Sky Crafters - Section 333 Exemption Request Page 1

Attn: Mark Pearson

3519 NE 15th Ave, #113

Portland, OR 97212

July 28, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request- Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 

61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 

91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & (2); 91.417 

(a) & (b).

Dear FAA UAS Exemption Review Team:

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012, Pub. 

L. No. 112-95, 126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the "Reform Act") 

and 14 C.F.R. Part 11, Sky Crafters, operator of small Unmanned Aircraft 

Systems (UAS) equipped to conduct professional mapping, aerial photography 

and inspection services, hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow commercial operation of its UASs, so long 

as such operations are conducted within and under the conditions outlined herein 

or as may be established by the FAA as required by Section 333 of the Reform 

Act.

The requested exemption would permit the operation of small, unmanned and 

UAS’s under controlled conditions in airspace that 1) is limited, 2) is 

predetermined 3) is controlled as to access, and 4) would provide safety 

enhancements to operations using conventional aircraft. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's responsibilities to " ... establish requirements for the safe 

operation of such aircraft systems in the national airspace system." Reform Act§ 

333 (c).
Sky Crafters - Section 333 Exemption Request Page 2

The name and address of the applicant is:

Sky Crafters

Attn: Mark W. Pearson

Email: mpearson@sky-crafters.com

3519 NE 15th Ave, #113

Portland, OR 97212

(907) 223-7700

The principal applicant is Mark W. Pearson (Mark W. Pearson with Sky Crafters, 

the “Applicant”), a professional civil engineer with over 25 years experience with 

mapping and GIS.

Sky Crafters plans to offer video inspection, mapping, photography services and 

Geographic Information Systems (GIS) data collection for commercial purposes. 

These activities will include:

1. Aerial Mapping and GIS data collection in the Agriculture, Construction, 

and Mining industries.

2. Building and infrastructure inspections including, but not limited to, 

bridges, towers, solar farms, pipelines and power lines.

3. Commercial video/photo production for the advertising, marketing, real 

estate and marine industries.

Sky Crafters UAS operations will be conducted using DJI’s Inspire, 3D Robotics’ 

X8+ and SenseFly’s eBee and eXom UAS(s). These are professional level 

UASs for which the FAA has previously granted numerous Section 333 

exemptions.

The Applicant hereby requests exemption from the following FARs:

14 CPR Part 21

14 C.P.R. 45.23(b)

14 CPR 61.113 (a) & (b)

14 C.P.R. 91.7 (a)

14 CPR 91.9 (b) (2)

14 C.P.R. 91.103

14 C.P.R. 91.109

14 C.F. R. 91.119

14 C.P.R. 91.121

14 CPR 91.151 (a)

14 CPR 91.203 (a) & (b)

14 CPR 91.405 (a)

14 CPR 407 (a) (1)

14 CPR 409 (a) (1) & (2)

14 CPR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in 

passing Section 333(a) through (c) of the Reform Act. This law directs the 
Sky Crafters - Section 333 Exemption Request Page 3

Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of 

UASs do not create a hazard to users of the NAS or the public or pose a threat to

national security in light of the following:

• The UAS size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; 

and

• Operation of the UAS within visual line of sight of the operator

Sky Crafters's UASs are rotorcraft & fixed wing, weighing 55 or fewer lbs. 

including payload. They will operate, under normal conditions, at a speed of no 

more than 50 knots. They will operate only in line of sight and will operate only 

within the airspace above property owned, leased, or otherwise controlled by Sky 

Crafters or its customers with permission from said customers prior to any 

operation of UAS. Such operations will ensure that the UASs will, "not create a 

hazard to users of the national airspace system or the public." Reform Act§ 333 

(b).

The limitations and conditions to which Sky Crafters agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. Each UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of the Pilot in Command (PIC).

