Exemption Request

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1802 SW Beeksma Drive

Oak Harbor, WA 98277

http://www.vividaa.com

April 6, 2015

US Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590 

Attn: Mr. Robert Pappas

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Dear Mr. Pappas :

Please consider this request for exemption from the Federal Aviation Regulations 

being submitted to you pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA) and 14 CFR Part 11. The specific regulations for 

which this application is submitted are set out in Appendix A to this letter request.

This request is submitted by Babiyo Enterprises, LLC d/b/a Vivid Aerial Ascent

(“VVA”). VVA requests an exemption to allow its to use of the DJI Phantom 2 

Vision Plus, Unmanned Aerial System (UAS) in commercial operations for

purposes of aerial photography and videography; but only 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 or Section 49 USC § 

44701. 

“Vivid Aerial Ascent” is the assumed business name adopted by Babiyo 

Enterprises, LLC, a Washington limited liability company. The members of 

Babiyo Enterprises are Christon Skinner, Paul Skinner and Justin Skinner. The 

address of the company is 1802 SW Beeksma Drive, Oak Harbor, Washington 

98277.
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As described more fully below, the requested exemption would permit the 

operation of the UAS by the applicant for commercial uses and purposes that 

would provide the following benefits: 

1. Operations would be performed in an area of operation that limited in size,

suitable to the specific use, in advance of flight. 

2. The flight would be planned in advance to minimize hazards to persons 

and property in the air and on the ground. 

3. The operator would reasonably limit or control access to provide safety to 

those not involved in the operation. 

4. Operation of a UAS in the particular application intended would provide 

significant safety, environmental and other enhancements not possible by 

larger sized aircraft. 

5. A member of the company with 80 hours of flight training from a FAA 

certified instructor would operate the UAS or directly supervise the 

operation. 

6. The exemption will provide a beneficial and currently unavailable service 

to government organizations such as state and county environmental 

agencies, planning and community development departments and the 

general public in a manner that would serve the public interest. 

Approval of this exemption will enhance the safe use and operation of unmanned 

aerial vehicles and their incidental uses 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. 

It is possible to operate the UASs so as not to create a hazard to users of the 

National Airspace System (NAS) and the public; or pose a threat to national 

security if operation is done safely and responsibly. This applicant has 

demonstrated a willingness to act safely and responsibly by not previously 

engaging in unauthorized commercial UAS operations. The applicant has, in fact, 

worked with, and is a member of, the Academy of Model Aeronautics (AMA) and 

the Association for Unmanned Vehicles International (AUVSI). In addition, the 

applicant is a member of the Whidbey Island (Washington) Remote Control 

Society, our local UAV authority.

VVA proposes that the exemption requested apply to civil aircraft that have the 
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characteristics of UAS and that operate with the limitations listed herein. These 

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

operations under the current regulatory structure as the proposed operations and 

represent a safety enhancement to the already safe aerial commercial 

photography and survey operations conducted with conventional aircraft. And the 

cost of providing the proposed photography and videography services through 

the use of UASs will be substantially less than through conventional fixed wing 

and rotor aircraft. 

Those UAS's that the applicant intends and plans to operate are DJI Phantom 2 

Plus rotorcraft weighing 55 or fewer pounds including payload. They would 

operate, under normal conditions, at a speed of no more than 40 knots. The 

principal construction material of these UAS craft would be foam and/or plastic. 

Operations will be performed by a qualified UAS pilot in command (“PlC”), as 

outlined below, to insure that the UAS will “not create a hazard to users of the 

national airspace system or the public." Given the small size of the UASs 

involved and the pre-planned environment within which they will operate, the 

applicant believes that these operations fall squarely within that zone of safety 

(and equivalent level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations of UASs to commence immediately. 

Also, operation in a researched (to include applicable NOTAMs), pre-defined 

area, will prevent the possibility of a national security issue that might unduly 

burden law enforcement and other agencies tasked with addressing any 

breaches or threats in this area. We sincerely believe that the operation of UASs 

by knowledgeable professionals with experience in the NAS, will actually serve to 

enhance safety, add to the public benefit and reduce environmental impacts 

related to current methods of aerial photography and survey, i.e., through the use 

of conventional aircraft. 

The following are the limitations and conditions to which the operator, or it's 

employees, acting as UAS PIC, agree to be bound when conducting commercial 

operations under an FAA issued exemption: 

1. Safety will be the first and foremost consideration in any UAS operation. 

2. The UAS pilot will be a person with at least 80 hours of flight training from 

an FAA licensed flight training instructor or the UAS pilot will be directly 

supervised by a person with at least 80 hours of flight training from an 

FAA licensed flight training instructor.

