAS t travel abve 400ft altitude since that is the safe height FAA has allwed fr any UAV. The UAS cmes with a cntrller called the Skycntrller that extends the range (ranges up 1.4mi/2km in ptimal cnditin) and reliability f the cnnectin between the UAS and cntrller. In a unique ccasin where there is a discnnectin between the cntrller and the UAS, the UAS will autmatically maintain its psitin withut mving giving the peratr ne minute t recnnect t the UAS; if a recnnectin is unsuccessful the UAS will autmatically return t the lcatin where the UAS last tk ff. The sftware used t cntrl the UAS is called Free Flight which cmes preinstalled nt the cntrller. With the Free Flight sftware yu have full cntrl f ptins fr safe peratin. This includes max vertical speed, max rtatinal speed, max altitude and max inclinatin. The max vertical setting allws fr the vertical mvement speed f the UAS. The max rtatinal speed allws fr the mvement speed f the yaw (mvement alng the Y-axis). Max altitude allws fr the maximum height the UAS can fly; but, the sftware as stated previusly will nly allw fr a maximum f 150m which cannt be changed. Fr the intended use listed abve fr Skyegraphy LLC, n average the UAS will be perated at the maximum altitude f 130ft and fr rare ccasins if the UAS needs t travel higher than the average it will nt cme clse t exceeding 400ft. Max inclinatin is the speed setting which cntrls the degree at which the tip f the nse f the UAS will fly fr a maximum speed f 13m/s r apprx 30mph. Fr the intended cmmercial use f Skeyegraphy we have n cnsistent need t fly at that speed. Belw is a chart/map (Appendix A) f speeds and a GPS data (Appendix B) f the flight path f the UAS. The first chart shws the UAS never reached altitudes higher than 40m r 130ft fr n lnger than a minute, and speeds n faster than 11mph which is a typical r average flight.
10 Appendix A: Appendix B:
11 Free Flight gives the ptin t change the channel fr maximum cnnectivity between the Skycntrller and the UAS fr less interference. The Free Flight sftware used t cntrl the UAS has a diagnstic tl t alert the peratr abut the current firmware n the UAS and Skycntrller; it als alerts the peratr abut mtr functinality. The Parrt Bebp (UAS) uses Wi-Fi a/b/g/n/ac fr cnnectivity between the UAS and cntrller. The Wi-Fi antenna cmes with MIMO dual-band channel 2.4 GHz and 5 GHz sending pwer up t 21dBM and signal range up 250 meters. The Parrt Bebp als cntains varius sensrs t distinguish its psitin, height and stability which include: 3-axes magnetmeter 3-axes gyrscpe 3-axes accelermeter Optical-flw sensr; Vertical stabilizatin camera which every 16 millisecnds, an image f the grund is taken and cmpared t the previus ne t determine the speed f the UAS. Ultrasund sensr that analyzes the flight altitude up t 8 meters Pressure sensr When the drne is abve eight meters the UAS uses GPS+GLONASS (GNSS) t determine its psitin. All f the cmpnents f this UAS meet FCC cmpliance and des nt cnflict with any ther gvernment agency. Referenced (Appendix C) belw is the Wi-Fi Regulatin the UAS uses n each frequency which cmplies with all US regulatin:
12 (Appendix C) - WiFi Regulatin The UAS des nt require any special training r certificatin t pilt. The cntrl layut f the UAS cnsists f tw sticks. One stick cntrls the Yaw mvement and altitude height. The ther stick cntrls the lateral mvement, frward and back mvement. When bth cntrl sticks are idle the UAS hvers stably. The PIC will have visin cmparable t a Class C Califrnia licensed driver. The petitiner wh I will refer t as the PIC frm this pint frward has ver 100 successful flights with the UAS and ttal hurs exceeding 100 plus each day exceeding that because f daily flights that ccur. The PIC is cmpetent and cnfident in his ability t pilt any UAS with the given manual due t his lng and
