1 

## 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 OPERATI ON OF UNMANNED AIRCRAFT SYSTEMS

PURSUANT

TO SECTION 333 OF

THE FAA MODE RNIZATION 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.com2 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

WOUL D 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

- 103 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 oper ate 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 aeri al 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, Inspecti on, Photography and

Video services

. SkyDown design is newly formed company, but i t ’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 34 19990. We have

over 5 years of experience recreational/hobby flying the DJI Phantom Series qu ad

copters 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 pict ure and photography services

• Search and Rescue and emergency response services

• Remote Alaskan applications

1. Tobin Horne , PIC

a. Airman Certificate number 3419990. Rotorcraft Commercial, Ins trument 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 i n Command, Spotter, & Maintenance Technician

a. 5 Years of Amateur experience flying UAV’s

b. Professional Photographer

c. Land Surveyor4 EQUIPMENT

SkyDown Designs seeks an exemption to operate DJI

, Trimble & Parrot UAS systems for compensation or hire wit hin 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+: htt p://www.dji.com/product/spreading

- wings

s1000

- 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 outline d 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 Inspect ion 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 commerci al real estate and other photo and video applications.5 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 & uninhabite d 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

- 5.8GHz

Diversity

- 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 a nd Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate th eir 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, SKYD OWN 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), 91.4 09(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 Maint enance Log , and Instruction Manual). Furthermore, SKYDOWN DESIGN

will document and maintain all maintenance records for their UAS

.6 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 DESIG N 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 DESI GN 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 Positionin g 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 altitud e information, combined with SKYDOWN DESIGN’s operation of their UAS

within visual line of s ight, 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 i n VFR conditions. SKYDOWN

DESIG N 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), w ith 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 petiti on 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.com7 The Re asons 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 SKYDO WN 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 no ise 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, tak eoff, departure, arrival, and landing phases of flight operations.8 

## 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

opera tion 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 Congressi onal 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 wi th 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 State s.9 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 Feder al 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 Moderniza tion and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft Syste m
VFR Visual Flight Rules

VL S Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Ver tical Takeoff and Landing10 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/Docume nt

- 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 4LZ%PXO%FTJHO1SF'MJHIU

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