3. The UAS FAA trained airman will be considered Pilot in Command (PlC), 

whether flying or supervising, and will be responsible for safe operation of 

the flight. 

4. Flights will be operated within visual line of sight (VLOS) of the PIC or an 

observer, in accordance with the statutory mandate under Section 

333(b)(1) and operated below 400 feet above ground. A spotter/observer 
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will be used to assist the PIC with constant visual contact of the UAS.

5. The DJI Phantom 2 Vision Plus UAS is designed to operate at speeds no 

greater than 40 knots.

6. The UAS will weigh less than 55 lbs., total. 

7. Flights will be operated during daylight hours in Class G airspace 

whenever possible. lf operation in other airspace is required, the relevant 

controlling agency will be notified at least 24 hours prior to the operation 

and, if required, any necessary permission obtained. 

8. Flights will be operated under visibility and cloud clearance requirements 

equivalent to Visual Flight Rules (VFR). 

9. VAA does not intend to operate within five miles of any airports. The DJI 

Phantom 2 Vision Plus, “DJI Vision App” software precludes UAS 

operation within five miles of any rated airport.

10. The UAS will at all times give way to any aircraft carrying persons. 

11. Minimum crew for each operation will consist of the UAS PlC and a spotter 

or observer. The observer, if required, and PIC will at all times be able to 

communicate by voice and/or text. 

10. Prior to a UAS flight, an area of operation will be established. This area of 

operation will include a defined lateral and vertical area, where the UAS

will operate. Safety procedures will be established for persons, property 

and applicable airspace within the area of operation. 

11. Flight planning will include flight completion with at least 20% battery 

power remaining as measured by the UAS or appropriate timing. 

12. lf equipped, and appropriate for the operation, UAS aircraft will utilize GPS 

navigation, failsafe, return-to-home (RTH) and/or flight abort safety 

features. 

13. A briefing will be conducted in regard to the planned UAS operations prior 

to operation at each new location. All personnel who will be performing 

duties within the boundaries of the area of operation will be present for this 

briefing. 

14. All required permissions and permits will be obtained from appropriate 

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

15. Written, to include electronic, and/or oral permission from the relevant 

property owners will be obtained prior to an operation. 

16. The UAS pilot will be trained in advance for the safe operation of the UAS

to be operated. This will include operation of the UAS both in normal and 

emergency modes of operation, and will include familiarization with the 

operation manual (or similar) if published by the UAS manufacturer. 

Training will also include types of maneuvers to be performed and the safe 

operation in relation to persons, property and applicable airspace. 

17. The UAS PIC will establish a working relationship with a representative at 

the local FSDO with which to annually review safety procedures and other 

operations to further enhance safety. 

18. The Phantom 2 Vision Plus controllers operate at a radio frequency 

spectrum of 2.4 Ghz and 5.8 Ghz. According to the manufacturer, the 

UAV’s operating RF spectrum fully complies with FCC regulations.

Included with this application you will find a letter from the Executive Director of 

the Oak Harbor Chamber of Commerce requesting approval of a UAS operation 

that will aid in the development and promotion of the City of Oak Harbor, 

Washington’s tourism development. This project serves as an excellent example 

of the benefits of using a UAS. Since no low flying, conventional aircraft will need 

to be utilized to photograph the area and provide still and video content for 

editing, this project represents just one example of the enhancement in safety 

represented by the use of a UAS in certain applications as well as demonstrating 

a direct benefit to the public interest by providing low cost aerial photography for 

tourism enhancement and improvement of our local economy. 

VAA also intends to provide aerial photography and videography services to 

private and public organizations monitoring shorelines and other environmentally 

sensitive areas. Specifically, VAA intends to provide video and still photographic 

surveys of shorelines, wetlands, wildlife habitat, construction project and 

development encroachment, and other visual measurements that will aid in the 

management and regulation of environmentally sensitive areas. VAA is located 

on an island that is in the northern part of the Puget Sound and which is a 

gateway to the environmentally sensitive, San Juan Island Archipelago in 

Washington State. The use of UASs in this particular application is particularly 

appealing because of its environmentally friendly interaction with sensitive areas 

and the minimal impact that such operation will have on wildlife, relative to low 

flying, conventional aircraft.
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The members and owners of VAA believe that the minimal size and speed of the 

UAS combined with its smaller operating environment and the applicant's 

experience in the NAS, as outlined, all provide an “equivalent level of safety” or 

better when operating a UAS for the public interest as outlined in Section 333 in 

the FAA Modernization and Reform Act of 2012

lt is respectfully requested that the FAA grant and exemption to VAA as soon as 

possible, to enable the Oak Harbor Chamber of Commerce and other similar 

organizations as well as governmental agencies, to benefit from the reduced cost 

and increased level of safety afforded by the use of UASs for aerial photography 

and videography.

