May 29, 2015 

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 Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.121; 91.151(a); 

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

Dear Sir or Madam:

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

Act) and 14 C.F.R. Part 11, Skyline Photography hereby applies for an exemption from the 

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its Small 

Unmanned Aircraft Systems (“sUAS”) for aerial photography, aerial videos, aerial 

inspections, and aerial survey, so long as such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by Section 

333.

The requested exemption would permit the operation of sUAS under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) 

would provide safety enhancements to the already best practices safety protocols 

followed by Skyline Photography at each one of its project sites. 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.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Skyline Photography, LLC 

152 West 900 North Lehi Utah PH: 801-960-7316

Email: skylinephotographyllc@gmail.com

SKYLINE PHOTOGRAPHY LLC
Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103

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) 

14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

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

statutory authority includes exempting civil aircraft, as the term is defined under §40101 of 

the Act, including sUASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 

USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the 

public, or a threat to national security. If the Secretary determines that a sUAS “may 

operate safely in the national airspace system, the Secretary shall establish requirements 

for the safe operation of such aircraft in the national airspace system.” Id. §333(c).

Skyline Photography’s sUAS are multirotor vehicles, weighing 25 or fewer lbs. including 

payload. They operate under normal conditions at a speed of no more than 50 knots and 
have the capability to hover, and move in the vertical and horizontal plane simultaneously. 

The sUAS will operate only in the Pilot’s visual line of sight at all times and will operate 

under the guidelines of the Flight Checklist and Pre-task Plan attached as Exhibit 1. Such 

operations will insure that the sUAS will “not create a hazard to users of the national 

airspace system or the public.” Reform Act Section 333 (b).

Given the small size of the sUAS involved and the restricted and sterile environment within 

which they will operate, our application falls squarely within the zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of sUAS to commence immediately. Also due to the small 

size of the sUAS and the low altitudes and restricted areas in which the sUAS will operate, 

approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, the 

grant of the requested exemptions is in the public interest. Accordingly, Skyline 

Photography respectfully requests that the FAA grant the requested exemption without 

delay.

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely 

in the NAS before completion of the rule making required under Section 332 of the 

Reform Act. By granting an exemption the FAA will fulfill Congress’s intent of allowing UAS 

to operate with significant safety precautions in low risk environments.

The use of sUAS on a project site can significantly reduce the risk to workers because sUAS 

can inspect, photograph, and collect data on hard to get to areas that otherwise would 

require worker inspection. Falls are a leading source of workplace fatality and injury on 

project sites, and reducing falls through sUAS use for site imaging could save workers 

lives.

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. 

The sUAS we propose to fly in this application are under twenty five pounds, and carry no 

combustible material on board, as opposed to the much larger conventionally powered 
small aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our 

workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used 

for aerial imaging and data collection over a project site. Our sUAS use rechargeable 

lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that 

are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Skyline Photography proposes that the exemption requested herein apply to sUAS that 

have the characteristics and that operate with the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety 

enhancement to the already safe protocols followed on project sites and imaging and 

surveying operations conducted with helicopters and other conventional aircraft.

Skyline Photography will be bound by the following limitations when conducting its sUAS 

operations under an FAA issued exemption:

1. The sUAS will be less than 55 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS

calculates battery reserve in real time, and will return to its ground station with at

least 20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400

feet AGL. 

5. Any site within 5 miles of an airport will not be flown without notification and approval of 

the local FAA Flight Standards District Office (FSDO) and airport controller.

6. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his 

visual line of sight at all times.

7. The sUAS Pilot will be trained in flight, operations, and safety procedures.

8. The sUAS will only operate within the establishment of a “Security Perimeter” for the 

flight operations area.
9. A briefing "Pre-Task Plan" will be conducted in regard to the planned sUAS operations 

prior to each day’s production activities. 

10. The property owner will consent to the UAS flyover on site by verbal or written consent.

11. Pilot will have been trained in operation of UASs generally and received up-to-date 

information on the particular UAS to be operated as required.

12. If the sUAS loses communications or loses its GPS signal, it will have capability to enter 

“loiter mode” and hover, reestablish satellite connection, and return to a pre- determined 

location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the Pilot operating the aircraft 

to have (1) completed a sUAS flight training course. 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing or cargo on board. Skyline Photography's sUAS is also 

operated by an autopilot, which greatly reduces the danger of human error. The area of 

operation is controlled and all flights are planned and coordinated in advance.

The sUAS to be operated hereunder is less than 25 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area. Like other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by the operator and in compliance with local 

public safety requirements, to provide security for the area of operation. 

14 C.F.R. 91.103: Preflight Action

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

the safety of flight. An exemption is needed from this requirement as the Pilot will take 

separate preflight actions, including checking for weather conditions, checking flight 

battery requirements, checking takeoff and landing distances, and all other actions in the 

Preflight Checklist. These actions will provide an equivalent level of safety. 

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. This exemption is for a multirotor craft that flies similarly to a 

helicopter, with vertical take off and vertical landing, which will typically operate at 

altitudes of 200 AGL, so an exemption may be needed to allow such operations. The sUAS 

will never operate at altitude higher than 400 AGL and will be in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without 

their pre-obtained consent. 

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 any onsite personnel, all affected individuals will be aware of the planned flight 

operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the 

maximum 25 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the 

low-altitude operations of the sUAS will ensure separation between sUAS 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, confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our 

sUAS is limited to operations in sterile and controlled environments, and has a limited 

range and flight time which require an exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 35 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited 

to approximately 5 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 night VFR conditions is reasonable.

Skyline Photography believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation 

to operate without compliance with FAR 91.151 (a)). Operating the small sUAS, 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.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough 

battery reserve to ensure that the sUAS lands at the ground station with at least 20% of 

battery power (as determined by the onboard monitoring system and the Pilot), 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.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

14 CFR 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Skyline Photography Maintenance will be accomplished by 

the operator by using the pre-flight checklist. An equivalent level of safety will be 

achieved because these small sUAS 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 Pilot 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 Pilot 
is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.

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:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a 

small unmanned vehicle (55lbs or less).

Approval of exemptions allowing commercial operations of sUAS enhances safety while 

reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft are much larger, have combustible fuel, and carry an onboard human pilot. In 

contrast, a sUAS weighing fewer than 25 lbs. and powered by batteries eliminates virtually 

all of that risk given the reduced mass and lack of combustible fuel carried on board. The 

sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.

The operation of small sUAS, weighing less than 25 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of 

Part 21 and allowing commercial operations. These lightweight aircraft operate at slow 

speeds, close to the ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close proximity 

to the ground and people. 

Privacy

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

prior consent and knowledge. Images taken will be of individuals who have also 

consented to being filmed or otherwise have agreed to be in the area where aerial 

photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, controlled operating environment and operation within 
visual line of sight provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s sUAS.

Sincerely yours,

Mark Dalton 

Owner 

Skyline Photography 

Attachment: 

Exhibit 1: Flight Checklist and Pre-task Plan