SkyWorks360, LLC • 954 Elsborn Ridge Road, Maryville, Tennessee 37801-9323 • (865) 661-7656 • (865) 368-3893

August 3, 2015

U.S. Department of Transportation

Docket Operations

West Building Ground Floor

Room W12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590-0001

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal

Aviation Regulations

To Whom It May Concern:

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

11, SkyWorks360, LLC, owner and operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct

commercial aerial photography and videography, seeks an exemption from the listed Federal Aviation

Regulations (FARs) to allow commercial operation of its sUAS for the purpose of aerial photography, tower

inspection, real estate marketing, surveying, agricultural mapping, and other flight operations that could be

performed safely and more cost effectively than a traditional manned aircraft.

The requested exemption would support an application for a commercial Certificate of Authorization to use

the above described UAS to support aerial photography and video primarily of real property. The UAS,

powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible

fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and

thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and

maximum flight time of only 24 minutes, this is offers little or no risk to national security. Low level oblique

photos and video from several angles are far more effective than ground-based imagery for displaying the

characteristics of large, complex properties with several buildings and large trees. Helicopters can be used, but

they are more expensive to and not able to fly as low. The benefits of reduced cost and improved quality of

presentation from the UA will be valuable to and benefit many buyers and sellers of real property.

Additionally, we request that we be allowed to use our system to benefit first responders nearby who might

require assistance, including fire fighters, the police, the sheriff, FEMA, et al., while remaining subject to all

limitations cited in this application as we do so.

Applicant:

SkyWorks360, LLC

Britt A. Tucker & Ray Davis Tidwell, III (owners)

954 Elsborn Ridge Road

Maryville, Tennessee 37801-9323

(865) 661-7656 / (865) 368-3893
SkyWorks360, LLC • 954 Elsborn Ridge Road, Maryville, Tennessee 37801-9323 • (865) 661-7656 • (865) 368-3893

SkyWorks360, LLC Operations

The sUAS

The aircraft to be used with this exemption is a DJI Phantom 3 Professional quadcopter. This UAS has been

engineered and is considered a professional class UAS compared to other consumer brand UASs. It has a

maximum take off weight of about 3 lbs and a max speed of 30 knots. It is controlled via remote control

operating on a digital 2.4ghz signal. Because this is a digital signal and not analog, interference from other

2.4ghz signals would not pose a safety risk or loss of aircraft control. This particular UAS has a realtime HUD

camera installed as well as providing real time telemetry information from the UAS itself while in flight.

DJI Phantom 3 Professional User Manual v1.2:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

DJI Phantom 3 Professional Quick Start Guide:

http://download.djiinnovations.com/downloads/phantom_3/fr/Phantom_3_Professional_Quick_Start_Guide_fr.pdf

DJI Phantom 3 Safety Guidelines and Disclaimer:

http://download.dji-innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf

DJI Phantom 3 Professional Release Notes:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Release_Note_en_0804.pdf

DJI Phantom Pilot Training Guide:

http://download.dji-innovations.com/downloads/phantom-2-

vision/en/Phantom_2_Vision_Pilot_Training_Guide_en.pdf

Pre-Flight Checklist:

Check the Intelligent Flight Battery, Range Extender, Remote Controller and your mobile device. Check that all

batteries are fully charged and for battery swelling or damage. (Press the power button on the Intelligent

Flight Battery once to check its current charge).

Inspect propellers, gimbal, camera, and remote controller.

Remove lens cap and gimbal clamp.

Make sure S1 & S2 switches are both in position 1 (most upward position).

Calibrate the Phantom’s compass for GPS.

