Sky360 Media, Kevin McKnight, 333 Exemption Petition 1

PETITION FOR SECTION 333 EXEMPTION – Sky360 Media

August 31, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Petition of Sky360 Media for Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 

14 C.F.R. Part 11, Sky360 Media hereby applies for an exemption from the Federal Aviation 

Regulations (“FARs”) identified below, to allow civil operation of small unmanned aerial 

systems (“sUAS” or “UAS”) as part of daily business operations. 

TABLE OF CONTENTS

I. Description of Petitioner 

II. Description of Proposed Operation 

III. Sky360 Media Proposed UAS Operations Meet the Requirements of Section 333 

a. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational 

Capability

b. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

included UAS Standard Operating Guide 

IV. Regulations From Which Exemption is Sought 

a. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

b. 14 C.F.R. Part 27: Airworthiness Standards for Normal Category Rotorcraft 

c. 14 C.F.R. §§ 45.23(b) and 45.27(a): Marking of the Aircraft 

d. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

e. 14 C.F.R. §§ 91.9(b)(2), 91.203(a) and (b): Civil Aircraft Flight Manual in the 

Aircraft 2 

f. 14 C.F.R. § 91.103: Preflight Actions 

g. 14 C.F.R. § 91.109(a): Flight Instruction 

h. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

i. 14 C.F.R. § 91.121: Altimeter Settings 

j. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

k. 14 C.F.R. § 91.405, 91.407, 91.409, 91.417: Maintenance and Inspections 

l. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges 

and Limitations 

V. Public Interest 

VI. Privacy

VII. Federal Register Summary 

VIII. APPENDIX A: Sky360 Media UAS Standard Operating Guide 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 2

I.Description of Petitioner

Sky360 Media, is owned by Kevin Brent McKnight. Kevin McKnight is a professional 

Pilot with an Airline Transport Pilot certificate and is a Certified Flight Instructor with 25 

years of flying experience. All UAV operations will be in accordance with 

Sky360Media's Standard Operating Procedures (SOPs) or as established by the FAA. 

In accordance with 14 C.F.R. § 11.81(a), Sky360 Media provides the following 

information in support of its Petition for Exemption. 

Name and Address for Petitioner: 

Sky360 Media

Attn: Kevin McKnight

112 Sagewood Rd

Jamestown, NC 27282

Sky360media@gmail.com

336-601-3945

Point of contact for this Petition and specific contact information is as follows: 

Kevin McKnight

Owner

112 Sagewood Rd

Jamestown, NC 27282

II. Description of Proposed Operation

Sky360 Media proposes to conduct the operation of a UAS, specifically the DJI Phantom 

3 Professional, within the parameters of providing residential and commercial aerial 

photography and videography, such as 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 Pilot in Command (“PIC”) for each operation will, at a minimum, be Kevin 

McKnight. Sky360 Media has adopted and incorporated many of the AMA’s UAS Safety 

Code (the “Code”) and Operating Guide’s (the “Guide”) procedures into its own safety 

code and guide, which sets forth the mandatory standard operating procedures for its 

proposed UAS operations as detailed herein. The exception would be the location of 

operations that will take place at private residences with the authorization of the owner 

and not on property leased or owned by the AMA. These procedures provide a baseline to 

ensure that the Phantom 3 Professional pilot possess sufficient knowledge of both 

airspace and the technology to operate safely in the National Airspace System (“NAS”). 

Any other assistant or photographer will operate with Sky360 Media as the PIC in each 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 3

operation and will meet the standards specified in the Guide, as well as any other 

additional requirement the FAA requires under this application. 

III. Proposed UAS Operations Meet the Requirements of Section 333

Proposed operations in this Petition for Exemption qualify for expedited approval 

pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant 

factors are satisfied. 

a. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and 

Operational Capability

Sky360 Media will employ the DJI Phantom 3 Professional for the operations 

described in this Petition for Exemption. The UAS is classified as a small drone or 

hobby craft and is lawfully used for recreational operations. The DJI Phantom 3 

Professional has a maximum take-off weight of less than 5 pounds. The flight speed 

is limited to a maximum of 30 mph and it will not be flown at an altitude that exceeds 

200 feet AGL. All flights will be managed in such a way that they can be safely

terminated with a reserve battery power of 25% of the battery's maximum charge. 

