January 13, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Request for Exemption pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012 and 14. C.F.R. Part 11

SkyDen UAV, LLC

Michael Dryden, Partner

19856 N 84th St

Scottsdale, AZ 85255

602.577.1530

skydenuav@gmail.com

This petition is being submitted on our behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act), and 14 C.F.R. Part 11, SkyDen UAV, LLC, a full service digital imaging company, 

hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to 

allow operation of our Small Unmanned Aircraft System (sUAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted 

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

Section 333.

The requested exemption would permit SkyDen UAV, LLC to pursue its commercial interests in 

providing services to clients using a small advanced sUAV in the following areas:

• Commercial And Industrial Aerial Imaging

• Bridge, Tower and Structure Inspection

• Aerial Surveying For Data Collection

• Utility Inspection

• Agricultural Survey And Crop Monitoring

• Real Estate

• Marketing

• Industrial

• Special Events

• Local and National Natural and Man Made Disaster Rescue

ABOUT SkyDen UAV, LLC

SkyDen UAV, LLC is based in Scottsdale, AZ. SkyDen UAV, LLC is a small, yet, rapidly 

growing company that is dedicated towards addressing a wide variety of aerial photographic 

applications. SkyDen UAV, LLC foresees an abundance of opportunity and discovery. Our initial 

requests for service have come with a strong demand from the Telecommunication and Real 

Estate markets, however, as the technology quickly proves its value, we will be heavily focused 

on bridge, tower and structure inspection, agricultural survey and monitoring of growth, 

development and deficiencies, as well as, commercial advertising, public safety services, such as,

search and rescue emergencies, and first responder for hazardous condition assessments like 

material spills and fires, both controlled and wild. We also forecast a wide variety of 

environmental safety and conservation applications in the near future. This could include 
botanical and wildlife studies and safety assessments, as well as, forest canopy monitoring and 

expedited detection of invasive species like the Pine Bark Beetle, Emerald Ash Borer or the 

Forest Tent Caterpillar.

SAFETY

Safety is a fundamental core value in all SkyDen UAV, LLC operations. SkyDen UAV, LLC 

strongly believes the safe integration of sUAS’s into National Air Space (NAS) is of the utmost 

importance and is wanting/willing to adhere to any additional regulations imposed by the FAA in 

order to maintain the NAS safety and security, therefore as an ambassador of an amazingly new 

technology, SkyDen UAV, LLC will always strive to be an exemplary representative of proper 

sUAS integration into National Air Space (NAS) for commercial applications.

All sUAS flights will occur over private or controlled access property. SkyDen UAV, LLC will 

conduct flights with the property owner’s consent and knowledge. Access during flights will be 

limited to people who have consented or otherwise have agreed to be in the area where 

videography will take place.

PILOT IN COMMAND (PIC) TRAINING REQUIREMENTS

In order to maintain and advance those necessary safety and security protocols of an emerging 

industry, Any/All SkyDen UAV, LLC PIC’s must possess and complete the following FAA and 

Operator requirements before any consideration for commercial flight takes place:

1. All PIC’s must possess a commercial, private or sport pilot license and a current FAA Medial 

Certificate or valid driver’s license

2. All PIC’s must complete and log a minimum of 50 hours of advanced flight simulation time 

using a flight simulation-training program.

3. All PIC’s must complete and log a minimum of 40 hours actual hands on flight training.

4. All PIC’s must possess advanced safety training and knowledge, as well as, advanced training 

in Pre & Post flight planning, maintenance, checklists, etc..

5. All PIC’s must pass SkyDen UAV, LLC’s strictly monitored final flight tests.

SkyDen UAV, LLC sUAS pilots are highly experienced and fully licensed commercial aircraft 

and rotorcraft pilots. Each has a significant amount of hours of commercial experience operating 

within the National Airspace System. SkyDen UAV, LLC pilots will always fly in observance of 

all FAA Laws, Rules, Guidelines and stipulations.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

SkyDen UAV, LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAS System:

• 14 CFR Part 21, Subpart H

• 14 CFR 21.191

• 14 CFR Part 27

• 14 CFR sections 45.23(b)

• 14 CFR 45.27 (a)

• 14 CFR Part 61.23(a) and (c)

• 14 CFR Part 61.101(e)(4) and (5)

• 14 CFR Part 61.113(a) and (b)

• 14 CFR Part 61.315(a)

• 14 CFR Part 91.7 (a)

• 14 CFR Part 91.9

• 14 CFR Part 91.103
• 14 CFR Part 91.105

• 14 CFR Part 91.109

• 14 CFR Part 91.119

• 14 CFR Part 91.121

• 14 CFR Part 91.151(a)

• 14 CFR Part 91.203(a) and (b)

• 14 CFR Part 91.405(a)

• 14 CFR Part 91.407(a)(1)

