March	9,	2016

Attn:

U.	S.	Department	of	Transportation	Docket	Operations

West	Building	Ground	Floor,	Room	w12-140

1200	New	Jersey	Ave,	SE	

Washington,	DC	20590

Re:	Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	

11	of	the	Federal	Aviation	Regulations	from:	14	CFR	21	subpart	H;	14	CFR	

45.23(b);	14	CFR	61.113(a);	14	CFR	91.7(a);	14	CFR	91.9(b)(2);	14	CFR	91.103;	14	

CFR	91.109;	14	CFR	91.119(c);	14	CFR	91.121;	14	CFR	91.151(a);	14	CFR	91.203	(a)	

and	(b);	14	CFR	91.405	(a);	14	CFR	91.407	(a)	(1)	14	CFR	91.409	(a)(1)	and	(2);	14	

CFR	91.417(a)	and	(b)

PETITIONER:

Damon	Hoydysh,	President

Highline	Studios,	Inc.

8842	Hollywood	Blvd

Los	Angeles,	CA	90069

424.245.4031

damon@highlinestudios.com
2

Dear	Sir	or	Madam:	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	“Reform	Act”)	and	14	

CFR	Part	11,	Burger	Media,	Inc.,	operator	of	Small	Unmanned	Aircraft	Systems	(“sUAS”),	hereby	applies	

for	an	exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	of	

its	sUAS	to	perform	aerial	data	collection	and	closed	set	motion	picture	and	filming,	so	long	as	such	

operations	are	conducted	within	and	under	the	conditions	outlined	herein	or	as	my	be	established	by	

the	FAA	as	required	by	Section	333.	

Commercial	operation	sUAS,	as	described	herein,	which	are	equipped	with	cameras	and	sensors,	would	

operate	in	the	following	manner:

1.	Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	estate,	architecture,	

land	surveying,	engineering	and	other	related	professional	activities.	

2.	Aerial	video	and/or	photography	for	public	and/or	private	use	including	television,	public	events,	

cinematography	and	newsgathering.	

3.	Aerial	inspection/photography	of	residential/commercial	structures	under	contract	with	the	

owners	or	local	government	authority.	

4.	Aerial	video/photography	or	providing	live	video	feed	to	assist	with	search	and	rescue	operations	

in	cases	of	an	emergency	or	natural	disaster	only	when	the	local	authorities	or	government	has	

requested	it	by	contract	or	donation.	

5.	The	ability	to	offer	training	to	persons	individually	or	belonging	to	both	private	and/or	public	

organizations	that	have	interests	in	the	use	and	application	of	sUAS	for	the	purpose	of	the	safe	

operation	of	sUAS	to	enhance	the	safety	of	the	National	Airspace	System	(NAS)	as	well	as	for	the	

protection	of	the	persons	and	property.

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	sUAS	under	

controlled	conditions	in	the	NAS	that	would	be	a)	limited	b)	controlled	c)	predetermined	and	d)	will	

provide	safety	enhancements	to	the	already	safe	operations	in	the	industry	presently	using	conventional	

aircraft.	Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	

Transportation’s	(the	FAA	Administrator’s)	responsibilities	to	“...establish	requirements	for	the	safe	

operation	of	such	aircraft	systems	in	the	national	airspace	system.”	

The	name	and	address	of	the	applicant	is:

Damon	Hoydysh,	President

Highline	Studios,	Inc.

8842	Hollywood	Blvd

Los	Angeles,	CA	90069

424.245.4031

damon@highlinestudios.com
3

Regulations	from	which	the	exemption	is	requested:	

14	CFR	Part	21	subpart	H	

14	CFR	45.23	(b)	

14	CFR	61.113	(a)	

14	CFR	91.7	(a)	

14	CFR	91.9	(b)	(2)	

14	CFR	91.103	

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)	(2)	

14	CFR	91.417	(a)	&	(b)

The	sUAS	are	multi-rotor	craft	weighing	no	more	than	55lbs.	including	payload.	Under	normal	conditions	

they	operate	at	speeds	of	no	more	than	50kts	and	have	the	ability	hover	and	move	along	a	vertical	and	

horizontal	plane	simultaneously.	They	will	operate	in	line	of	sight	and	will	operate	within	a	closed	off	

and	predetermined	area.	

