U.S. Department of Transportation October 30, 2014

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

SkyPhilly, Inc.

Section 333 Petition to Operate

Small Unmanned Aerial Systems

Prepared by:

Paul Caskey

CTO, SkyPhilly, Inc.

4059 Steeplechase Dr.

Collegeville, PA 19426

610.246.9912

paul@SkyPhilly.com
2

Petition Summary:

Pursuant to Section 333 of the FZZ Modernization and Reform Act of 2012, Pub. L. No. 112-95 

(2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general 

exemption authority under 49 U.S.C. section 44701(f), SkyPhilly (“Petitioner”) hereby petitions 

for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 

(Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)-(b), 

91.103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)-

(b). 

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of 

small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety 

requirements Congress has set forth in Section 333. 

Petitioner is an aviation technology company that plans to exploit the capabilities of Unmanned 

Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Remote sensing

- Telecommunications

- Agriculture

- Aerial filmmaking and photography

- Energy systems inspections and asset management

- Construction site inspections and monitoring 

- Wildlife and forestry monitoring

- Educational and research operations

- Pipeline inspection and patrolling

Statutory Authority 

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. 

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the (comprehensive) plan 

and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 

of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a 

mechanism for “expedited operation authorization” if several factors are met. Petitioner meets 

all requirements to permit FAA approval of commercial UAS operations.
3

The Petitioner Requests Relief From the Following:

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as pilot in command of 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 if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning 

a flight, become familiar with all available information concerning that flight, to include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, 

and any known traffic delays of which the pilot in command has been advised by ATC; 

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing distance data 

contained therein; 

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under expected 

values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. 

(b) Over congested areas. 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. 
4

(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 the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less 

than the minimums prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin 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. 

[emphasis added] 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies 

repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been

approved for return to service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each engine, 

propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 
5

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves recurring 

action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, propellers, 

and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.
6

The Petitioner has Supplied the Following Additional Information: 

Pilot S900 Operating Handbook (POH) and S900 User Manual.

Unmanned Aircraft System 

The petitioner states that the unmanned aircraft (UA) to be operated under this request is less 

than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area as set out in the POH. The craft is the S900 six-rotor manufactured by 

DJI. The VTOL hexarotor-type design has six motors, GPS, full autonomous autopilot 

capabilities, telemetry and manual ground control.

In addition, the craft has integrated safety features built into the design of the UAS, as described 

in the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses 

communications or its GPS signal, the UA will have the capability to return to a pre-determined 

location within the Security Perimeter and land. It will also have the capability to abort a flight in 

the event of unpredicted obstacles or emergencies. 

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 

47, and have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart 

C. Markings will be as large as practicable. 

Pre-flight Inspection, Maintenance

Before each flight the PIC will perform a series of pre-flight and takeoff checks as defined by the 

POH supplied. After each 60 minutes of airtime, the craft will undergo a thorough inspection of 

all aircraft components, including, but not limited to:

a. Actuators / Servos

b. Motors, wiring and connectors 

c. Propellers, smooth, no chips 

d. Electronic speed controller, wiring and connectors

e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station 
7

UAS Operating Parameters 

The petitioner states that all flights will be operated within visual line of sight (VLOS) of pilot, in 

daytime VFR flight conditions and all operations will be conducted with the assistance of a 

second spotter/observer. The UAS flights will be limited to a maximum altitude of 400 feet AGL. 

Altitude is accurately measured by GPS. The petitioner further states that an operator will 

ensure that only consenting production personnel will be allowed within 100 feet of the UA 

operation, and UAS will be kept at least 100’ from any inhabited structure. Generally the

petitioner’s UAS will be operated in rural or suburban areas that will permit significantly larger

safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations to 

describe intended coordination for proposed operation(s). Petitioner will obtain an Air Traffic 

Organization (“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to conducting 

any operations under this grant of exemption. In fulfilling its requirements under the COA, 

Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not less 

than 48 hours prior to the operation

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, and hangliders). Petitioner will not conduct UAS operations within 5 

nautical miles of the geographic center of a non-towered airport unless a letter of agreement 

with that airport’s management is obtained and the operation is conducted in accordance with a 

Notice to Airmen (“NOTAM”). 

Pilot in Command (PIC)

The pilot in command will be SkyPhilly’s CTO Paul Caskey. Mr. Caskey received his airman’s 

private certificate in 1982 and has logged over 750 hours in a multitude of aircraft. He has also 

taken and passed the FAA IFR airman’s written test. In addition to Mr. Caskey’s experience as 

PIC in manned aircraft, he has long had the hobby of R/C fixed wing aircraft and, more recently, 

rotorcraft. Total flight time of unmanned aircraft is on the order of 30 years. Rotorcraft time is in 

excess of 63 hours total with 12 hours experience in-type as described above. Mr. Caskey has a 

current airman’s 3rd class medical certificate dated 10/6/14.

Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with 

the other applicable procedures and requirements stated in § 91.103(a) and (b). Specifically, the 

PIC will take all actions including reviewing weather, flight battery requirements, aircraft 

performance data, and landing and takeoff distances before initiation of a flight. The PIC will 

also account for all relevant site-specific conditions in their preflight procedures. Risks 

presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and 

initiate a return-to-home sequence if needed. 

Radio Frequencies

Radio frequencies used will be those allotted by the FCC for data transmission and vehicle 

control in unlicensed frequency bands. All devices used will comply with FCC usage and 

emissions regulations.
8

Safety and Benefits of the UAS

The petitioner will be using the UAS in a variety of applications that generally require expensive 

full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad 

benefits over the use of full-sized manned aircraft for electric power line inspection, oil/gas 

pipeline inspection, advanced agriculture, film and still photography, just to name a few. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting Petitioner’s requested exemptions, the FAA will help drive development of safe and 

successful commercial UAS operations and will advance the public knowledge base for such 

operations. Petitioner is committed to promoting the UAS research efforts of policymakers 

including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS 

operations and serving as a resource for future UAS research operations. Thus, the FAA has 

good cause to grant this Petition. 

Conclusion

For the foregoing reasons, the exemptions requested herein should be granted and Petitioner 

should be permitted to conduct small UAS operations in accordance with its manuals and all 

other operating parameters deemed necessary and appropriate by the FAA.