1

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 pa ssengers 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 2 3, 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 dayti me 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.aero23

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 airspa ce 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 Aviatio n 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. §11.8 1.4

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 Inst ructor'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 Aviat ion. 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 DESCR IPTION

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 attache d 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 th e 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.5

6. All operating documents needed to operate the UAS and will be accessib le 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 a ffect 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 i t 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 pi lot 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 fli ght 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 dist ances 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, proficie ncy, 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

- pub lished 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 visibi lity 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 pre

determined location within the geographic and airspace limitations contained in this petition.6

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 aircraf

t 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

un due 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 prope rty 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 vertic al 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 o n the NTSB Web site: www.ntsb.gov

.7

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 PI Cs 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)) a nd 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 par ticular 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 o r phrases. Two inch letters may be impossible to place on an aircraft with8 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 operation s 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 t he 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 Offi ce 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

gr ound 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 dis tance 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 th at 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 equival ent 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 the9 property owner. Because advance notice to the property owner and any onsite personn el, 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 non

participating 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 le tter 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 F AA 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 low

altitude 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 operat ed 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 fro m 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 w ill 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 the se 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 th e 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.10

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 propo sed 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 altitu de. 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 ov er 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, t he 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.

CONCLUSION11

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 consid erations - 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 appro val. 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. Sen sefly eBee

J. Stark Aerospace ArrowLite

K. Trimble UX5

L. Trimble ZX5