Given	the	small	size	of	the	sUAS	and	the	controlled	environment	provided,	the	proposed	operations	will	

adhere	to	the	Reform	Act’s	safety	requirements.	The	approval	of	this	application	presents	no	national	

security	issues.	The	proposed	operations	are	intended	to increase	public safety by	keeping	sUAS’s	away	

from	human	activity	and	not	interfere	with	manned	aircraft	operations.	Thus,	the	proposed	exemption	

is in	the	public interest.

The	requested	exemption	is	also	in	the	public	interest	for	environmental	reasons.		Relative	to	

conventional	fixed	wing	and	rotary	wing	aircraft,	conducting	aerial	videography	and	photography	by	

sUAS	is	significantly	less	polluting.		sUAS	devices	also	serve	the	public’s	environmental	interest	through	

reduced	emissions	and	noise	relative	to	conventional	manned	aircraft.		Accordingly,	the	applicant	

requests	that	the	FAA	grant	the	requested	exemption	with	minimum	delay.

AIRCRAFT	AND	EQUIVALENT	LEVEL	OF	SAFETY	

The	operation	limitations	proposed	for	an	equivalent	or	higher	level	of	safety,	because	operations	will	

further	enhance	the	safety	of	the	persons	and/or	property	using	conventional	aircraft.	

These	limitations	and	conditions	to	which	the	applicant	agrees	to	adhere	to	when	conducting	

commercial	operations	under	the	FAA	issued	exemption	as	set	forth	in	the	Flight	Operations	Manual	

(FOM)	include:

1.	The	sUAS	weighs	less	than	55	pounds,	including	payload.	Operations	requested	in	this	petition	

for	exemption	are	limited	to	the	following	aircraft:	DJI	Inspire	1,	DJI	Phantom	4, and	DJI	

Phantom	3	Professional.	Proposed	operations	of	any	other	sUAS	will	require	a	new	petition	or	

an	amendment.	

2.	Flights	will	be	operated	within	line	of	sight	of	a	pilot	and/or	observer.	
4

3.	Maximum	flight	time	for	each	operational	flight	will	be	30	minutes.	Flights	will	be	terminated	at	

25%	battery	power	reserve	or	30	minutes	of	flight	time	whichever	occurs	first.	

4.	Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	Above	Ground	Level	(AGL)	and	

not	more	than	200	feet	above	an	elevated	platform	from	which	filming	is	planned.	

5.	Minimum	crew	for	each	operation	will	consist	of	the	sUAS	Pilot,	the	Visual	Observer	(VO)	and	

may	include	but	not	limited	to	a	Camera	Operator.	

6.	The	sUAS	PIC	must	hold	either	an	airline	transport,	commercial,	private,	recreational,	or	sport	

pilot	certificate.	The	PIC	must	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	must	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.	

7.	A	briefing	will	be	performed	regarding	the	planned	sUAS	operations	prior	to	each	day’s	flight	

consisting	of	all	the	days’	production	activities.	

8.	The	operator	will	file	FAA	Form	7711-1,	or	its	equivalent,	as	modified	in	light of	the	requested	

exemption,	with	the	appropriate	local	Flight	Standards	District	Office	(FSDO)	no	more	than	72	

hours	but	no	less	than	48	hours	from	planned	operation.

9.	The	operator	will	obtain	verbal/written	consent	of	all	persons	involved	with	the	planned	

operation	and	ensure	that	only	consenting	persons	will	be	allowed	within	100	feet	of	the	flight	

operation,	and	the	radius	may	be	reduced	to	30	feet	based	upon	an	equivalent	level	of	safety	

determination,	as	required	under	the	FOM.	With	the	advanced	permission	of	the	FSDO,	

operations	at	closer	range	may	be	approved.	

10.	The	PIC	and	VO	will	have	been	trained	in	operation	of	sUAS	and	receive	up-to-date	information	

for	the	particular	sUAS	to	be	operated.	

