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 84 th 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 Sectio n 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 opera tion 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 an d 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 ini tial requests for service have come with a strong demand from the Telecommuni cation and Real Estate markets, h owever, 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 c onservation applications in the near future. This could includebotanical and wildlife studies and safety assessments, as well as, forest canopy monitoring and expedited detection of i nvasive 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 S pace (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 a s an ambassador of an amazingly new technology, SkyDen UAV , LLC will alway s 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 posses s 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• 1 4 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

s ystems, 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 compli ance 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 cha nges, 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 wou ld 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, bei ng 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 a nd development. Testing new air craft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. b) Showing co mpliance 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 operationalrequirements. 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) Si nce 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 o f 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. Eve n 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 o n 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 promin ently 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 posses s 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

tha t 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 regulatoryrequirements

14 CFR 61.113 (a) (b) Private Pilot Privileges And Limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. Section s 61.113 (a) & (b) limit private pilots to non

commercial 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 aircraf t 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 an d 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 flig ht 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 t he 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/Inspe ctions 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, mounte d 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 requirem ent 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 in strument 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 consist s 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 dur ing 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 sur face. 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 regulatio n 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 conflic t with other aircraft. An Above Ground Levelaltimeter 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 day

VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly

after that for at least 30 min utes. 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 int erpretation 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 abo ard 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 sma ll 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 b e 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 aircra ft 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 p rimarily 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 condi tion 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 an d 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, envi ronmental 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 In spire 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 se t 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 e xclude 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 cont roller 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 l isted 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 operation s 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 b y 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, an d 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 wi ll 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 t he 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) a re 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.dji innovations.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 t he 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 specifi cation/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

purp oses 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 recharge able 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 reco rding. Overall, the use of the proposed sUAS’s greatly increases public safety as compared to conventional methods of aerial imaging.