Sky Crafters

- Section 333 Exemption Request Page 1 Attn: Mark Pearson

3519 NE 15 th 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 Craft ers, operator of small Unmanned Aircraft

S ystems (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 s afety 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 Craf ters
Attn: Mark W. Pearson
Email: mpearson@sky

- crafters.com
3519 NE 15 th Ave, #113 Portland, OR 97212 (907) 223

- 7700

The principal applicant is Mark W. Pearson (Mark W. Pearson with Sky Crafters, the “Appl icant”), 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
U ASs 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. 91.10 3
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 theSky 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 req uired under Section 332 of the Reform Act. In making this determination, the Secretary is required to determ i ne which types of
UA Ss 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 i n 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 , wei ghing 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 controll ed by Sky Crafters or its customers with permission from said customers prior to any operation of UAS

. Such operations will ensure that the UAS s will, "not create a hazard to users of the national airspace system or the public." Reform Act§ 333 (b).

The l imitations 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 te chnology 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 pil ot 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 proper ty owned by, leased or otherwise controlled by Sky Crafters with permission fro m 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. T he UAS pilot and observer will have been trained in operation of UAS sSky Crafters

- Section 333 Exemption Request Page 4 generally and received up

- to

- date information and c heck flights on the particular UAS to be operated

. 11. The UAS pilot an d 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 juri sdictions, including local law enforcement, fire, or other appropriate governmental agencies.
14. If the UASs lose communications or lose their GPS signal, the UAS s will
have capability to return to and land at a pre

- determined and pre

programmed 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 proced ural 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

requ irements 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 UA S

. In all cases, an analysis of these criteria demonstrates that the
UA S 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 pr oposed.

The UA S ’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 nati onal 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
Thi s 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 dis play
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 thoug h 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 im possible. 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 th e 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

r equirements included in the Safety Checklist exceeds that provided by a singl e individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the UAS s 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.
Sectio n 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 Rotorc raft 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 boa rd

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

.

The equ i valent level of safety will be maintained by keeping the flight manual at the ground control point where the operator flying the UAS will have immed i ate
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 cert ain 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 w ill 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 opera te 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 instru ction 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 al titudes prescribed for helicopters by the FAA.

As this exemption is for a UAS that is a helicopter and the exemption requestsSky 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

, excep t 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, we i ght, and speed
of the UAS as well as the location where it is operated. In additio n, the low

altitude 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, b ut 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 beg i nning " a flight in an a i rplane
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 pr ovides 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

. G i ven 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 tha t an exemption from 1 4 CFR §91

. 151 (a) falls within the scope of p r ior 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

. 1 51(a) wa s intended to alleviate given the size and speed of the small UAS

. Additionally

, limiting UA S flights to 10 minutes would greatly reduce the utility for which the exemption will
be granted

.

Applicant believes t hat an equivalent level of safety can be achi eved by limiting flights to 30 minutes or 15% of battery power whichever happens first. ThisSky 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 gr anted 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 pe r son m ay 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 spec ial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew

.

The UA S fully loaded weighs no more than 55 lbs and is operated without an on board pilot. As such

, there is no abilit y 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. §91.40 5 (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 a s 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 wi th 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 b ecause 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 AG L

. T he 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 bestSky 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

.

Summa ry 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 a ircraft systems (55 lbs. or less) in aerial photography and inspection operations.

Approval of exemptions allowing commercial operations of UAS s in the aerial photography and inspection industry will enhance safety by reducing risk. Conventional aerial ph otography 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., carr ying large amounts of jet A or other fuel. Such aircraft must fly to and from the aerial photography or inspection location. In contrast, a UAS s weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced ma ss and lack of combustible
fuel carried on board. The UAS s are carried to the aerial photography or inspection site and not flown. The UAS s 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 UAS s, 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 he licopters or other manned aircraft operating in close proximity to the ground and people.

Respectfully,

Mark Pearson Managing Partner Sky Crafters