11.	The	PIC	and	VO	will	be	able	to	communicate	by	voice,	radio,	and/or	text	at	all	times.	

12.	Written	and/or	verbal	permission	and	permits	will	be	obtained	from	territorial,	state,	county	or	

city	jurisdictions,	including	law	enforcement,	fire	or	other	appropriate	governmental	agencies.

13.	If	the	sUAS	loses	communications	or	loses	GPS	signal,	the	sUAS	will	have	the	capability	to	return	

to	a	pre-determined	location	within	a	designated	location	and	land	autonomously.	

14.	The	sUAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles, weather,	or	

emergencies.

14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	§91.203(a)(1)

Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	requirements	for	the	issuance	

of	airworthiness	certificates	as	required	by FAR	§91.203	(a)	(1).	Given	the	size	and	limited	operating	area	

associated	with	the	aircraft	to	be	utilized	by	the	Applicant,	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	U.S.C.§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	

sUAS.	In	all	cases,	an	analysis	of	these	criteria	demonstrates	that	the	sUAS	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	(fixed	wing	or	rotorcraft)	operating	with	an	

airworthiness	certificate	without	the	restrictions	and	conditions	proposed.	

The	sUAS	to	be	operated	hereunder	is	less	than	55	lbs.	fully	loaded,	carries	neither	a	pilot	nor	passenger,	

carries	no	explosive	materials	or	flammable	liquid	fuels,	and	operates	exclusively	within	a	secured	and	
5

designated	area.	Unlike	other	civil	aircraft,	operations	under	this	exemption	will	be	tightly	controlled	

and	monitored	by	both	the	operator	and	under	the	requirements	and	in	compliance	with	local	public	

safety	requirements.	The	FAA	will	have	advance	notice	of	all	operations.	These	safety	enhancements	

provide	a	greater	degree	of	safety	to	the	public	and	property	owners	than	conventional	operations	

conducted	with	airworthiness	certificates	issued	under	14	C.F.R.	Part	21,	Subpart	H.	Lastly,	application	of	

these	same	criteria	demonstrates	that	there	is	no	credible	threat	to	national	security	posed	by	the	sUAS,	

due	to	its	size,	speed	of	operation,	location	of	operation,	lack	of	explosive	materials	or	flammable	liquid	

fuels,	and	inability	to	carry	a	substantial	external	load.

14	C.F.R.	part	47	Marking	of	the	Aircraft	

All	aircraft	operated	in	accordance	with	this	exemption	must	be	identified	by	serial	number,	registered	

in	accordance	with	14	C.P.R.	part	4	7,	and	have	identification	(N	Number)	markings	in	accordance	with	

14	C.P.R.	part	45,	subpart	C.	Markings	must	be	as	large	as	practicable.

14	C.F.R.	§	61.113	(a):	Private	Pilot	Privileges	and	Limitations:	Pilot	in	Command.

Pursuant	to	14	CFR	61.113	(a),	no	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	

command	of	an	aircraft	that	is	carrying	passengers	or	property	for	compensation	or	hire.	Our	sUAS	do	

not	carry	any	pilots	or	passengers	nor	property	therefore	I	am	seeking	an	exemption	to	14	CFR	

61.113(a).

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	aircraft	for	

maintenance	and	use	of	safety	checklists	prior	to	each	flight,	an	equivalent	level	of	safety	will	be	

provided.

14	C.F.R.	§	91.9	(b)	(2):	Civil	Aircraft	Flight	Manual	in	the	Aircraft.

Section	91.9	(b)	(2)	provides:	No	person	may	operate	a	U.S.-registered	civil	aircraft	...	(2)	For	which	an	

Airplane	or	Rotorcraft	Flight	Manual	is	not	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.	The	sUAS,	given	its	size	and	configuration	has	no	

ability	or	place	to	carry	such	a	flight	manual	on	the	aircraft,	not	only	because	there	is	no	pilot	on	board,	

but	because	there	is	no	room	or	capacity	to	carry	such	an	item	on	the	aircraft.	The	equivalent	level	of	

safety	will	be	maintained	by	keeping	the	flight	manual	at	the	ground	control	point	where	the	pilot	flying	

the	sUAS	will	have	immediate	access	to	it.