3. Maximum total flight time for each operational flight will be determined by

battery capacity. Current battery technology for the UAS allows for 18 

minute operations for the standard battery and 22 minutes for the

extended life battery. Should battery technology increase operational flight 

times, flights will be terminated at 20% battery

4. Flights will be operated at an altitude of no more than 400 feet AGL unless 

prior approval from Air Traffic Control is authorized and a Notice to Airmen 

(NOTAM) is filed and published.

5. Minimum crew for each operation will consist of the UAS pilot and a visual 

observer.

6. The UAS pilot will be an FAA licensed airman with at least a sport or 

recreational pilot's certificate and Class III airman medical certificate.

7. The UAS pilot will be Pilot in Command ("PIC"). If a pilot certificate holder 

other than the UAS pilot, who possesses the necessary PIC qualifications, 

is also present during operations that person can also be designated as 

PIC.

8. The UASs will only operate over property owned by, leased or otherwise 

controlled by Sky Crafters with permission from the relevant property 

holders.

9. A briefing between the UAS pilot and observer will be conducted in regard 

to the planned UAS operations prior to each day's operations.

10.The UAS pilot and observer will have been trained in operation of UASs 
Sky Crafters - Section 333 Exemption Request Page 4

generally and received up-to-date information and check flights on the 

particular UAS to be operated.

11.The UAS pilot and observer will at all times be able to communicate by 

voice and/or text.

12.Written and/or oral permission from the relevant property holders will be 

obtained.

13.All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies.

14.If the UASs lose communications or lose their GPS signal, the UASs will 

have capability to return to and land at a pre-determined and preprogrammed location.

15.The UASs will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 

(a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1).

Given the size and limited operating area associated with the aircraft to be 

utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 

of the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the

particular UAS. In all cases, an analysis of these criteria demonstrates that the 

UAS operated without an airworthiness certificate, in the restricted environment 

and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the restrictions and conditions proposed.

The UAS’s to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a controlled area as set out in the 

Procedures. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by the operator, pursuant to the Procedures 

requirements. Lastly, application of these same criteria demonstrates that there 

is no credible threat to national security posed by the UAS, due to its size, speed 

of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load.
Sky Crafters - Section 333 Exemption Request Page 5

II. 14 C.F.R. § 45.23 (b). Marking of the Aircraft

This 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 UASs will have no airworthiness certificate, an exemption may 

be needed as the UASs will have no entrance to the cabin, cockpit or pilot station 

on which the word "Experimental" can be placed. Given the size of the UASs, 

two-inch lettering will be impossible. The word "Experimental" will be placed in a 

visible location on the UASs.

The equivalent level of safety will be provided by having each UAS marked in the 

visible location where the UAS pilot, observer and others working with the UAS 

will see the identification of the UAS as "Experimental." The FAA has issued the 

following exemptions to this regulation in Exemptions Nos. 10700, 8738, 10167 

and 10167A.

III. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot 

in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UASs will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring the 

PICs operating the UASs to have, as a minimum, a sport or recreational pilot's 

license rather than a commercial pilot's license to operate these UASs.

Unlike a conventional aircraft that carries the pilot and passengers, the UASs are 

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 

as set forth in the Safety Checklist. The level of safety provided by the 

requirements included in the Safety Checklist exceeds that provided by a single 

individual holding a commercial pilot's certificate operating a conventional aircraft. 

The risks associated with the operation of the UASs are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 

when drafted, that allowing operations of the UASs as requested with a sport or 

recreational pilot as the PIC exceeds the present level of safety achieved by 14 

C.F .R. §61.113 (a) & (b).
Sky Crafters - Section 333 Exemption Request Page 6

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9(b)(2) provides:

No person may operate a U.S.-registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by 

§21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof.

The UASs, given their size and configuration has no ability or place to carry such 

a flight manual on the aircraft, not only because there is no pilot on board, but 

because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the operator flying the UAS will have immediate 

access to it. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 

10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each operator to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The operator will take all 

actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft 

has fully functioning dual controls.

