1

Sky Flight Robotics Inc.

8975 Memory Lane

Freeland MI 48623

989

- 573

- 0085 James@skyflightrobotics.com

November 6 , 2015

U.S. Department of Transportation Docket Operations 1200 New Jersey Ave., SE Washington, DC 20590

Re: Submission of Request for Determinati on under Section 333 of the FAA Modernization and Reform Act and Exemptions u nder 14 C.F.R. Section 11.81

Dear Sir or Madam:

Pursuant to Section 333 of the FAA M odernization and Reform Act of 2012 (“FMRA”), Sky Flight Robotics Inc. hereby request a determination by the Secretary of T ransportation authorizing conduct of commercial operation s of its S UAS for the purposes of photography, videography, inspe ction of infrastru cture, surveying , mapping and photogrammetry, precision agriculture , and scientific & environmental research

. Pending a grant of exemption, Sky Flight

Robotics Inc. (SRF) will be launching its company, an all

- female owned small business, which

wi ll provide a broad spectrum of safe, low

- cost, aerial solutions. Sky Flight Robotics “SFR” will be using Small Unmanned Aircraft Systems “ S UAS ” manufactured by Sky Flight Robotics

, our

own designed SUAS Fixed wing Micro 4.2 lbs. or less class flying wing along with the Smart

Planes of Sweden SUAS micro class flying wing and 3DR Robotic s and DJI multi rotor SUAS

aircraft

. Operations will be conducted within and under the safeguards outlined herein and as may be established by the FAA under FMRA Section 33 3(c).

I also petition for exemptions as necessary to effect the determination requested pursuant to FMRA Section 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to exist ing re gulations. Authorizing me to conduct commercial S UAS operations

would enhance commu nity education and awareness of S UAS. Further , operation of his S UAS in these commercial operations are less disruptive, safer, and more cost effective than manned aviation equivalents due to the low altitude environment, given the size, speed and inherent risk

of traditional commercial helicopter operations. These commercial operation s often occur in the unsafe areas of the height

- velocity diagram requiring special precision and skill . I will conduct

the commercial S UAS operations i n a manner that will meet

, and in many cases exceed

, the current level of safety of commercial helicopter operations

. I w ill employ S UAS multirotor that

are under 10 lbs. and in regards to the fixed wing will be at or under 4.2 pounds and have a low noise signa ture, and carry no volatile fuel , which will limit collateral damage in the event of catastrophic failure. The low expense of operation compar ed to cost prohibitive manned aviation

alternative s allow a greater economic benefit to businesses. For these reasons, granting an2

exemption under FMRA Section 333(c) is in the public interest. S UAS technology used for these

commercial purposes benefit the public interest in the following ways:

 Reduces the collateral damage risk s to life and property associated with low altitude helicopter operations in undesirable portions of the height

- velocity envelope.

 Increased public awareness regarding safe and responsible utilization of S UAS.

 Increased economic wellbeing to local businesses via cost reductions

.

 Enabling aerial business solutions to be available to a larger market.

 Enhan ced agriculture practices result ing in reduced environmental contamination from pesticide/fertilizer runoff and increased crop yields

.

 More e fficient and frequent inspection of infrastructure due to reduced cost

.

Additionally, I commit to hiring appropriately qualified employees from the local community whenever po ssible in future expansions. I apprec iate your careful consideration in granting this exemption.

Sky Flight Robotics Inc. 8975 Memory Lane

Freeland MI 48623

989

- 573

- 0085 James@skyflightrobotics.com3

Table of Contents

I. Regulations

– Exemptions Requested

II. Commercial Operation/Operator

III. Unmanned Aircraft System ( S UAS)

IV. S UAS Pilot

- in

- Command (PIC)

V. Public Interest

VI. Summary

VII. Appendix A

– Sky Flight Robotics Manta R ay Info Sheet

VIII. Appendix B

– Smart Planes SE, S1D Freya Operating Documents

IX. Appendix C

– 3DR Solo Operating Documents

X. Appendix D

– DJI Matrice 100 Operating Documents XI Appendix E

- Common Documents

I. Regulations

– Exemptions requested

Pursuant to 14 C.F.R. § 11.81(e), Sky Flight Robotics Inc. Seeks exe mption from the below

mentioned regulations and provide reason as to why the exemption should be approved based on

the level of safety at least equal to that of which the rules require.