14	C.F.R.	§	91.103:	Preflight	Action.

This	regulation	requires	each	pilot	in	command	to	take	certain	actions	before	flight	to	insure	the	safety	

of	flight.	As	FAA	approved	rotorcraft	flight	manuals	will	not	be	provided	for	the	aircraft	an	exemption	

will	be	needed.	The	PIC	will	take	all	actions	including	reviewing	weather,	flight	battery	requirements,	

landing	and	takeoff	distances	and	aircraft	performance	data	before	initiation	of	flight.	
6

14	C.F.R.	§91.109:	Flight	Instruction.

Section	91.103	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.	sUAS	and	

remotely	piloted	aircraft,	by	their	design	do	not	have	fully	functional	dual	controls.	Flight	control	is	

accomplished	through	the	use	of	a	control	box	that	communicates	with	the	aircraft	via	radio	

communications.	The	FAA	has	approved	exemptions	for	flight	training	without	fully	functional	dual	

controls	for	a	number	of	aircraft	and	for	flight	instruction	in	experimental	aircraft.	The	equivalent	level	

of	safety	provided	by	the	fact	that	neither	a	pilot	nor	passengers	will	be	carried	in	the	aircraft	and	by	the	

size	and	speed	of	the	aircraft.	

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

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	Section	91.119	(d)	allows	

helicopters	to	be	operated	at	less	than	the	minimums	prescribed,	provided	the	person	operating	the	

helicopter	complies	with	any	route	or	altitudes	prescribed	for	helicopters	by	the	FAA.	As	this	exemption	

is	for	a	sUAS	that	is	a	helicopter	and	the	exemption	requests	authority	to	operate	at	altitudes	up	to	400	

AGL,	or	not	more	than	200	above	an	elevated	platform	from	which	filming	is	planned,	an	exemption	

may	be	needed	to	allow	such	operations.	

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	the	sUAS	as	well	as	the	

location	where	it	is	operated.	No	flight	will	be	taken	without	the	permission	of	the	property	owner	or	

local	officials.	Because	of	the	advance	notice	to	the	property	owner	and	participants	in	the	filming	

activity,	all	affected	individuals	will	be	aware	of	the	planned	flight	operations.	Compared	to	flight	

operations	with	aircraft	or	rotorcraft	weighting	far	more	than	the	maximum	55lbs.	proposed	herein	and	

the	lack	of	flammable	fuel,	any	risk	associated	with	these	operations	is	far	less	than	those	presently	

presented	with	conventional	aircraft	operating	at	or	below	500	AGL.	In	addition,	the	low-altitude	

operations	of	the	sUAS	will	ensure	separation	between	these	small- UAS	operations	and	the	operations	

of	conventional	aircraft	that	must	comply	with	Section	91.119.

14	C.F.R.	§91.121	Altimeter	Settings.

This	regulation	requires	each	person	operating	an	aircraft	to	maintain	cruising	altitude	by	reference	to	

an	altimeter	that	is	set	“...to	the	elevation	of	the	departure	airport	or	an	appropriate	altimeter	setting	

available	before	departure.”	As	the	sUAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	

altitude	read	out,	an	exemption	may	be	needed.	An	equivalent	level	of	safety	will	be	achieved	by	the	

operator,	pursuant	to	the	safety	check	list	and	live	flight	data	monitoring,	confirming	the	altitude	of	the	

launch	site	shown	on	the	GPS	altitude	indicator	before	flight.	

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

Section	91.151	(a)	prohibits	an	individual	from	beginning	“a	flight	in	an	airplane	under	VFR	conditions	

unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel	to	fly	to	the	first	point	of	

intended	landing,	and,	assuming	normal	cruising	speed	– (1)	During	the	day,	to	fly	after	that	for	at	least	

30	minutes;	or	(2)	At	night,	to	fly	after	that	for	at	least	45	minutes.”	

The	battery	powering	the	sUAS devices provides	approximately	25 minutes	of	powered	flight.	To	meet	

the	30-minute	reserve	requirement	in	14	CFR	§91.151,	sUAS	flights	would	be	limited	to	approximately	
7

10	minutes	in	length.	Given	the	limitations	on	the	sUAS’s	proposed	flight	area	and	the	location	of	its	

proposed	operations	within	a	predetermined	area,	a	longer	time	frame	for	flight	in	daylight	or twilight	

VFR	conditions	is	reasonable.	