Set Phantom on a flat surface, camera pointing away from pilot

Ensure Home Point has been achieved by checking the VISION app for at least 6 GPS satellites.
SkyWorks360, LLC • 954 Elsborn Ridge Road, Maryville, Tennessee 37801-9323 • (865) 661-7656 • (865) 368-3893

Regulations from which the exemption is requested:

14 CFR 21, Subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b) and 14 CFR 61.133 (a)

14 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.103 (b)(2)

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a)(1)

14 CFR 91.409 (a)(1) & (a)(2)

14 CFR 91.417 (a) & (b)

14 CFR 21, Subpart H – In consideration of the size, weight, speed, and limited operating area associated with

this UAS and its operation, SkyWorks360, LLC, requests relief from 14 CFR part 21, Subpart H, and any

associated noise certification and testing requirements of part 36. The UAS will carry neither pilot, passenger,

explosive materials nor flammable liquids.

14 CFR 45.23 (b) – Even through the UAS will have no airworthiness certificate, an exemption may be needed

as the UAS will have not entrance to the cabin, cockpit, or pilot station on which the word “experimental” can

be placed. Given the size of the UAS, two-inch lettering will be impossible. The word “experimental” will be

placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having

the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with

the UAS will see the identification of the UAS as "experimental."

14 CFR 61.113 (a) & (b) and 14 CFR 61.133 (a) - Since the UAS will not carry a pilot or passengers SkyWorks360,

LLC., requests a relief from these regulations. Any pilot in command or (PIC) operating the UAS will hold a

Sport Pilot (or greater) certificate. A visual observer or (VO) will be utilized and required to communicate

verbally at all times. The UAS will be limited to operations within visual distance of both the PIC and VO. All

UAS operations will take place in a controlled area. The risks associated with the use of a UAS are far less than

similar commercial aircraft operations.

14 CFR 91.7 (a) - Since the UAS will not carry a pilot or passengers there will be no airworthiness certificate

issued for the aircraft, should this exemption be granted, no FAA regulatory standard exists for determining

airworthiness. Given the size of the aircraft, maintenance, and use of safety checklist prior to each flight, an

equivalent level of safety will be provided. All flights will be in accordance with the safety and maintenance

recommendations found in the DJI Phantom 3 Pro attachments.

14 CFR 91.9 (b)(2) - - Given the size and configuration, the UAS has no ability to carry a flight manual on the

aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An equivalent levelof
SkyWorks360, LLC • 954 Elsborn Ridge Road, Maryville, Tennessee 37801-9323 • (865) 661-7656 • (865) 368-3893

safety will be maintained by keeping the flight manual at the ground station where the UAS pilot will have

immediate access to it.

14 CFR 91.103 (b)(2) - As no FAA approved flight manuals will be provided for the aircraft an exemption is

needed. Alternate procedures including but not limited to reviewing weather conditions, checking flight

battery requirements, checking takeoff and landing distances along with those found in the attached "DJI Pilot

Training" will be implemented. These actions will provide an equivalent or higher level of safety.

14 CFR 91.109 - UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is

achieved through the use of a control box that communicates with the aircraft via radio communications. An

equivalent level of safety will be achieved using the real time ground station data and given the UAS will carry

neither a pilot or passengers.

14 CFR 91.119 (c) - The UAS will never be operated at an altitude higher than 400 feet AGL. The UAS will

operate in safe areas away from public and traffic and only with permission of the property and structure

owners. The UAS will also be restricted by the flight controller to a maximum vertical height of 400 feet AGL,

and 1500 feet horizontal. Given the size, weight, maneuverability and speed of the UAS, an equivalent or

higher level of safety will be achieved.

14 CFR 91.121 - - As the UAS may not have a barometric altimeter, but instead a GPS barometric sensor for

altitude information an exemption may be required. An equivalent level of safety will be achieved using a

ground station which links to a telemetry data link. This will provide the pilot with live flight data monitoring,

confirming the altitude of the launch site shown on the GPS altitude indicator prior to flight.

14 CFR 91.151 (a) - - The UAS has a limited range and will be limited to operations in a controlled environment.

The battery power the U AS provides approximately 23 minutes of flight time. The UAS is unable to meet the

30 minute reserve requirement and therefore requires an exemption. An equivalent level of safety will be

achieved by monitoring the battery through the ground station and landing with a minimum of 25 percent

battery power remaining.