 14 C.F.R. Part 21 Subpart H

– Airworthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1)

Given th e small size of the S UAS and the safeguards that will be take n as outline below

, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 an d Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular S UAS.”

 14 C.F.R. § 45.23(b)

– Aircraft Marking and Identification Requirements

o When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category a ircraft 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.

My S UAS will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the registration number in the largest practicable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii)

– Private and Commercial Pilot Privilege

and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in

command of a n aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of4

an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in

command of an aircraft in connection with any business or employment

o 14 C.F.R. § 61.133 : (a) Privileges

– (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.

Currently, there are no a pplicable areas identified for S UAS in either the priv ate or the

commercial sector and therefore an exemption is required to con duct commercial operations. As flight operations will be conducted with an abundance of caution following the procedure outline below, my operations will achieve an equivalent level of safety for each individual flight especially when compared to commercia l flights identified in Part 61 when originally developed. My operation will be conducted with pilots who hold, at a minimum, a private certificate of any category or class and a 2 rd

class medical. I, James D Peters , a Private pilot , will oversee the flying program

.

 14 C.F.R. 91.7(a)

– Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition.

Currently there is no airworth iness certificate for 3 DR S UAS or Sky Flight Robotics

S UAS and Smart Planes of S weden S UAS . Daily pre and post flight inspections will be accomplished in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immediately upon

identification of an in

- fli ght emergency or other unsafe condition. By complying with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

o (b)(2) prohibits operation of U.S.

- registered civil aircraft 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.

By keeping all operating documents, manuals, authorizations and exemptions in a binder

co

- located with the GCS, I can meet the intent of the regulations and therefore achieve an equivalent level of safety.

 14 C.F.R. 91.109(a)

– Flight Instruction

o 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.

The majority of S UAS by design are developed with sin gle operational control through the use of pre

- determin ed GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training in stile environment. Training sessions will be accomplished separately from flights conducted for compensation or hire.5

 14 C.F.R. 91.119 (c)

– Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by th e FAA.

Commercial S UAS operations will be conducted at or below 400 ft. AGL. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with current manned aviation operations.

 14 C.F.R. 91.121

– Altimeter Settings

o Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating...

SUAS are equipped with Global Positioning System (GPS ), which provide altitude and

geo

- location data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail

- safes

and a visual observer the operation will mee t an equivalent level of safety.

 14 C.F.R. 91.151(a)

– Fuel Requirements for Flight in VFR Conditions

o No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather co nditions) 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;

This regulation is written based on the capabilities of a traditional aircraft , which have flight times of several hours or greater; therefore, with the majority of S UAS which have flight times of only an hour or less, this regulation would effectively deny t he ability of the air vehicle to operate.

The 3DR , SFR, Smart Planes Of Sweden S UAS display a visual and emit an audible low battery alert at 25% at which time the UA will automatically engage the landing

sequence.

Based upon that safeguard and the small operational area in VLOS, the operation can meet an equivalent level of safety.6

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b)

– Maintenance

Inspections

o 91.405(a) States : Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall betwee n required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter

o 91.407(a)(1) States : (a) No person may operate any aircraft that has undergone maintenance, preventive mainten ance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless , within the preceding 12 calendar months, it

has had

— (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any insp ection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance

records.

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or op erator shall retain the following records for the periods prescribed: (paragraphs 1

– 3)

Because 3DR S UAS

, SFR S UAS and Smart Planes S UAS , DJI SUAS at present do not have airworthiness certificates, these regulations do not apply and therefore an exemption is required. Pre/Post flight inspections and maintenance will be conducted in accordance with the manufacturer’s guidance as stated in the operations manual. In addition, to meet the intent of these regulations, I will maintain daily logs of pre and post flight inspections. If maintenance is required, a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and

alterations will be documented and maintained in a record. These acti ons will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level of safety.