Applicant	believes	that	an	exemption	from	14	CFR	§91.151(a)	falls	within	the	scope	of	prior	exemptions.	

Operating	the	small	UAS,	in	a	tightly	controlled	area	where	only	people	and	property	owners	or	official	

representatives	who	have	signed	waivers	will	be	allowed,	with	less	than	30	minutes	of	reserve	fuel,	does	

not	engender	the	type	of	risks	that	Section	91.151(a)	was	intended	to	alleviate	given	the	size	and	speed	

of	the	small	UAS.	Additionally,	limiting	sUAS	flights	to	10	minutes	would	greatly	reduce	the	utility	for	

which	the	exemption	will	be	granted.	Applicant	believes	that	an	equivalent	level	of	safety	can	be	

achieved	by	limiting	flights	to	25 minutes	or	25%	of	battery	power— whichever	happens	first.	This	

restriction	would	be	more	than	adequate	to	return	the	sUAS	to	its	planned	landing	zone	from	anywhere	

in	its	limited	operating	area.

14	C.F.R.	§91.203	(a)	and	(b):	Carrying	Civil	Aircraft	Certification	and	Registration

The	regulation	provides	in	pertinent	part:

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

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.	

The	sUAS	fully	loaded	weighs	no	more	than	55	lbs.	and	is	operated	without	an	onboard	pilot.	As	

such,	there	is	no	ability	or	place	to	carry	certification	and	registration	documents	or	to	display	

them	on	the	sUAS.	

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	ground	control	

point	where	the	pilot	flying	the	sUAS	will	have	immediate	access	to	them,	to	the	extent	they	are	

applicable	to	the	sUAS.

14	C.F.R.	§91.405	(a);	407	(a)	(1);	409	(a)	(2);	417(a)	&	(b):	Maintenance	Inspections.

These	regulations	require	that	an	aircraft	operator	or	owner	“shall	have	that	aircraft	inspected	as	

prescribed	in	subpart	E	of	this	part	and	shall	between	required	inspections,	except	as	provided	in	

paragraph	(c)	of	this	section,	have	discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter...,”	and	

others	shall	inspect	or	maintain	the	aircraft	in	compliance	with	Part	43.	

Given	that	these	section	and	Part	43	apply	only	to	aircraft	with	an	airworthiness	certificate,	these	

sections	will	not	apply	to	the	applicant.	Maintenance	will	be	accomplished	by	the	operator	pursuant	to	

the	flight	manual	and	operating	handbook.	An	equivalent	level	of	safety	will	be	achieved	because	these	

small	UASs	are	very	limited	in	size	and	will	carry	a	small	payload	and	operate	only	in	restricted	areas	for	

limited	periods	of	time. If	mechanical	issues	arise	the	sUAS	can	land	immediately	and	will	be	operating	

from	no	higher	than	400	feet	AGL.	The	operator	will	ensure	that	the	sUAS	is	in	working	order	prior	to	

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

Moreover,	the	operator	is	the	person	most	familiar	with	the	aircraft	and	best	suited	to	maintain	the	
8

aircraft	in	an	airworthy	condition	to	provide	the	equivalent	level	of	safety.	

An	equivalent	level	of	safety	will	be	achieved	because	maintenance	and	inspections	will	be	performed	in	

accordance	with	the	sUAS	Manufacturer's	Manual,	as	referenced	in	the	Aircraft	Operations	Manual	

(AOM).	As	provided	in	the	FOM,	the	operator	will	ensure	that	the	sUAS	is	in	working	order	prior	to	

initiating	flight	and	perform	required	maintenance	needed.

Sincerely,

________________________________

Petitioner:	Damon	Hoydysh,	President

Highline	Studios,	Inc

Petitioner:

Damon	Hoydysh,	President

Highline	Studios,	Inc.

8842	Hollywood	Blvd

Los	Angeles,	CA	90069

424.245.4031

damon@highlinestudios.com