14 CFR 91.203 (a) & (b) - Given the size and configuration, the UAS has no ability to carry a flight manual on

the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An equivalent

level of safety will be maintained by keeping the flight manual at the ground station where the UAS pilot will

have immediate access to it.

Given the following sections only apply to aircraft with an airworthiness certificate, these sections do not

apply to this applicant. As a safety precaution, the operator will perform preflight inspections and ensure UAS

is in working condition before initiating each flight:

 14 CFR 91.405 (a)

 14 CFR 91.407 (a)(1)

 14 CFR 91.409 (a)(1) & (a)(2)

 14 CFR 91.417 (a) & (b)
SkyWorks360, LLC • 954 Elsborn Ridge Road, Maryville, Tennessee 37801-9323 • (865) 661-7656 • (865) 368-3893

Equivalent Level of Safety

In addition to the safety standards mentioned above the UAS will adhere to the following additional

guidelines:

1. No flight will be made with a UA Gross weight exceeding 55 pounds

2. The UAS will not be operated within 5 miles of an airport unless prior contact to Air Traffic Control has

been established.

3. All required permits will be obtained from state and local government prior to operation;

4. Flights will not exceed the an airspeed of 57 mph (50 knots)

5. Flights will be operated at or below an altitude never exceeding 400 feet AGL.

6. The PIC and VO will communicate verbally at all times.

7. All operations will be restricted to day only and weather conditions equivalent to visual flight rules.

8. The UAS will land with a minimum 25 percent battery reserve remaining.

9. The UAS will only be piloted within visual line of sight.

10. The sUAS pilot will be trained in flight, operations, and safety procedures as detailed in the sUAS

systems manuals. Pilot will have been trained in operation of sUAS generally and received up-to-date

information in the particular sUAS to be operated as required by the sUAS systems manuals.

11. The UAS will utilize an internal flight safety feature that will return to a pre-programmed position and

land if communication with the remote control is lost.

12. Preflight inspections and protocol will be followed prior to all operations.

13. The UAS will abort flight in the event of unpredictable obstacles or emergencies.

We submit that the combination of the UA's light weight, flight performance and ability, fully qualified flight

crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions (a)

through (o) listed above, the FAA can have full confidence that the operation will have an equivalent or

greater level of safety than manned aircraft performing the same mission

Public Interest

We believe the use of a UAS in lieu of a manned aircraft would enhance safety and reduce the environmental

impact compared to similar operations conducted with a manned aircraft carrying a crew and flammable fuel.

The inspections of cellular communication towers or similar structures will eliminate the risks associated with

persons attempting to climb these structures. The photographs and video collected will provide engineers

with valuable information as to the safety of these structures. The use of a UAS in the real estate industry

provides both the buyer and seller with a higher level of marketing and service. The UAS is able to provide a

view which encompasses the entire property in a single photo or short video clip. When compared to similar

operations, utilizing a UAS poses much less of a safety concern for the general public with less fuel, time, noise

and other resources.

Privacy

All flights will occur over private or controlled areas with the owner's consent. Capturing people in images will

rarely occur. If a person is captured in a collected image they will have consented prior to filming or otherwise

have agreed to be in the area prior to the filming taking place.
SkyWorks360, LLC • 954 Elsborn Ridge Road, Maryville, Tennessee 37801-9323 • (865) 661-7656 • (865) 368-3893

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of

safety. Please contact us at any time if you require additional information or clarification. We look forward to

working with your office.

Sincerely,

Britt Tucker, Owner – SkyWorks360, LLC.

Ray Davis Tidwell, III, Owner – SkyWorks360, LLC.

Contact Information:

SkyWorks360, LLC

954 Elsborn Ridge Road

Maryville, Tennessee 37801-9323

Email: skyworks360@gmail.com

(865) 661-7656 or (865) 368-3893