The DJI Phantom 3 Professional does not carry any flammable propellant or fuel. It 

also has an integrated GPS system that calculates the UAS's position and height and 

relays that information via a secure connection to the operator. Through use of this 

GPS system and the installed firmware, the user is able to set maximum height and 

radius in relation to a pre-determined home point, restricting flight to a zone that is 

both approved by the FAA and the owner of the property being photographed. 

Additionally, the UAS contains a failsafe mode if its connection to the remote control 

is lost, and this system permits the UAS to return to a predetermined location and 

land without injury or damage. 

b. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

UAS Standard Operating Guide

The DJI Phantom 3 Professional’s User Manual contains all of the procedures and 

limitations necessary to successfully perform the operations specified in this Petition 

for Exemption. To assist the FAA in making a safety assessment of Sky360 Media’s

proposed operations, below is a summary of operational limitations and conditions 

which will ensure an equivalent or higher level of safety to operations conducted 

under current regulatory guidelines: 

1. The DJI Phantom 3 Professional weighs less than 5 pounds

2. Flights will be operated within the VLOS of the PIC and or an observer, at a 

minimum. 

3. Maximum total flight time for each operational flight will be limited to 25% 

reserve battery power remaining. 

4. Flights will be operated at an altitude of no more than 200 feet AGL. 

5. All operations will be conducted in class G airspace. 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 4

6. Flights will be restricted to pre-determined areas of the owner/clients property, 

which will always be located outside of 5-mile radius from an airport of any size or 

the necessary NOTAM will be filed for safe operation in advance of operations. 

7. Flight zones will be located at the maximum distance away from persons, inhabited 

structures, and vehicles that is possible given the layout of the property. The flight 

zone in which operations occurs will be assigned based on the real time traffic, 

activities, and weather conditions. 

8. Flights will be limited to a speed of 30 mph and vertical ascent will be limited to 

15 mph.

9. The UAS will be operated and maintained in accordance with the requirements of 

the DJI Phantom 3 Professional User Manual and any manufacturer Safety Bulletins. 

10. Prior to the operation, the flights will be fully preplanned and briefed, including 

possible contingencies and emergency procedures. 

11. The UAS will have the capability to abort flight in the case of unpredicted 

obstacles or emergencies. 

12. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies. 

13. All UAS operations will occur in daylight, Visual Flight Rules ("VFR") 

conditions. Instrument flight rules flights are prohibited and no flights will occur at 

night, or in adverse weather conditions. 

14. The UAS will be controlled by the DJI Phantom 3 Professional Remote Control 

System and the radio frequency spectrum used for operation and control of the UA 

shall comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements. 

IV. Regulations From Which Exemption is Sought

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is 

defined under § 40101 of the Act, including UASs, from its safety regulations and 

minimum standards when the Administrator decides a requested exemption is in the 

public interest. Sky360 Media seeks an exemption from several interrelated 

provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the 

requested operations using UAS. Listed below are: (1) the specific sections of 14 

C.F.R. for which exemption is sought, and; (2) reasons why the exemption would not 

adversely affect safety or provide a level of safety equivalent to the rule, including 

any operating procedures and safeguards that Sky360 Media has adopted which will 

ensure a level of safety better than or equal to the rules from which exemption is 

sought. 

a. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Part 21 Subpart H prescribes procedural requirements for the issue of 

airworthiness certificates. Sky360 Media requests exemption from this subpart to 

operate the DJI Phantom 3 Professional without the requirement for an 

airworthiness certificate. Based on the proposed UAS being limited in size, 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 5

weight, speed, operating capabilities, and operating within VLOS, Sky360 Media

believes that an airworthiness certificate is not necessary to ensure an equivalent 

level of safety to manned aircraft operations. 