II. Commercial Operator /Operation

Initially, I will be the sole operator of the exempted S UA S , with subsequent hiring of employees

to follow. I have approximately five years of experience operating S UAS in COA approved airspace conduction research and development flights for the use of manufacturing S UAS

aircraft . I received my trainin g at Merrill Aviation & Defense and occupational sp ecialty is

Torrent S UAS manufacturing and design Engineer

. A t Merrill Aviation & Defense , I have

conducted S UAS operations with in Merrill’s COA under a special Airworthiness certificate for

the Torrent S UAS and assisted at North Western Mich igan Collage s COA as a technical advisor of avionics system operation

. I am a S UAS subject matter expert and am currently manufacturing certified S UAS aircraft for Merrill Aviation & Defense and Sky Flight Robotics

Inc. and Smart Planes of Sweden. I’m a S UAS designer and Avionics engineer with 25 years experienced A&P technician and an IA holder . I hold a private pilot certificate, airplane, sing l e,7

engine land and have approximately 25 hours of flight and grou nd training toward a helicopter

add

- on. I possess 2 nd class medical. I request that my future employees be exempt from§ 61.113 (a) and (b) a llowing operations of my S UA S for compensation or hire, possessing only a private pilot certificate and 2 nd c lass medical. A private pilot certific ate will demonstrate a safe and equivalent level of aeronautical safety, judgment , security and responsibili ty to operate my
S UAS.

I am knowledgeable in human factors awareness; crew resource management ; and risk management. I will apply those principles to my operation.

For each flight

, my employees or I :

 Will contact the controlling air traffic organization to issue a NOTAM.

 Will obtain a preflight briefing from a pilot briefer, DUATS, or similar means.

 W ill conduct a comprehensi ve worksite inspection and analysis, identifying limits of customer property or authorized access areas.

 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will operate in those areas only with the consent of the landowner or designated representative.

 Will i dentify potential obstructions or other hazards to safe operation.

 Will c lear the area of personnel or bystanders that are non

- essential to the operation, maintaining at a minimum, 500 feet away from non

- participating persons.

 Will c onduct a preflight safety briefing to V isual Observer (VO) and participating

persons

.

 Will at all times yield to manned air traffic.

 Will operate within VLOS of both PIC and VO during daylight hours only.

 Will maintain voice communications with VO and participating persons.

 Will operate under Class D visual flight rules, defined as 500 feet below and 2000 feet horizontal from clouds with a minimum of 3 statute miles of visibility.

 Will not exceed an altitude 400 feet AGL as determined by the installed GPS

.

 Will keep operating documents, manuals, authorizations and exemptions in a binder co

located with the GCS.

 Will immediately terminate flight, in the safest manner possible, when safety to persons or property become comp romised.

 Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below 400 feet AGL, relief is needed from Secti on 91.119 (c) and (d). By following these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought.

III. Unmanned Aircraft System

I seek an exemption to oper ate the (SFR), ( 3DR )

, (DJI), (Smart Planes SE ) line of S UAS. The (SFR) Manta Ray is the primary aircraft in our operation for which we seek exemption . We will also be using the 3D R Solo and DJI Matrice and the Smart Planes S1D “ Freya ” S UAS and so wish to include those platforms in this exemption as well

. T wo of the four listed S UAS utilize

the same common autopilot system manufactured by 3DR robotics and common ground control

station software (GCS) . The S UAS will be flown via a combination of RC control and8

Ruggedized daylight readable Tablet GCS , or Ruggedized daylight readable PC

- based GCS . The

Solo and Matrice 100 are GPS equipped multirotor helicopter s. The Solo and Matrice a re quad

type rotor wing aircraft utili zing four rotors. The Manta Ray is a GPS equipped, lightweight 4.2

lbs. , foam constructed

, fixed wing aircraft with a minimum airspeed of 2 6 MPH and a max airspeed of 4 5 MPH. The Smart Planes SID Freya is a GPS equipped and light weight at 3.5 lbs

and is a foam constructed fixed wing aircraft with a minimum speed of 22 MPH and max speed

of 45 MPH. All four S UAS are powered by industrial grade lithium

- polymer batteries. The

S UAS will carry either small high end fixed point and shoot cameras for geo

- mapping p roposes and or high resolution video cameras for inspection and surveillance missions

. For crop survey missions the SUAS will employ a multispectral camera system.

All four of the listed S UAS have the capability to l and a t its current location with a dedicated

switch . The S UA S also has several fail

- safes for loss of RC signal (Return to home) , loss of GPS and low battery (will auto land)

, as outlined in the respective Operation Manual s

. The S U AS display a visual and emit an audible low battery alert at 25% on the GCS at which time the UA will automatically engage the landing sequence. Base d upon that safeguard, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions.

