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ELECTRONIC SUBMISSION via http://www.regulations.gov/:

October 10, 2015

U.S. Department of Transportation, Docket Operations, M-30

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE

Washington, DC 20590 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part 

11, SkyTap, Inc. (herein referred to as SkyTap) hereby applies for an exemption from the Federal 

Aviation Regulations (FARs) identified below to allow commercial operation of UAS in order to provide 

valuable data acquired by airborne payloads to benefit SkyTap's customers so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA.

SkyTap’s proposed flight operations of a UAS do not create a hazard to users of the national airspace 

system or the public due the aircraft size, weight, speed, operational capability, proximity to airports

and populated areas, and operation within visual line of sight (VLOS). Further, the proposed operations

do not pose a threat to national security.

SkyTap's petition for exemption is similar to Exemption Nos. 12789, 12646, 12763, and 11525 granted by 

the FAA in all material respects. In those Grants of Exemption, the FAA found that the enhanced safety

achieved using a UAS with the specifications described by the petitioners where the UAS would be

carrying no passengers or crew (as opposed to a manned aircraft of significantly greater proportions,

carrying crew and flammable fuel) gave the FAA good cause to find that the UAS operations

enabled by those exemptions were in the public interest. 

Also, as of March 23, 2015, the FAA automatically grants to a UAS operator with a Section 333 

exemption a blanket Certificate of Waiver or Authorization (COA) for flights at or below 200 feet, 

provided the UAS weighs less than 55 pounds; operations are conducted during daytime Visual Flight 

Rules (VFR) conditions; operations are within visual line of sight (VLOS) of the pilots; and the UAS 

remains specified distances away from airports or heliports. If SkyTap is provided with a Section 333 

exemption, it will also comply with these conditions, making a blanket COA applicable.

The requested exemption would permit the safe and diligent operation of UAS in the United States 

National Airspace System. The name and address of the applicant is:

SkyTap, Inc.

Taylor Butterfield

Co-Founder

205 Coral Ct,

Madison, AL 35756

Tel: 480-719-0366

Email: taylor.butterfield@skytap.aero
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REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

SkyTap, Inc. Requests exemption from the following regulations:

 14 CFR Part 21

 14 CFR 45.23(b)

 14 CFR 61.113(a) & (b)

 14 CFR 91.7(a)

 14 CFR 91.9(b)(2)

 14 CFR 91.109

 14 CFR 91.119

 14 CFR 91.121

 14 CFR 91.151(a)

 14 CFR 91.203(a) & (b) 

 14 CFR 91.405(a)

 14 CFR 407(a)(1) 

 14 CFR 409(a)(2) 

 14 CFR 417(a) & (b)

STATUTORY AUTHORITY FOR EXEMPTION

This petition for exemption is submitted in accordance with Section 333 of the Reform Act.

Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft

systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the

FAA Administrator is to permit operation of an unmanned aircraft system ("UAS") where it

does not create a hazard to users of the national airspace system ("NAS") or the public or

pose a threat to national security based on the following considerations:

 The size, weight, speed and operational capability;

 Operation in proximity to airports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant

exemptions from the agency's safety regulations and minimum standards when the

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§

106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why

the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how 

it would provide a level of safety at least equal to the existing rules. 14 C.F.R. §11.81.
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DESCRIPTION OF SKYTAP, INC. AND ITS SERVICES

The founders of SkyTap, Inc. will bring their expertise in professional aviation to bear on SkyTap's UAS 

operations. The three founders hold Commercial Pilot's licenses in addition to Certified Flight Instructor's 

ratings and a combined 30 years of aviation experienced in both manned aircraft and public agency UAS 

flight operations and management. Furthermore, all of SkyTap's founders are graduates of Part 141 flight 

schools with degrees in Commercial Aviation. SkyTap will have a Safety Management System and Flight 

Operations standardization program born of safety cultures and best practices engrained as professional 

aviators. 

SkyTap will use UAS for inspection and data collection services provided to clients in a number of 

different industries.