Equivalent Level of Safety 

The UAS indicated is safe when taking into account its size, weight, speed, and 

operational capability. As set forth above, the DJI Phantom 3 Professional weighs

less than 5 pounds and will be flown at no more than 30 mph and completely

outside controlled airspace. Additionally, neither craft carries pilots nor 

passengers, carries no explosive materials and or flammable liquid fuels, and 

operates exclusively within the parameters stated in the Guide. 

Operations conducted under this exemption will be closely controlled and 

monitored by the PIC and will be conducted in compliance with local public 

safety requirements, to provide security for the area of operation. In all cases, the 

UAS operated under the proposed conditions, will be at least as safe as, or safer 

than conventional rotorcraft operating with an airworthiness certificate without 

the restrictions and conditions of the proposed UAS operations. 

Further, the DJI Phantom 3 Professional does not need a means to communicate 

with other aircraft or ATC, because those capabilities will be possessed by the 

PIC and Observer, who are not onboard the UAS. See Grant of Exemption, 

Docket FAA-2014-0352 at 13. In addition, the UAS will be operated at all times 

in visual line-of-sight and in VFR conditions. Id.

b. 14 C.F.R. Part 27: Airworthiness Standards for Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent Sky360 Media UAS 

would otherwise require certification under Part 27, it seeks an exemption from 

Part 27's airworthiness standards for the same reasons identified in the request for 

exemption from 14 C.F.R. Part 21, Subpart H. 

c. 14 C.F.R. §§ 45.23(b) and 45.27(a): Marking of the Aircraft

Sky360 Media seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. §§ 45.23(b) and 45.27(a). 

14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft 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 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 6

not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport, "experimental," or "provisional," as applicable. 

14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the DJI Phantom 3 Professional is by definition “unmanned” and so has 

no entrance to a cabin, cockpit, or pilot station on which the above stated words 

can be placed. Given the size of the UAV, two-inch lettering may be impossible. 

The word “Exempt” can be placed on the fuselage in compliance with 14 C.F.R. § 

45.29(f). 

Equivalent Level of Safety

The equivalent level of safety will be provided by having the DJI Phantom 3 

Professional marked on its fuselage as required by 14 C.F.R. § 45.29(f) where the 

pilot, observer and others working with the UAS will see the identification of the 

DJI Phantom 3 Professional as “Exempt” if so desired. The FAA has issued the 

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 

and 10167A. 

d. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the 

aircraft, should this exemption be granted, no FAA regulatory standard will exist 

for determining airworthiness. Given the size of the DJI Phantom 3 Professional

the description of proposed operations above, an equivalent level of safety will be 

provided. 

e. 14 C.F.R. §§ 91.9(b)(2), 91.203(a) and (b): Civil Aircraft Flight Manual in the 

Aircraft

14 C.F.R. § 91.9(b)(2) states: 

(b) No person may operate a U.S.-registered civil aircraft 

... 

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of 

this chapter, 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. 

14 C.F.R. § 91.203(a) and (b) state: 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 7

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate... 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued under § 

91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew. 

Given the small size and configuration of the DJI Phantom 3 Professional, it 

would be impossible to keep airworthiness documents and other aircraft manuals on 

board the UAS because there is simply no room. Also the UAS has no cabin or cockpit. 

Equivalent Level of Safety

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 operating 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 be ensuring that the pilot has access to the documents at the ground 

control station or point of control from which he or she is piloting the DJI Phantom 3 

Professional. 

f. 14 C.F.R. § 91.103: Preflight Actions

This regulation requires each pilot in command to take certain actions before 

flight to ensure the safety of flight. As FAA approved flight manuals will not be 

provided for the aircraft an exemption will be needed. 

Equivalent Level of Safety

An equivalent level of safety will be provided through the PIC following the 

procedures set forth in the Guide and Manufacturer’s User Manual. The PIC will 

take all actions including reviewing weather, flight battery requirements, landing 

and takeoff distances and aircraft performance data before initiation of flight. The 

PIC will account for all relevant site-specific conditions in the preflight 

procedures. The FAA has granted exemption from this regulation to other small 

UAS operators. See Exemption No. 11109. 