The UA also has a geof

ence function , which will be programmed for a maximum altitude of 400

feet AGL and within the lateral boundaries of the worksite. The S UA S, G iven the aircraft will be operated within VLOS with the aid of a VO

, I believe the operation can be conducted with an equivalent amount of safety and therefore request exemption fro m Section 91.121

G iven the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airw orthiness Certificates) and § 91.203 (a) and (b) is requested. I seek exemption from § 45.23 Marking of the aircraft. The UA will display the registration number in the largest practicable lettering. He wished to be exempt

from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously outlined to determine the integrity and safety of the S UA S and associated equipment

. F urther, I require relief from 91.7(a ), which prohibits the operation of an aircraft without a n airworthiness

certificate and 91.9(b) (2) requiring an approved flight m anual in the aircraft. The S UAS will not be operating with an airworthiness certificate therefore, this would be inappropriate. The S UA S

are too small to carry the operating document s so an equivalent amount of safety can be achieved through keeping the operating documents and manuals a t the GCS.

IV. S UAS Pilot in Command (PIC)

U nder § 61.113 (a) and (b) private pilots are limited to non

- c ommerc ial operations, however I

can ensure my operation will achieve an equiv alent level of safety a s current regulation because

my S UA S do not carry a ny pilots or passengers. A commercial pilot certificate will not e nsure RC piloting ability, as the psychomotor skills are different . The inherent risks of operating a

S UAS are far le ss than in the commercial activities outlined in 14 CFR part 61, et seq., thus I

request an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.

All S UA S PICs will have logged, in accordance with 61.51 (b), appropriate training on the UA consisting of 25 hours as S UAS rotorcraft, 10 hours multirotor S UAS or 25 hours as S UAS airplane, 10 hours single

- engine as appropriate. PICs will maintain recent flight experience on9

the S UA S

. Training and experience flights will be conducted separate from commercial

operations.

PIC Training will consist of:

 Pre

- flight Tasks

o Assembly and inspection of S UAS

o Set

- up and configur ation of RC radio and GCS

o System checks

 Mission Tasks

o Takeoff and landing

o Manual flight modes

o Autonomous flight modes

o Emergency Procedures

 Post

- flight Tasks

o Inspection

o Shutdown

o Disassembly

 Other Tasks

o Regulations

o Operating limitations

o Flight planning

V. Public Interest

Given the above stated evidence, procedures, and precautions; I feel that operating my S UAS commercially for the purposes of photography, videography, inspection of infrastructure, surveying, mapping and photogrammetry, precision agriculture, and scientific & environmental

research will ultimately be in the public interest. These operations, when executed with prudence, will exceed the current level of s afety as the regulations from which I seek exemption. My operation will allow greater access to commercial aerial services that were not previously economically feasible for many firms. This will provide a much needed economic uplift to the community and h ence the public. My operation will be conducted with less risk of collateral damage to persons and property while limiting disruptive noise pollution associated with low

altitude aviati on operations.

A major factor to consider regarding the public interest is the current state of S UAS operations in

the US. As a manned aviator, the need to integrate S UAS into the national airspace system in a

safe

, deliberate manner, is always at the forefront of my min d. While not all, m any individuals

operate S UAS and mode l aircraft in a reckless manner out of either ignorance or carelessness , as evidenced by the increasing reports of manned

- unmanned incursions and incidents

. As the technology becomes more readily avai lable, the challenges will intensify. By allowing commercial operations, it will enable communities to become educated in the proper use of this technology. As an Airman , I am already working to foster positive awareness and safe, responsible utilization o f S UAS technology. Granting my exemption will result in a direct

extension of these efforts, which is in the public interest

.10

VI. Summary

Pursuant to Section 333 of PL 112

- 95 commonly known as the “FAA Modernization and Reform Act of 2012”, James D Peters , hereby applies for authorization to conduct commercial unmanne d aerial systems ( S UAS) operations for the purposes of photography, videography, inspection of infrastructure, surveying, mapping and photogrammetry, precision agriculture, and scientifi c &

environmental research.

Rules in which I seek exemption:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

Throughout this exemption request, I have shown how my expertise and knowledge with S UAS technology will ensure the p ublic’s best in terest is at hand a nd how my operation will aid in safely integrating civil S UAS into the national airspace system

.