126 5

th Avenue South

La Crosse, WI 54601

October 4, 2015

U.S. Department of Transportation

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) and (b); 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).

Dear Sir or Madam:

I, Bill Kult, Co-Owner and Creative Producer of Skyframe Aerial LLC, am writing pursuant to the FAA Modernization

and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that Skyframe Aerial LLC, an

owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed

below so that Skyframe Aerial LLC may operate unmanned aircraft system (“UAS”) commercially in airspace

regulated by the Federal Aviation Administration (“FAA”).

As described herein I, Bill Kult, am experienced in flying hobby helicopters/planes for recreational purposes without

incident. Currently Skyframe Aerial LLC is exploring the use of UAS platforms manufactured by DJI including the DJI

Inspire 1 and Phantom 2 Quadcopters. Our intent is to use these platforms for aerial

videography/cinematography/photography, enhancing academic community awareness for individuals and

companies unfamiliar with the geographical layout of communities and lands throughout Wisconsin, Minnesota,

Illinois, and Iowa, and to augment real estate listing videos - following exemption and approval by the FAA. I have

flown RC Helicopters/Planes for over seven (7) years without incident. Further, Skyframe Aerial LLC is committed to

safety with each flight, and has provided the Safe Flight Checklist and Safe Flight Manual attached hereto as

Appendices “A” and “B”, respectively.

Skyframe Aerial LLC’s exemption request would permit its operation of lightweight, unmanned (piloted by remote

control) and comparatively inexpensive UASs in tightly controlled and limited airspace. Predetermined areas of

operation, cordoned off locations and corresponding enhancements to current safety controls will allow Skyframe

Aerial LLC to operate within current safety parameters while innovating new ones. Currently, similar lightweight,

remote controlled UASs are legally operated by amateurs with no flight experience, safety plan or controls in place to

prevent catastrophe. Based on our commitment to safety it is reasonable for the FAA to grant this exemption to

operate similar lightweight UASs. This will act to further safety protocols specific to lightweight UASs as Skyframe

Aerial LLC collects flight data and other information gained through permitted flight operations.

Granting Skyframe Aerial LLC ’s request comports with the Secretary of Transportation’s (FAA Administrator’s)

responsibilities to not only integrate UASs into the national airspace system, but to “...establish requirements for the

safe operation of such aircraft systems [UASs] in the national airspace system” under Section 333(c) of the Reform

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Act. Further, Skyframe Aerial LLC will conduct its operations in compliance with the protocols described herein or as

otherwise established by the FAA.

For the reasons stated below, Skyframe Aerial LLC respectfully requests the grant of an exemption allowing it to

operate lightweight, remote controlled UAS’s.

1. CONTACT INFORMATION:

Point of Contact:

Bill Kult

(608) 519-1893

bkult@elevatemginc.com

Address:

126 5

th Avenue South

La Crosse, WI 54601

2. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Skyframe Aerial​LLC

Requests Exemption are:

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

3. The Extent of Relief Skyframe Aerial LLC Seeks and the Reason It Seeks Such Relief:​1

Skyframe Aerial LLC submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking

relief from any currently applicable FARs operating to prevent Skyframe Aerial’s contemplated commercial cinematic,

research and other flight operations within the national airspace system. The Reform Act in Section 332 provides for

such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to

do so. Skyframe Aerial LLC’s lightweight UASs meet the definition of “small unmanned aircraft” as defined in Section

331 and therefore the integration of Skyframe Aerial LLC’s lightweight UASs are expressly contemplated by the

Reform Act. Skyframe Aerial LLC would like to operate its lightweight UASs prior to the time period by which the

Reform Act requires the FAA to promulgate rules governing such craft.

The Reform Act guides the Secretary in determining the types of UASs that may operate safely in our national airspace

system. Considerations include:

● The weight, size, speed and overall capabilities of the UAS;

● Whether the UAS will be operated near airports or populated areas; and,

● Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Skyframe Aerial LLC.

Skyframe Aerial LLC’s UAS’s utilize four to eight counter-rotating propellers for extreme balance, control and stability.