Additionally, the PIC, Kevin McKnight, also being a licensed pilot, understands 

the importance of being prepared to fly as an airman and will always adhere to the 

same IAMSAFE checklist followed when flying manned aircraft. 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 8

g. 14 C.F.R. § 91.109(a): Flight Instruction

Sky360 Media seeks an exemption from flight instruction requirements contained 

within 14 C.F.R. § 91.109(a). This section provides that 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. 

Equivalent Safety Protocol

For student training purposes the PIC and student may use a "buddy box" system

that utilizes two transmitters when applicable. The transmitter of the student is 

connected by a trainer cable to another transmitter (master transmitter) controlled 

by the PIC instructor. The PIC Instructor is able to control the UAS with his or 

her transmitter then flip a switch to turn control over to the student and flip the 

switch again to reclaim control. In this way, the PIC Instructor can easily 

demonstrate how to fly the UAS or rescue the UAS if the student makes a poor 

aeronautical decision without passing the same transmitter back and forth to 

preserve safety to the NAS and manned aircraft operations. 

Given the size and speed of the UAS that Sky360 Media intends to use, an 

equivalent level of safe training can still be performed without dual controls 

because no pilot or passengers are aboard the UAS, and as required by the Guide, 

all persons will be a safe distance away in the event that any difficulties during 

flight instruction occurs. 

Moreover, Petitioner will conduct training in a controlled and sterile environment. 

As required by the Guide, training and instruction will be conducted in a sterile

area on property that is owned and controlled by Sky360 Media. These facilities 

will not be open to the public during UAS operations, and access will be restricted 

to authorized business personnel involved with the company. 

h. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Sky360 Media requests an exemption from the minimum safe altitude 

requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe 

altitudes under which aircraft may not operate, including 500 feet above the 

surface and away from any person, vessel, vehicle, or structure in non-congested 

areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to 

operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person 

operating the helicopter complies with any routes or altitudes specifically

prescribed for helicopters by the FAA." 

An exemption is required because the proposed UAS operations will occur at 

under 200 feet AGL. Further, while the DJI Phantom 3 Professional will never be 

flown in or over congested areas, due to the nature and location of the proposed 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 9

operations, the PIC, Observer(s), Instructors and/or Students may at times be less 

than 200 feet away from the UAS. 

Equivalent Safety Protocol

Compared to flight operations with rotorcraft weighing far more than the 

maximum weights proposed herein, and given the lack of flammable fuel onboard 

the DJI Phantom 3 Professional, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. An equivalent level 

of safety will be achieved given the size, weight, and 10 speed of the DJI 

Phantom 3 Professional, as well as the controlled and sterile location where the 

operations will occur. In order to avoid any risk to manned aircraft, flight 

operations will be restricted to 200 feet AGL or below. As set forth in the Guide, 

the DJI Phantom 3 Professional flight height and radius restrictions will be set 

according to each operator’s level of experience which will be judged by the PIC. 

The DJI Phantom 3 Professional will be operated in an area that is owned by the 

client and closed to the public when in use. These restrictions will ensure that the 

proposed UAS operations are performed in a manner that protects the safety of 

participants, nonparticipants, the UAS, and other property. 

i. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a 

person operating an aircraft to maintain cruising altitude or flight level by 

reference to an altimeter that is set to the elevation of the departure airport or 

barometric pressure. An exemption is required to the extent that the DJI Phantom 

3 Professional does not have a barometric altimeter, but rather a GPS altitude read 

out. 

Equivalent Safety Protocol

The Guide requires compass calibration prior to each operation of the DJI 

Phantom 3 Professional to ensure the GPS functions correctly. The DJI Phantom 

3 Professional User Manuel contains instructions for achieving this and the 

manufacturer, DJI, will provide additional support if necessary. 

j. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Sky360 Media requests an exemption from 14 CFR § 91.151(a)'s fuel 

requirements for flight in VFR conditions. Section 91.151 states: 

(a) 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 –

i. During the day, to fly after that for at least 25 minutes; or 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 10

ii. At night, to fly after that for at least 45 minutes. 

