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FAA Section 333 Exemption

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

RE: SkyDown Design LLC

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 

14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS 

PURSUANT 

TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC 

LAW 112-95)

Sky Down Design LLC.

Tobin Horne & Greg Stafford

10420 Lone Tree Drive 99507, U.S.A.

907.229.0240 Cell

907.333.9497 Fax

skydowndesign@gmail.com
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TABLE OF CONTENTS

 Page 

SUMMARY.........................................................................................................................3

INTERESTS OF PETITIONER..........................................................................................3

EQUIPMENT.........................................................................................4

MAINTENANCE AND PRE-FLIGHT INSPECTIONS....................................................4 

SAFETY AND OPERATIONS.....................................................................4

BASIS FOR 

PETITION............................................................................................................................5 

NAME AND ADDRESS OF 

PETITIONER......................................................................................................................6 

THE REASONS WHY GRANTING THE SKYDOWN DESIGN’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST......................................................7

THE REASONS WHY GRANTING THE EXEMPTION TO THE SKYDOWN 

DESIGN WOULD NOT ADVERSELY AFFECT SAFETY................................ .7

CONCLUSION...................................................................................................................8

GLOSSARY OF 

ABBREVIATIONS.............................................................................................................9

APPENDICES.....................................................................................9-10
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SUMMARY

Skydown Design LLC hereafter referred to as SkyDown Design seeks exemption from 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit SkyDown Design to operate an Unmanned 

Aircraft System (UAS) for the commercial purpose of conducting aerial video and 

photography with an emphasis on land development and inspection projects. 

SkyDown Designs will only conduct operations in DAY VFR, in V.L.S and less then 400

Feet AGL (Unless we get a COA), no closer then 2-5 miles from any airport, and away 

crowded areas and heavy population also in accordance with AC-91-57. 

INTERESTS OF THE PETITIONER

SkyDown Design will provide it’s clients with Land Survey, Inspection, Photography and 

Video services. SkyDown design is newly formed company, but it’s owners and 

operators have 20 plus years of Land survey experience as well as 10 years of 

commercial fixed wing and rotorcraft experience. Certificate number 3419990. We have 

over 5 years of experience recreational/hobby flying the DJI Phantom Series quadcopters and RC fixed wing aircraft. The objective of SkyDown Design and our UAS is to 

provide a variety of land development, inspection and photography solutions including:

• Aerial land survey & development applications

• Utility inspection, LIDAR, FLIR and gas leak detection

• Private and commercial real estate

• Motion picture and photography services

• Search and Rescue and emergency response services 

• Remote Alaskan applications

1. Tobin Horne, PIC

a. Airman Certificate number 3419990. Rotorcraft Commercial, Instrument 

and CFI ratings 

b. Training: Bristow Academy part 141 flight school Titusville, FL campus

c. 2000 hours Helicopter experience including Lidar, FLIR, Gas Pipeline 

inspection and leak detection in Bell 206 and MD 500 helicopters 

2. Greg Stafford, Second in Command, Spotter, & Maintenance Technician

a. 5 Years of Amateur experience flying UAV’s

b. Professional Photographer

c. Land Surveyor
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EQUIPMENT

SkyDown Designs seeks an exemption to operate DJI, Trimble & Parrot UAS systems for 

compensation or hire within the NAS. The DJI Phantom, DJI Inspire, DJI Spreading 

Wings, Trimble UX5, & Sensefly UAS are vertical takeoff and landing (VTOL) and 

small Fixed Wing Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet and smart phone systems. Skydown design plans to primarily 

use UAS already approved by the FAA & TCAA. Additionally, as reliable technology 

advances, SkyDown Design will need to update our inventory of equipment. 

AIRCRAFT FLIGHT MANUALS

• DJI Phantom: http://www.dji.com/product/phantom/download

• DJI Inspire: http://www.dji.com/product/inspire-1/download

• DJI Spreading Wings S1000+: http://www.dji.com/product/spreading-wingss1000-plus/download

• Trimble UX5 HP: 

http://www.trimble.com/globalTRLTAB.asp?nav=Collection-97298

• Parrot Company Sensefly: https://www.sensefly.com/home.html

MAINTENANCE AND PRE-FLIGHT INSPECTIONS

SkyDown Design will:

• Comply with any and all regulations regarding airworthiness of its aircraft. 