• 14 CFR Part 91.409(a)(2)

• 14 CFR Part 91.417(a) and (b)

14 CFR Part 21 Subpart H, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

a) While the FAA continues to work to develop airworthiness standards for unmanned aerial 

systems, we request an experimental certificate be issued for the DJI Phantom 3, Inspire 

1, and S900 under either, or both, of the following provisions:

14 CFR 21.191 Experimental Certificates. Experimental certificates are issued for the following 

purposes:

a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

b) Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance 

for issuance of type and supplemental type certificates, flights to substantiate major 

design changes, and flights to show compliance with the function and reliability 

requirements of the regulations. Since the experimental certificate can be used for 

commercial purposes such as market surveys, sales demonstrations, and customer crew 

training, we would expect that an experimental certificate would permit our commercial 

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and 

will only fly under strict operational requirements. Combined with the sUAS's

lightweight, being constructed primarily of carbon fiber and plastic, we propose that the 

sUAS will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then we request an exemption of 14 CFR Part21, Subpart 

H, and the requirement for airworthiness certificate in general, citing the equivalent level 

of safety outlined in the previous paragraph.

14 CFR 21.191 Experimental Certificates:

Experimental certificates are issued for the following purposes:

a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

b) Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance 

for issuance of type and supplemental type certificates, flights to substantiate major 

design changes, and flights to show compliance with the function and reliability 

requirements of the regulations.

c) Since the experimental certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. The aircraft will

not carry persons or property, will not carry fuel, and will only fly under strict operational 
requirements. Combined with the aUAS's lightweight, being constructed primarily of 

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than 

a conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous 

paragraph.

14 CFR 27 Airworthiness Standards: Normal Category Rotorcraft

This part prescribes airworthiness standards for the issue of type certificates, and changes to those 

certificates, for normal category rotorcraft with maximum weights of 7,000 pounds or less and 

nine or less passenger seats.

a) Since the sUAS is not a normal rotorcraft as described in the above-mentioned regulation 

we do not believe that this regulation would apply. We therefore request an exemption 

from 14 CFR 27.

14 CFR 45.23 (b) Display of Marks; General and 14 CFR 45.29 Size of Marks

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 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).

a) The sUAS will not have an airworthiness certificate, but as required by the

333 Exemption it will be registered and each sUAS will have its own “N” number. The N-number 

will be permanently applied to the sUAS. The N number will be as large as is practical and 

prominently displayed.

14 CFR 45.27 (a) Location of Marks; Non-fixed Wing Aircraft

This part describes the required positioning and size of markings on non-fixed – wing aircraft

a) Since the size of the sUAS restricts the size and placement of the required markings we 

propose any required markings will be permanently applied to the sUAS. Furthermore 

said markings will be as large as is practical and prominently displayed.

14 CFR 61.23 (a) (c) Medical Certificates: Requirement and Duration

This part describes those operations requiring a medical certificate and operations requiring either 

a medical certificate or U.S. driver's license.

a) All PIC’s will possess either a FAA Medical Certificate or valid driver’s license as 

appropriate

14 CFR 61.101 (e) (4) (5) Recreational Pilot Privileges and Limitations

This part describes the limitations of a recreational pilot certificate holder. In particular, the fact 

that a recreational pilot certificate holder is prevented from operating an aircraft for compensation 

or hire

a) The PIC requirements stated in the 333 Exemption state that the sUAS PIC must hold 

either a private, commercial or sport pilot’s license in order to operate the sUAS for 

commercial purposes. Therefore we request an exemption from these regulatory 
requirements

14 CFR 61.113 (a) (b) Private Pilot Privileges And Limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. Sections 61.113 (a) & (b) limit private pilots to noncommercial operations.

a) 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 operate under the supervision of a private pilot’s license holder rather than 

a commercial pilot’s license holder.

b) 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.

c) 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 in a supervisory role 

aiding the PIC exceeds the present level of safety achieved by 14 CFR 61.113 (a) & (b).

14 CFR 61.315 (a) (c) (2) (3) What Are the Privileges and Limits of My

Sport Pilot Certificate Sections 61.315 (a), (b), (2), and (3) limit Sport Pilots to non-commercial

operations.

a) Since a Sport Pilot Certificate is listed as one of the approved airman certificates required 

for commercial operation of a sUAS Aerial Solutions, LLC requests an exemption from 

the parts of the regulation as noted above 14 CFR 91.7 Civil Aircraft Airworthiness

b) This regulation prohibits the operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable.