SkyTap will combine the efficiencies learned from organizations already executing UAS operations with 

the established best practices and culture of commercial flight operations. SkyTap clients will receive 

UAS services and data that will directly impact the bottom line of their businesses without any undue 

impact to the U.S. National Airspace system or any other flight operations.

SkyTap, Inc. FLIGHT OPERATIONS AND MAINTENANCE PROCEDURES

A. FLIGHT OPERATIONS DESCRIPTION

SkyTap requests this exemption with the intent to execute commercial UAS operations solely utilizing 

aircraft with less than 55 lbs gross takeoff weight in the NAS for the purpose of data acquisition from an 

airborne platform. The appendices attached to this petition lists the aircraft that SkyTap may operate. As 

the operator of these aircraft, SkyTap is committed to the following conditions and limitations on its 

operations. SkyTap understands that failure to comply will be grounds for the immediate suspension or 

rescission of any exemption granted:

1. Operations are limited to the UAS listed in the Appendix when weighing less than 55 pounds

including payload.

2. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case 

will the aircraft be operated at airspeeds greater than the maximum aircraft operating airspeed 

recommended by the aircraft manufacturer.

3. The aircraft will be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL.

4. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at 

all times. This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s U.S. driver’s license.

5. All operations will utilize a visual observer (VO). The aircraft will be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times.
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6. All operating documents needed to operate the UAS and will be accessible to the PIC during 

UAS operations and made available to the Administrator upon request. The operator will also 

present updated and revised documents if it petitions for extension or amendment.

7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional test 

flight prior to conducting further operations.

8. SkyTap is responsible for maintaining and inspecting the UAS to ensure that it is in a condition 

for safe operation.

9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight.

10. SkyTap will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and 

life limit requirements for the aircraft and aircraft components.

11. Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

12. The PIC will hold either an airline transport, commercial, private, recreational, or sport

pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid

U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a

possession, or the Federal government. The PIC will also meet the flight review

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his

or her pilot certificate. The PIC will also hold a UAS flight training certificate, in some cases training 

directly from the aircraft manufacturer.

1. SkyTap will not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated to acquire aerial data, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a 

manner consistent with 14 CFR § 61.51(b). SkyTap will operate flights for the purposes of 

training SkyTap PICs and VOs (training, proficiency, and experience building) and determining 

the PIC’s ability to safely operate the UAS.

2. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations 

will be conducted under visual meteorological conditions (VMC). 

3. The aircraft will not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport’s management is obtained or otherwise 

permitted by a COA.

4. The aircraft will not be operated 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.

5. If the UAS loses communications or loses its GPS signal, the aircraft will return to a predetermined location within the geographic and airspace limitations contained in this petition. 
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6. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

7. The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power or fuel for the aircraft to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power or fuel 

recommended by the manufacturer if greater.

8. All operations shall be conducted in accordance with an ATO-issued COA if the blanket COA 

does not cover the intended operation.

9. All aircraft operated will be identified by serial number, registered in accordance

with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings will be as large as practicable.

10. Documents used by SkyTap to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the aircraft is operating.

11. The aircraft will remain clear and give way to all manned aviation operations and activities at all 

times.

12. The UAS may be operated by the PIC from a moving device or vehicle; however, specific 

requests will be made via subsequent COA.

13. All flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the aircraft or debris in the event of an accident; or 

b. The owner/controller/operator of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made an assessment of 

the risk of operating closer to those objects and determined that it does not present an 

undue hazard.

The PIC, VO, operator trainees or essential persons will not be considered

nonparticipating persons under this exemption.

14. All operations conducted over private or controlled-access property will be conducted with the 

permission from the property owner/controller or authorized representative. Permission from 

property owner/controller or authorized representative will be obtained for each flight to be 

conducted.

15. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and television filming 

and production, the following additional conditions and limitations apply.

16. The operator must have a motion picture and television operations manual (MPTOM) as 

documented in this grant of exemption.

17. At least 3 days before aerial filming, SkyTap must submit a written Plan of Activities to the local 

Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 

3-day notification may be waived with the concurrence of the FSDO. The plan of activities must 

include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this 

grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of the 

UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission 

must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation.