13 extensive backgrund and experience f ver 1000 hurs pilting 3-channel helicpters. 3-channel helicpters have very similar cntrls t UAS; except with the 3-channel helicpter the PIC is in full cntrl f the helicpter and there is n cmputer r technlgy t keep the aircraft stable which makes this UAS easier t pilt than a 3-channel helicpter. The PIC has a vast understanding f the FAA regulatins currently in place, and frequently checks fr updates and changes t regulatins. The PIC is als a member f the AMA which is described in the next paragraph. All PICs will be required t becme a member f the Academy f Mdel Aernautics (AMA), t insure peratrs stay up t date n all new and existing regulatins and stay infrmed abut the newest Aernautics infrmatin. As a member f the AMA the PIC receives Member Insurance Benefits which includes a $2.5 Millin Liability Umbrella, $25,000 in Medical Cverage, $1,000 Fire and Theft Cverage. The intended peratin is slely fr the purpse f phtgraphy/videgraphy f real prperty, special utdr events r any need fr ur services as lng as it s in a cntrlled r private prperty. The UAS wuld maintain a safe stabilized psitin in the air nt abve any human with the UAS having slight mvements. Standard prcedure fr UAS during peratin will be as fllws: befre the peratin f the UAS it will be required t ntify all affected parties regarding the peratin f the UAS, the flight pattern and/r the psitin f the UAS flight. All affected parties will be aware f the UAS in use and the intended use f the UAS will be made clear t all parties present. All members will be infrmed t maintain a safe distance frm the UAS while it is in use. If verbal cntact is made by the Visual Observer (VO) t anyne wh cmes within a safe distance f the UAS it will be agreed that they cmply with the VO cmmands. The VO will be respnsible t relay any pssible safety situatins t the PIC r any civilian r human that cmes within an unsafe distance f the UAS. Set define areas in the surrunding areas will be marked as unsafe zne. Any persn(s) will be immediately ntified by the PIC r VO if within an unsafe distance f the UAS. The UAS will be nly pilting fr its minimal capabilities and well within the current regulatins f the FAA which is flying n higher than 400ft, the UAS will remain in Visual Line f Sight (VLOS), will remain clear f any manned aircraft peratins, nt pilt within five miles f an airprt withut cntacting the airprt r cntrl twer, Nt fly under the influence f alchl r drugs, will nt fly ver sensitive prperty r infrastructure such as pwer statins, water treatment facilities, gvernment facilities, crrectinal facilities, heavily traveled radways, nt fly under adverse weather cnditins such as reduced visibility r high winds, the PIC will be perating in a safe envirnment and the peratr is cmpetent and prficient in the peratin f the UAS, and will nt cnduct surveillance r phtgraph persns in areas where there is an expectatin f privacy withut the individuals permissins. The UAS will majrity f flight time maintains steady speeds f n faster than 5-8 meters/per sec (m/s) when filming utdr scial events r real prperty. The UAS as stated abve can fly at maximum speed f 35mph, the nly time UAS wuld travel this speed is in an pen envirnment that is cntrlled and sealed ff with limited human cntact s that it culd be pssible t capture a rare aerial aspect that culd nt therwise be captured. T capture similar images it wuld require a manned vehicle such as am helicpter which wuld require a crew. In additin, a UAS des nt put ut any emissins, which has n affect n the envirnment like a helicpter wuld t achieve the same capabilities f a UAS. In a rare cllisin with the UAS there will be n casualties and n serius injuries, as ppsed t risking a crew fr a aerial sht that can be much easier captured with a UAS, and the cst t perate a UAS as ppsed t the alternatives is much lwer and reasnable.
14 Operatins Manual fr Parrt Bebp (refer t manual page 8-9 that was upladed with the exemptin) Preflight Check *Befre each flight sessin, check the fllwing pints: D nt fly the Parrt Bebp Drne at night. Check the weather cnditins. D nt fly the Parrt Bebp Drne when the weather is rainy, snwy, r fggy. Ensure there is n bstacle in yur flight area that culd disturb pilting r visual flight. Ensure the use f the Parrt Bebp Drne is allwed in yur flight area. Check the Wi-Fi use restrictins in yur flight area. (Pg.4 f exemptin) Ensure the prpellers are crrectly installed and lcked. Fr further infrmatin, see Befre yu begin (Pg.4 Manual)> Changing the prpellers(pg.7 Manual) Ensure the battery is crrectly attached t the Parrt Bebp Drne. Fr further Infrmatin, see Befre yu begin (Pg.4 Manual)> Installing the battery. Ensure the Parrt Bebp Drne and yur Smartphne batteries are charged. Check the quality f the Wi-Fi range. Fr further infrmatin, see Settings > Wi-Fi.
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