Sincerely,

Christon C. Skinner
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Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Babiyo Enterprises, LLC, d/b/a Vivid Aerial Ascent, requests an exemption from 

the following regulations as well as any additional regulations that may 

technically apply to the operation of UASs: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR § 61.113(a) & (b) 

14 CFR § 91.7(a) 

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 CFR § 91.119(c) 

14 C.F.R. 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) & (2) 

14 CFR § 91.417(a) & (b)

Vivid Aerial Ascent’s request for exemption includes the ability to operate 

PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS), and the 

PHANTOM “Inspire1” for the purpose of conducting aerial videography and 

cinematography to assist private and public agencies within the Pacific Northwest

area with damage assessment, ecological monitoring, project/land survey, and 

municipality tourism promotion. In addition, VAA would like to provide 

videography and photography and related services to real estate brokers and 
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agents to aid in the presentation of a more detailed and complete overview of 

listed properties. 

VAA seeks exemption via petition to the Federal Aviation Administration (FAA) 

from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (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), and 91.417(a) and (b) of Title 14, Code of 

Federal Regulations (14 CFR). As supplemental material, I have included 

Phantom 2 Vision + (referred to as P2V+ throughout the document) 

Part 21 prescribes the procedural requirements for issuing and changing design 

approvals, productions approvals, airworthiness certificates, and airworthiness 

approvals.

Section 45.23(b) prescribes that when marks include only the Roman capital 

letter “N” and the registration number is displayed on limited, restricted or lightsport 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 not less than 2 inches nor more than 6 inches 

high, the words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” 

as applicable. 

Section 61.113(a) and (b) prescribes that— (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; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. (b) a private pilot 

may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to 

that business or employment; and (2) The aircraft does not carry passengers or 

property for compensation or hire. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is 

in an airworthy condition. Section 91.7(b) prescribes that the pilot in command of 

a civil aircraft is responsible for determining whether that aircraft is in condition 

for safe flight and that the PIC shall discontinue the flight when an airworthy 

mechanical, electrical, or structural conditions occur. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with 

runway lengths at airports of intended use, and takeoff and landing distance 

information. 
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Section 91.109(a) prescribes, in pertinent part, 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. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes:3 (a) Anywhere. An 

altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. (b) Over congested areas. Over 

any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, 

powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface— (1) A 

helicopter may be operated at less than the minimums prescribed in paragraph 

(b) or (c) of this section, provided each person operating the helicopter complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less 

than the minimums prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, 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.” 

Section 91.151(a) prescribes that 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, (1) during the day, to fly after that for at least 30 minutes 

[emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil 

aircraft unless it has within it (1) an appropriate and current airworthiness 

certificate; and (2) an effective U.S. registration certificate issued to its owner or, 

for operation within the United States, the second copy of the Aircraft registration 

Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a 

civil aircraft unless the airworthiness certificate 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. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner 

shall have that aircraft inspected as prescribed in subpart E of the same part and 

shall, between required inspections, except as provided in paragraph (c) of the 
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same section, have discrepancies repaired as prescribed in part 43 of the 

chapter.4 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an 

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless it has been approved for return to service by a person 

authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had an inspection 

for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that— (a) Each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: (1) Records of the maintenance, 

preventive maintenance, and alteration and records of the 100-hour, annual, 

progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance 

of an aircraft. The records must include— (i) A description (or reference to data 

acceptable to the Administrator) of the work performed; and (ii) The date of 

completion of the work performed; and (iii) The signature, and certificate number 

of the person approving the aircraft for return to service. (2) Records containing 

the following information: (i) The total time in service of the airframe, each 

engine, each propeller, and each rotor. (ii) The current status of life-limited parts 

of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last 

overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis. (iv) The current inspection status of the aircraft, 

including the time since the last inspection required by the inspection program 

under which the aircraft and its appliances are maintained.5 (v) The current 

status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and 

date when the next action is required. (vi) Copies of the forms prescribed by § 

43.9(d) of this chapter for each major alteration to the airframe and currently 

installed engines, rotors, propellers, and appliances. (b) The owner or operator 

shall retain the following records for the periods prescribed: (1) The records 

specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects 

furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to 

service.
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