FAR EXEMPTIONS REQUESTED

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the operating 

procedures and safeguards that SkyTap has established which will ensure a level of safety better than or 

equal to the rules from which exemption is sought.

A. 14 CFR Part 21 Subpart H (Airworthiness Certificates)

This Subpart establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR §91.203(a)(1). Due to the size and limited operating area

associated with the aircraft to be utilized by SkyTap, 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 USC §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 operating with an

airworthiness certificate without the restrictions and conditions proposed.

B. 14 CFR 45.23(b) – Marking of the Aircraft

The aircraft contained in this petition do not have a cabin, cockpit or pilot station on which to 

mark words or phrases. Two inch letters may be impossible to place on an aircraft with 
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dimensions smaller than the minimal lettering requirement. Since the aircraft will not have an 

airworthiness certificate, SkyTap will mark the aircraft "Experimental" as practicable.

C. 14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

Sub-section 61.113(a) limits private pilots to non-commercial operations. Because the

UAS 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 aircraft to have a

private pilot's license rather than a commercial pilot's license to operate this small UAS. 

SkyTap pilots will also be required to complete a UAS flight training course. Unlike a 

conventional aircraft that carries the pilot and passengers, the UAS is remotely piloted with 

no souls on board.

D. 14 CFR 91.9(b)(2)

Given the small size and configuration of the UASs, it would be impractical to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is no 

room or capacity in the aircraft to carry such a manual. In an FAA Office of Chief Counsel's 

Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC-220, it was 

acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of 

the unmanned aircraft has access to the UAS flight manual, registration certificate, and other 

required documents from the ground control station from which he or she is flying the 

aircraft. As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to 

ensure the pilot has access to these key documents during flight. Therefore, an equivalent 

level of safety will be achieved by ensuring that the pilot has access to the documents at the 

ground control station from which he or she is piloting the UAS.

E. 14 CFR 91.109

SkyTap seeks an exemption from 14 C.F.R. § 91.109(a), "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 aircraft in Appendix are not manufactured 

with fully functioning dual controls. Accordingly, an exemption will be required for the flight 

instruction requirements of 14 C.F.R. §91.109(a).

Given the size and speed of the UASs that SkyTap intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the operating documents, all persons will be a safe distance 

away in the event that the UAS experiences any difficulties during flight instruction. 

Moreover, all flight training will be conducted in controlled and sterile environment. As a 

whole, the procedures provided for in the operating documents ensure that UAS flight 

instruction can be performed safely.

F. 14 CFR 91.119

Section 91.119 establishes safe altitudes for operation of civil aircraft. SkyTap UAS will

operate at or below 400 ft AGL and all operations will occur during day-VMC conditions. 

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

as well as the location of operation. No flight will be taken without the permission of the 
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property owner. Because advance notice to the property owner and any onsite personnel, as 

well as the precautions outlined below, all affected individuals will be aware of the planned 

flight operations. Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other than the pilot in command (PIC) or visual observer 

(VO)), vessels, vehicles and structures, unless operations do not present an undue hazard. The 

UAS will remain within visual line of sight of the PIC or VO. Flight operations will be 

conducted at least 5 miles from an airport unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA. The PIC or VO will provide 

notification to the local Flight Standards District Office and airport controller of all 

operations within 5 miles of an airport. The FAA will have advance notice of all operations 

through the filing of notices-to-airmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS

proposed herein, any risk associated with our operations is far less than those with helicopters 

and other conventional aircraft operating at or below 500 feet AGL. In addition, the lowaltitude operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

G. 14 CFR 91.121

SkyTap requests relief from the requirements for altimeter settings. SkyTap will use an 

appropriate altimeter setting from an airport within 100 nautical miles for all aircraft 

equipped with a barometric altimeter when operated below 18,000 ft MSL and 29.92 in. Hg. 

when operated above 18,000 ft if permitted by a separate COA or restricted airspace. Relief 

from this FAR is requested for aircraft equipped only with a GPS based altimeter.