• Perform pre/post flight inspection as outlined in each Aircraft Flight Manual.

• Maintain maintenance records in a aircraft log book as needed.

• Use only approved parts and methods to maintain our aircraft.

SAFETY & OPERATIONS

1. SkyDown Design will primarily operate UAS build by reliable UA manufactures

with a proven track record of aircraft airworthiness.

2. SkyDown Design will implement all the necessary pre-flight inspections, 

maintenance, and repair of their UAS aircraft to ensure safe flight.

a. Reference Aircraft flight Manuel and Maintenance and Inspection Manual.

3. The Intended UAS operation for SkyDown Design is focused on Land Surveying, 

Inspection, and Photographic applications. These involve flying an UAS in a 

variety of different commercial civil applications including:

a. Land Surveys and all types of Land development including but not limited 

to Topographical, Boundary, Orthomosaic & DSM Mapping solutions.

b. Inspections of all types including but not limited to cell towers, power 

line, and pipeline applications. 

c. Photographic operations such a commercial real estate and other photo and 

video applications.
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d. To ensure public safety SkyDown Design will primarily operate in 

conditions where there is no threat to persons and properties, examples of 

commercial UAS operation include:

i. An undeveloped & uninhabited plot of land that needs to be land 

surveyed. 

ii. 5 nautical miles (NM) from an airport having an operational 

control tower; or

iii. 3 NM from an airport with a published instrument flight procedure, 

but not an operational tower; or

iv. 2 NM from an airport without a published instrument flight 

procedure or an operational tower; or

v. 2 NM from a heliport with a published instrument flight procedure

4. FCC Compliance/Radio specifications links:

• All Radio Transmitter’s will be compliant with the FCC. 

• http://www.dji.com/product/ipad-ground-station/download

• http://www.dpcav.com/xcart/Black-Pearl-7-LCD-Monitor-with-5.8GHzDiversity-Rx-7-Channel.html

5. See APPENDIX B for preflight checklist.

BASIS FOR PETITION

Petitioner, The SKYDOWN DESIGN, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate their UAS in the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, SKYDOWN DESIGN UAS meets the conditions of 

FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, SKYDOWN DESIGN requests relief from Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate. 

SKYDOWN DESIGN submits that the requested relief is proper since an equivalent level 

of safety will be ensured. SKYDOWN DESIGN will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the operating documents (i.e., 

Monthly Maintenance Log, and Instruction Manual). Furthermore, SKYDOWN DESIGN 

will document and maintain all maintenance records for their UAS. 
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Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by SKYDOWN DESIGN to 

the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher 

level certificate, as well as an airman medical certificate, and who has demonstrated, by 

meeting minimum flight- hour and currency requirements, that the PIC is able to safely 

operate the UAS in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

SKYDOWN DESIGN seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because their UAS do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, SKYDOWN DESIGN submits 

that they will ensure that their UAS is in an airworthy condition, prior to every flight, by 

determining that the UAS are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and Instruction Manual), and that the aircraft are in a condition for safe 

flight.

SKYDOWN DESIGN also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as their UAS will not have a typical barometric altimeter 

onboard. However, altitude information of their UAS will be provided to the PIC via 

Global Positioning System (GPS) equipment and radio communications telemetry data 

link, which downlinks from the UA to the GCS for active monitoring of the flight path. 

This altitude information, combined with SKYDOWN DESIGN’s operation of their UAS

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. 