14 CFR 91.9: Civil Aircraft Flight Manual, Marking, and Placard

Requirements

a) This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. We 

request an exemption to this requirement since the aircraft is not only too small to carry 

documentation; the documentation would not be available to the crew during flight

operations.

b) To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a 

current, approved sUAS Flight Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.103 Preflight Action

This regulation describes the information each pilot in command shall obtain prior to beginning a 

flight

a) Pre and Post Flight Checklist/Inspections To include, but not be limited to the following:

1. Inspect all parts and system components for proper working condition.

2. Including, but not limited to:

a. Actuators/Servos

b. All Motors

c. Wiring and Connectors

d. Propellers, cleaned, inspected for damage, mounted correctly

e. Electronic Speed Controllers

f. Batteries Levels and Condition of all power supplies.
g. Remote Control Functions and Settings

h. Ground Station equipment and connections

3. Conduct preflight safety discussions and assessments including but not limited to weather 

and other areas of concern: and take steps to mitigate or eliminate all safety risks prior to 

flight.

4. Obtain proper clearance of NAS, if need be, and proper permission for and use.

5. Strictly manage Spectator, Crew and Public Safety.

6. Have on hand all necessary flight documents, handbooks, exemptions, etc.

7. Conduct all preflight inspections and operational testing recommended in the sUAS user 

and operational manuals.

8. SkyDen UAV, LLC will only conduct operational flights under ideal visual 

meteorological conditions (VMC) and as follows:

a. No flights will take place in obstructed view locations or during unpredictable 

weather conditions.

b. No flights will be conducted less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

c. No flight operations will be conducted at night.

d. All flights will be aborted in the event of unpredicted obstacles or emergencies.

14 CFR 91.105 Flight Crewmembers at Stations

This regulation states the requirement for when flight crewmembers must be at their stations

a) The sUAS is unmanned and therefore this regulation would not apply. During operation 

the sUAS PIC will maintain “hands on” the controller at all times

14 CFR 91.109 Flight Instruction; Simulated instrument light and certain flight tests

The regulation states, "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls.”

a) The sUAS System ground-based control station consists of a hand-held radio transmitter

and while it does not offer a second set of "controls", both the student and instructor can, 

and will, operate the single set of controls simultaneously. With both student and 

instructor having "hands-on" the controls during flight, this technique meets the intent 

91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum Safe Altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, or structure.

a) Since the typical mission of the sUAS would be photography or survey of persons, 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the 

items listed. Operations will only be flown over property or persons where permission 

has been obtained and careful preplanning has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore we maintain that due to the

small size of the sUAS, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter settings

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100NM of the aircraft.

a) The sUAS will always fly below 400 feet AGL and will not need to maintain cruising 

altitudes in order to prevent conflict with other aircraft. An Above Ground Level 
altimeter measurement above the take off point is transmitted via radio from the sUAS 

on-board computer to the display screen held by the PIC, providing a constantly updated 

AGL readout.

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

The regulation provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes.

a) We feel the intention of this paragraph is to provide an energy reserve as a safety buffer 

for delays to landing. The sUAS is battery operated and the maximum duration of flight 

from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will 

never fly more than 3/4NM from the point of intended landing, a full battery charge at 

launch will ensure that we meet the reserve energy requirement of this paragraph. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the 

word "energy".

14 CFR 91.203 (a) & (b) Civil Aircraft: Certifications Required

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew."

a) At a maximum gross weight of less than 6.5 pounds, the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or 

crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose 

that documents deemed appropriate for this aircraft by the FAA will be co-located with 

the crew at the ground control station and available for inspection upon request. In order 

to identify the aircraft, we propose that the information found on airworthiness and

registration certificates be permanently affixed to the aircraft via placard containing the 

following information plus the word "EXPERIMENTAL" to satisfy the requirement of 

14 CFR 45.23.

14 CFR Subpart E 91.401 - 91.417 - Maintenance, Preventive Maintenance,

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43.

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 14 CFR 43.7 "after maintenance and inspection.

a) It is our intention that the PIC will perform routine maintenance and inspections of the 

aircraft and "be authorized to approve the aircraft for return to service."

b) The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and 

in addition conduct detailed inspections after every two hours of flight.

c) Maintenance performed by the PIC is limited to:

a. Repairing small cracks,

b. Replacing a propeller,

c. Checking electrical connections and

d. Updating software and firmware for the on-board computer

d) The manufacturer or their designated repair facility will perform all other maintenance.

e) The PIC will document work performed in accordance with 91.417.

f) We feel that due to the size, construction, and simplicity of the aircraft, the PIC can 

ensure an equivalent level of safety. All preflight checks will be signed, dated and 

retained and available at the request of the FAA.
PROPOSED UAS’S FOR EXEMPTION AND THEIR PHYSICAL DESCRIPTIONS

Depending on our aerial imaging, environmental safety and/or atmospheric conditional needs, 

SkyDen UAV, LLC proposes to use the following models of sUAS’s in its business operations. 