Here, the technological limitations on the energy capabilities of the Intelligent 

Flight Battery (PH3-4480mAh-15.2V) used in the DJI Phantom 3 Professional means that 

no meaningful flight operations can be conducted with the DJI Phantom 3 Professional

while still maintaining a 30-minute battery reserve. An exemption from the fuel 

requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Equivalent Safety Protocol

The battery powering the DJI Phantom 3 Professional provides approximately 25 

minutes of flight time. Training operations will be limited to a minimum voltage to 

ensure appropriate reserve battery to maintain an equivalent level of safety at all times. 

The UAS will notify the operator when they are approaching and they are required to 

land at their home point and either switch out the battery or pause operations for 

recharging. If both the operator and PIC fail to land the UAS prior to the allotted 

minimum voltage, the UAS will autonomously return to its original launch position. 

k. 14 C.F.R. §§ 91.405, 91.407, 91.409, 91.417: Maintenance and Inspections

Sky360 Media seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R., sections 91.405, 91.407, 91.409, and 91.417. These rules 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 

"[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections ...have discrepancies repaired as described in part 

43 of this chapter.”) Exemption from these rules is requested because these 

sections of Title 14 require the aircraft to be maintained and inspected in 

accordance with Part 43, which only applies to aircraft with an airworthiness 

certificate. Therefore, based on the exemptions sought, these sections do not apply

to Sky360 Media proposed UAS operations. 

Equivalent Safety Protocol

Maintenance will be accomplished by authorized operators, staff, and/or 

contracted labor pursuant to the Guide and the Manufacturer’s User Manual. An 

equivalent level of safety will be achieved because a UAS like the DJI Phantom 3 

Professional or like craft and its platform are very limited in size, will carry a 

small payload, and will operate only in defined areas for limited periods of time. 

If mechanical issues arise the DJI Phantom 3 Professional will be able to land 

immediately on property owned by the client and or owner of the craft to receive 

immediate maintenance. As provided in the Guide and Manufacturer’s User 

Manual, the operator will ensure that the UAS is in working order prior to 

initiating flight, perform required maintenance, and will keep a log of any 

maintenance performed. 
Sky360 Media, Kevin McKnight, 333 Exemption Petition 11

l. 14 C.F.R. Part 61, 14 C.F.R. §§ 61.3, 61.113: Private Pilot Privileges and 

Limitations

Sky360 Media will serve as the PIC for all flight operations and the 

instructor/coinstructor of any course including an element of drone flight. This 

should qualify persons with a private pilot’s certificate, among other 

qualifications, to instruct drone operation education when necessary. However, as 

is the nature of the proposed operations, introductory flight instruction using the 

DJI Phantom 3 Professional UAS will be provided to staff who will likely not 

have a private, or any type of, pilot’s license. Accordingly, Sky360 Media seeks 

exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these 

regulations are interpreted as requiring a student receiving UAS operation 

instruction to have a private pilot's certificate. All student instruction flights will 

be conducted under closely controlled circumstances, outside of navigable 

airspace and away from persons or property not involved in the instruction. In

addition, the student instruction flights will be conducted under the close 

supervision of an instructor acting as PIC. 

In addition, to the extent that Sky360 Media may be employing persons with a 

private pilot’s license to operate its UAS, an exemption is also sought from 14 

C.F.R § 61.113, which restricts private pilot certificate holders from flying 

aircraft for compensation or hire, and which would also require a second class 

medical certificate. The purpose of this section is to ensure the skill and 

competency of any PIC where the aircraft is carrying passengers or cargo for hire. 

In this case, while instructors acting as PIC during UAS operations will be doing 

so for educational purposes as part of Sky360 Media staff, the DJI Phantom 3 

Professional or like craft carries neither passengers nor cargo. Moreover, in the 

Astraeus Aerial Grant of Exemption (FAA Docket No. FAA-2014-0352), the 

FAA determined that the unique characteristics of UAS operation outside of 

controlled airspace did not warrant the additional cost and restrictions attendant 

with requiring the PIC to have a Commercial Pilot Certificate and Class I or II 

Medical Certificate. 