Additionally, SKYDOWN DESIGN seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. SKYDOWN 

DESIGN submits that safety will not be affected by operation of their UAS during 

daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to enable safe landing of the aircraft. Battery power 

indicators are also able to show exactly how much battery power is left, as well as how 

much time is needed to return safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, SKYDOWN DESIGN provides the following 

information in support of its petition for exemption:

A. Name And Address Of The Petitioner’s.

The name and address of the Petitioner’s and point of contact is:

Greg Stafford

Tobin Horne

10420 Lone Tree Drive 99507, U.S.A.

907.229.0240 Cell

907.333.9497 Fax

skydowndesign@gmail.com
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The Reasons Why Granting SkyDown Design Request Would Be In The Public 

Interest.

Granting the present Petition will further the public interest by allowing SkyDown 

Design to safely, efficiently, and economically perform commercial UAS operations of 

construction sites, real estate, events and civic landscape over certain areas of the United 

States.

Additionally, use of their UAS will decrease congestion of the NAS, reduce pollution, 

and provide significant benefits to the economy. Notably, the benefits of SKYDOWN 

DESIGN’S proposed operation of their UAS will be realized without implicating any 

privacy issues. 

The Public Will Benefit From Decreased Congestion Of The NAS. 

Their UAS are battery powered and serve as a safe, efficient, and economical alternative 

to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing 

the use of a UAS would reduce the amount of manned aircraft in the NAS, reduce noise 

and air pollution, as well as increase the safety of life and property in the air and on the 

ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. 

Their UAS do not require an airport to takeoff or land. Likewise, a reduction of manned 

aircraft conducting aerial video and photography missions would result in fewer aircraft 

that must be handled by air traffic control during the ground, takeoff, departure, arrival, 

and landing phases of flight operations.
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CONCLUSION

SkyDown Design seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of their UAS commercially, without an airworthiness certificate, for the limited 

purpose of conducting commercial UAS operations over certain areas of the United 

States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing SkyDown Design to safely, efficiently, 

and economically operate their UAS commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, SkyDown Design respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements 

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit SkyDown Design to 

operate their UAS commercially for the purpose of conducting UAS operations over 

certain areas of the United States.
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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APPENDIX A

• DJI Phantom Operating Manual:

o http://www.dji.com/product/phantom-3/download

• DJI Inspire Operating Manual:

o http://www.dji.com/product/inspire-1/download

• Trimble UX5 

o http://trl.trimble.com/docushare/dsweb/Get/Document-664301/022543-

576B_TrimbleUX5_DS_US_0615_LR.pdf

APPENDIX B

Arrival Checklist

1. If day and operating out of back of

vehicle, point vehicle into sun.

2. Remove case and place on level surface.

3. Check distance to nearest airport and/or

controlled airspace using smartphone or

tablet app.

4. If required, use VHF aviation transceiver,

to contact tower of field if closer than 5

NM.

5. Inform tower / CTAF of UAS ops, location,

and max height of flight.

Preflight Checklist

1. Remove transmitter.

2. Router - On

3. Transmitter - On

4. Toggle Switches - Full Up

5. Video Monitor - On

6. Remove UAS from case.

7. Gimbal Lock & Lens Cap - Removed

8. Micro-SD card - Inserted.

9. UAS Battery - Inserted

10. Place UAS in clear and safe launch and

recovery position if it returns to home.

11. UAS Battery - On

12. Wifi Connection to Monitor - Verified

13. DJI Application - Load

14. DJI application - Connect to Camera

15. SD Card - Format

16. Camera - Full Up

17. Satellite Connections - Verified

18. Charge Levels - Safe for Flight

19. Video Recording - Start

20. Takeoff

After Takeoff Checklist

1. Hover approximately ten feet above the

ground to confirm UAS is under control.

2. All sticks operate correctly while in hover

- Verified

Pre-Landing Checklist

1. Camera - Full Up

2. Video Recorder - Stop

3. Landing Zone - Clear / Safe

Post-Landing Checklist - Returning to 

Flight Immediately

1. Battery - Remove & Replace

2. Wifi Connection to Monitor - Verified

3. DJI application - Connect to Camera

4. Takeoff

End of Ops Checklist

1. Battery - Off

2. Transmitter - Off

3. Router - Off

4. Notify Tower/CTAF - End of Ops

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