UAS’s and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums 

prescribed, provided the person operating the helicopter complies with any route 

or altitudes prescribed for helicopters by the FAA.

As this exemption is for a UAS that is a helicopter and the exemption requests 
Sky Crafters - Section 333 Exemption Request Page 7

authority to operate at altitudes up to 400 AGL, an exemption may be needed to 

allow such operations.

As set forth herein, except for the limited conditions stated in the Procedures, the 

UAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, and speed 

of the UAS as well as the location where it is operated. In addition, the lowaltitude operations of the UAS will ensure separation between these small-UAS 

operations and the operations of conventional aircraft that must comply with 

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set " ... to the elevation of the 

departure airport or an appropriate altimeter setting available before departure." 

As the UAS may not have a barometric altimeter, but instead a GPS altitude read 

out, an exemption may be needed. An equivalent level of safety will be achieved 

by the operator, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91 .151 (a) prohibits an individual from beginning "a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed - (1) During the day, to fly after that for at least 30 minutes; 

or (2) At night, to fly after that for at least 45 minutes."

The battery powering the UAS provides approximately 40 minutes of powered 

flight. To meet the 30-minute reserve requirement in 14 CFR §91 .151, UAS

flights would be limited to approximately 10 minutes in length. Given the 

limitations on the UAS's proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight 

or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91 .151 (a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

small UAS, in a tightly controlled area, with less than 30 minutes of reserve fuel, 

does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting UAS

flights to 10 minutes would greatly reduce the utility for which the exemption will 

be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 15% of battery power whichever happens first. This 
Sky Crafters - Section 333 Exemption Request Page 8

restriction would be more than adequate to return the UAS to its planned landing 

zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless 

it has within it the following:

(1) An appropriate and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an on 

board pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the operator flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections

These regulations require that an aircraft operator or owner "shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter." and others shall 

inspect or maintain the aircraft in compliance with Part 43. Given that these 

section and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to the applicant. The operator will accomplish maintenance 

pursuant to the flight manual and operating handbook as referenced in the 

Procedures. An equivalent level of safety will be achieved because these small 

UAS’s are very limited in size and will carry a small payload and operate only in 

controlled areas for limited periods of time. If mechanical issues arise the UAS

can land immediately and will be operating from no higher than 400 feet AGL. 

The operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed.

Moreover, the operator is the person most familiar with the aircraft and best 
Sky Crafters - Section 333 Exemption Request Page 9

suited to maintain the aircraft in an airworthy condition to provide the equivalent 

level of safety.

Privacy

All flights will occur over private or controlled access property with the property 

owner's prior consent and knowledge. 

Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 

14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 

91.7 (a); 91.9 (b) (2); 91.103 (b); 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); 91.409 (a) (1) & (2) and 91.417 

(a) & (b) to operate commercially small unmanned aircraft systems (55 lbs. or 

less) in aerial photography and inspection operations.

Approval of exemptions allowing commercial operations of UASs in the aerial 

photography and inspection industry will enhance safety by reducing risk. 

Conventional aerial photography and inspection operations, using jet or piston 

power aircraft, operate at extremely low altitudes and in extreme proximity to 

people and structures; and present the risks associated with vehicles that weigh 

in the neighborhood of 4,000 lbs., carrying large amounts of jet A or other fuel. 

Such aircraft must fly to and from the aerial photography or inspection location. In 

contrast, a UASs weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The UASs are carried to the aerial photography or 

inspection site and not flown. The UASs will carry no passengers or crew and, 

therefore, cannot and will not expose them to the risks associated with manned

aircraft flights.

The operation of UASs, weighing less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting 

the grant of the exemptions requested herein, including exempting the Applicant 

from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters or other manned aircraft operating in close 

proximity to the ground and people.

Respectfully,

Mark Pearson

Managing Partner

Sky Crafters