At this time we formally request exemption for the:

a. DJI Phantom 3 Professional,

b. DJI Phantom 3 Advanced,

c. DJI Inspire 1

d. DJI Spreading Wings S900

All of these types of sUAS have had precedent rotorcraft UAS Section 333 exemption approval 

by the FAA. sUAS performance and safety technologies are quickly advancing, consequently we

too must advance with them. Therefore, we respectfully request the approval to update our DJI 

series systems software and hardware when need be as long as they fit within the FAA’s sUAS 

size and weight parameters and follow all further imposed regulations.

These are the latest models in their class from DJI, a worldwide leader in technologically 

advanced small rotorcraft, radio controlled (RC) aircraft. Each of the proposed models is

equipped with highly advanced control and navigational features and fit within the prior safety 

requirements set forth by the FAA. The DJI sUAS aircraft feature a built-in stabilized HD camera 

and GPS safety features which limit its ability to limit the height it flies above ground level 

(AGL), to limit the radius of the distance it flies from the operator and to exclude it from 

operations within designated Class B, C and D airspace including a no-fly zone feature. 

The DJI Phantom and DJI Inspire 1 also have a failsafe function that is triggered in the event 

communication is lost between the sUAS and the main controller transmitter and secondary 

controller. At that time, the sUAS will return to its point of takeoff and land safety. If the 

connection is restored, the PIC can regain control of flight and land manually.

The specifications of the proposed DJI models listed above meet with the Model

Aircraft Operating Standards as set below:

a. SkyDen UAV, LLC will only operates its sUAS in line-of-sight of a pilot and/or observer 

and will operate at sites that are ‘sufficient distance’ from populated areas. Such 

operations will ensure that the sUAS will “not create a hazard to users of the national 

airspace system or the public.”

b. When flying an sUAS within three (3) miles of an airport, airport operators will be 

notified and the operator will give the right-of-way to avoid flying in the proximity of 

full-scale aircraft

c. Maximum flight time for each operation will be 30 minutes.

d. Flights will be terminated when battery levels reach 25%, allowing sufficient reserve 

flight time to safely land the sUAS.

e. All sUAS models operated by SkyDen UAV, LLC will be programmed so they are not 

operated at an altitude that exceeds 400 feet AGL, or more than 200 feet above an 

elevated platform from which videography is planned.

f. The minimum crew for each operation shall consist of: sUAS pilot, and a sUAS visual 

observer.

g. The sUAS PIC will be an experience sUAS pilot

h. All sUAS models operated by SkyDen UAV, LLC weigh less than 25 pounds, including 

all payloads (i.e. camera, lens, and stabilized gimbal).

i. All sUAS models operated by SkyDen UAV, LLC will operate at speeds of no more than 

50 knots, can hover, and can simultaneously move vertically and horizontally.
Given the small size of the sUAS and the restricted sterile environment within which it will 

operate, SkyDen UAV, LLC operations adhere to the Reform Act’s safety requirements.

Included with this petition for exemption are the proposed flight safety guidelines, battery safety 

guidelines and maintenance manuals for the DJI Phantom Series, Inspire 1, and Spreading Wing 

S900 aircraft. Due to the large size data files of the pilot training manual and user manuals 

(exceeding the 10MB file maximum allowed for online submissions) and prior precedent 

exemption grants by the FAA for each proposed UAS, full user manuals (containing all 

specifications) are not included with this petition.

They are available upon request or at the following website links:

DJI Inspire 1:

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manu

al_v1.0_en.pdf

DJI Spreading Wings S900

http://download.djiinnovations.com/downloads/s900/en/S900_User_Manual_v1.2_

en.pdf

DJI Phantom 3 Professional:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professi

onal_User_Manual_v1.2_en.pdf

UAS RADIO FREQUENCIES

All devices used will comply with the FCC usage and emissions regulations and guidelines. The 

radio frequencies used will also comply with the allotted FCC frequencies for data transmission 

and vehicle control in unlicensed frequency bands. (More on radio frequencies provided on the 

specification/user manuals included with this petition.)

BENEFITS TO THE PUBLIC

SkyDen UAV, LLC is very excited to be a participant in such an extraordinary and electrifying 

new industry. As mentioned before, flight safety is of the highest importance and we are

committed to comply with all regulations and guidelines.

This new sUAS technology benefits both the environmental and economy on a level never before 

explored in the aerial imaging industry. Traditional methods of piloted aircraft for aerial imaging 

purposes have historically been extremely expensive and produce high levels of toxic emissions 

into the atmosphere, carry large payloads of flammable fuel and greatly increase the risk of 

human endangerment.

Our small, lightweight, micro UAS’s run on rechargeable LiPo batteries and produce zero toxic 

emissions during flight. They’re highly controllable with advanced safety features for 

stabilization, GPS navigations, electronic speed controllers, autopilot safety modes and real-time 

data transmissions and recording. Overall, the use of the proposed sUAS’s greatly increases 

public safety as compared to conventional methods of aerial imaging.