H. 14 CFR 91.151(a)

SkyTap seeks relief from the fuel reserve requirements of 91.151(a). An equivalent level of 

safety will be achieved by limiting flights to VLOS in day-VMC with a fuel reserve that will 

allow the aircraft to return to the first point of intended landing and fly after that for at least 

10 minutes or 10% of the total battery capacity, whichever is greater.

I. 14 CFR 91.203(a) & (b) 

Due to the size and weight of the UAS, the ability to carry or display certificates and 

registration documents is limited. An equivalent level of safety will be achieved by making 

all required documents available to the PIC at the ground control station.

J. 14 CFR 91.405(a), 14 CFR 91.407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b)

SkyTap requests relief from the maintenance inspections and requirements of these FARs. 

Maintenance of all aircraft operated by SkyTap will achieve an equivalent level of safety by 

virtue of the limited size and carrying capacity and limited operating conditions contained in 

this petition. All SkyTap PICs will be trained to assess the condition of aircraft prior to flight. 

Any minor maintenance that can be performed by the PIC will be logged in accordance with 

SkyTap procedures. In the event of any malfunction the aircraft will be at or below 400 ft 

AGL and can be landed immediately.
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PUBLIC INTEREST

The public interest will be served by granting SkyTap, Inc's Petition for Exemption. Congress has

established a national policy that favors early integration of UAS into the NAS in controlled, safe

working environments such as those proposed in this Petition. Granting this Petition for Exemption

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA

Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of 

the statutorily required rulemaking. Furthermore, SkyTap's UAS operations will have significantly lower 

risks to aircrew and ground personnel than operations that could acquire similar data when conducted 

with a much larger manned aircraft flown at low altitude. SkyTap services will allow our commercial 

customers to better employ their resources for improved safety and business efficiencies. 

EQUIVALENT LEVEL OF SAFETY

SkyTap proposes that the exemption requested herein apply to civil aircraft that have the characteristics 

and that operate within the limitations listed herein. These limitations provide for at least an equivalent or 

even higher level of safety to operations under the current and proposed regulatory structure.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Images or video taken of individuals will have consented to being filmed or otherwise 

they will be made anonymous.

NATIONAL SECURITY

No national security issue is presented by this request for exemption due to the small size of the UAS 

involved and the limited conditions under which they will operate, our petition presents no national 

security issue.

SUMMARY FOR FEDERAL REGISTER

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:

SkyTap, Inc. seeks an exemption from the following rules for the commercial operation of a small 

unmanned aerial system: 14 C.F.R Part 21, Subpart H; 14 C.F.R §61.113; 14 C.F.R § 91.7; 14 C.F.R § 

91.9(b)(2); 14 C.F.R §91.109; 14 C.F.R §91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b); 14 

C.F.R § 91.203 (a) & (b); 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).

The exemption will enhance safety by reducing risk to the operator, the general public and

property owners from the substantial hazards associated with performing equivalent work

using traditional conventional aircraft and rotorcraft.

CONCLUSION
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Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed,

operating capabilities, proximity to airports and populated areas, operation within visual line of

sight, and national security considerations - provides more than adequate justification for the

grant of the requested exemptions to permit SkyTap to operate the UASs proposed herein.

Furthermore, this petition warrants review by the FAA under the "summary grant" process for

immediate approval. Granting the requested exemption will benefit the public interest as a whole in many 

ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to

danger; (2) improving the quality of services SkyTap can provide to its customers; and (3)

decreasing operating costs compared with traditional aerial data collection.

Respectfully Submitted,

SkyTap, Inc.

Taylor Butterfield

Co-Founder

205 Coral Ct,

Madison, AL 35756

Tel: 480-719-0366

Email: taylor.butterfield@skytap.aero

APPENDIX:

A. 3D Robotics Aero 

B. 3D Robotics Solo

C. 3D Robotics X8

D. Aerialtronics Altura Zenith

E. DJI Inspire

F. Drone America DAX8

G. Lockheed Martin Desert Hawk

H. Lockheed Martin Indago

I. Sensefly eBee

J. Stark Aerospace ArrowLite

K. Trimble UX5

L. Trimble ZX5