Equivalent Level of Safety

Sky360 Media will ensure an equivalent level of safety to the regulatory

requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by

following the safety procedures provided in the Guide. In addition to training and 

experience requirements and limitations, Sky360 Media has placed additional 

restrictions on its proposed UAS operations to ensure an extra margin of safety. 

The UAS will only operate in a controlled and sterile area away from persons and 

property not involved in the operation. It will be flown based on VLOS at no 

more than 200 feet AGL. Collectively, these procedures ensure that the proposed 

UAS operations can be conducted safely. 

V. Public Interest
Sky360 Media, Kevin McKnight, 333 Exemption Petition 12

Because the technology to provide photographs and videography that can better 

facilitate clients’ needs to a degree that is not possible from traditional 

photography the public will be well served by offering aerial photographs and 

video that can better produce the desired results. Some of which include the 

depiction of the beauty and aesthetics of a property for marketing purposes or the 

location of a property to surrounding adverse conditions that may affect the 

various decision processes. 

VI. Privacy 

All of Sky360 Media UAS operations shall be conducted in accordance with 

applicable federal, state, or local laws regarding privacy. Sky360 Media will not 

conduct flight operations over property that it does not own or control without the 

prior consent and knowledge of the property owner. Moreover, Sky360 Media

will not capture or use images from restricted areas requiring privacy and or 

confidentiality under any circumstance. This does not mean, however, that images 

may not be taken that are permitted by law and do not require a level of privacy

that is an exception to the norm. 

VII. Federal Register Summary

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: 

Petitioner seeks an exemption from the following sections in Title 14 of the Code 

of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.113; 91.7(a); 91.9(b)(2); 

91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property owners by 

(a) ensuring that the operations of the UAS described above are recognized by the FAA in the 

form of an exemption (b) how to safely operate small UAS in furtherance of career objectives 

and to the benefit of public safety while providing a valuable photography and videography 

service by Sky360 Media to provide flight operations that can be performed safely and more cost 

effectively than a traditional manned aircraft. 

Sincerely, 

Kevin McKnight
Sky360 Media, Kevin McKnight, 333 Exemption Petition 13

Sky360 Media

112 Sagewood Rd

Jamestown, NC 27282
Sky360 Media, Kevin McKnight, 333 Exemption Petition 14

APPENDIX A

Sky360 Media UAS Standard Operating Guide

▫ Any UAS in operation must weigh less than 55 pounds at its maximum take-off weight. 

▫ Flights will be operated within the VLOS of the PIC and an observer, at a minimum. 

▫ Maximum total flight time for each operational flight will be limited to 25% reserve battery

power remaining. 

▫ Flights will be operated at an altitude of no more than 200 feet AGL. 

▫ Radius and altitude limitations will be set according to an assessment of the experience level of 

the operator for each flight. 

▫ All operations will be conducted in class G airspace. 

▫ Flights will be restricted to pre-determined areas of the client/owners property. 

▫ Flight zones will be located at the maximum distance away from persons, inhabited structures, 

and vehicles that is possible given the layout of the property. The flight zone in which operations 

occurs will be assigned based on surface and air traffic, activities, and weather conditions. 

▫ Flights will be limited to a speed of 30 mph and vertical ascent will be limited to 15 mph.

▫ The UAS will be operated and maintained in accordance with the requirements of the DJI 

Phantom 3 Professional User Manual and any manufacturer Safety Bulletins. 

▫ Prior to the operation, the flights will be fully preplanned and briefed, including possible 

contingencies and emergency procedures. 

▫ The UAS will have the capability to abort flight in the case of unpredicted obstacles or 

emergencies. 

▫ All required permissions, NOTAM’s and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire or other appropriate governmental 

agencies. 

▫ All UAS operations will occur in daylight, Visual Flight Rules ("VFR") conditions. Instrument 

flight rules flights are prohibited and no flights will occur at night, or in adverse weather 

conditions. 

▫ The UAS will be controlled by the DJI Phantom 3 Professional Remote Control System or like 

system and the radio frequency spectrum used for operation and control of the UA shall comply 

with the Federal Communications Commission ("FCC") or other appropriate government 

oversight agency requirements.