They each weigh less than 55 pounds, including cinematic or other equipment. Each of Skyframe Aerial LLC’s small

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unmanned aircraft are designed to primarily hover in place and operate at less than a 50 knot maximum speed. They

are capable of vertical and horizontal operations but operate only within the line of sight of the remote control pilot.

In addition to the remote control pilot, Skyframe Aerial LLC uses a spotter, such that, at minimum, two Skyframe

Aerial LLC personnel govern the safe flight of an Skyframe Aerial UAS at all times.

1The FAA has the authority to issue the exemption sought by Skyframe Aerial LLC pursuant to the Federal Aviation

Act, 85 P.L. 726 (1958), as amended (the “Act”).

Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes.

Skyframe Aerial LLC does not operate its UASs with less than twenty five percent battery capacity. Safety systems in

place include a GPS mode that allows Skyframe Aerial’s UASs to hover in place if communication with the radio

control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. Further, Skyframe Aerial

LLC’s fleet is programmed, in some instances, to return to a safety point if communications are lost.

Skyframe Aerial LLC does not operate its UASs near airports and generally does not operate them near populated

areas. To date, Skyframe Aerial LLC has only operated its fleet for training purposes away from populated areas.

Skyframe Aerial LLC only operates its UASs in predetermined areas and only in compliance with well-regarded safety

protocols such as those contained within the well-established and commonly known Motion Picture and Television

Operations Manual.

Skyframe Aerial LLC’s operation of its fleet of small unmanned aircraft will not “create a hazard to users of the

national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of Skyframe Aerial LLC’s

UASs, combined with their operation in cordoned off and well-controlled areas, Skyframe Aerial LLC’s fleet falls

within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to

integrate UASs into the national airspace system. Indeed,Skyframe Aerial’s UASs have a demonstrable safety record

and do not pose any threat to the general public or national security.

4. How Skyframe Aerial LLC’s Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through

manned fixed wing aircraft and helicopters. For small budget production companies and average homeowners the

expense of such aerial videography is cost prohibitive. Only large companies and high end film companies can afford

to absorb such expense, which is where the option of less expensive unmanned systems becomes affordable to

anyone. Manned aircraft pose a threat to the public through potential catastrophic crashes that Wisconsin has come to

expect every year. Wisconsin has a very busy airspace, which is why Skyframe Aerial LLC is pursuing a 333 Exemption

to lead the way for other businesses and/or enthusiast UAS operators. Skyframe Aerial’s main goal is to prove to

public that UAS can be safely used for community awareness and commercial purposes. Skyframe Aerial LLC’s UAS

pose no threat due to their size, maneuverability and lack of combustible fuel - alleviating any potential threat to the

public.

Skyframe Aerial LLC has a strong history of creating video productions furthering the public good; for example,

Skyframe Aerial LLC produced a long-format educational video to promote alternatives to teenage drinking and

driving. For this production Skyframe Aerial LLC worked in junction with local Police, Fire, and Medical personnel. In

this spirit Skyframe Aerial LLC will continue to serve the public good by potentially assisting local emergency

personnel in police, fire, and rescue pursuits where live aerial filming would be a faster and safer means of assessing

dire situations. Both Bill Kult (PIC) and Jim Netwal (PIC) are members of the Onalaska, Wisconsin, Fire Department

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and understand the needs, regulations, and unique complications with gathering critical data before rescue

operations can fully commence.

Granting Skyframe Aerial LLC’s exemption request furthers the public interest. Skyframe Aerial LLC conducts

research into safe UAS operations every time it flies one of its UASs. Flight data, visual inspections, recorded

observations and flight analyses are compiled to further enhance current safety protocols. Allowing Skyframe Aerial

LLC to log more flight time directly relates to its research and its ability to further enhance current safety measures.

Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture

methods, namely, full size helicopters. Skyframe Aerial LLC’s UASs are battery powered and create no emissions. If an

Skyframe Aerial UAS crashes there is no fuel to ignite and explode. The impact of Skyframe Aerial LLC’s lightweight

UASs is far less than a full size helicopter, notwithstanding the statistically noteworthy safety record of full size

helicopters used in motion picture capture. The public’s interest is furthered by minimizing ecological and crash

impacts by permitting motion picture capture through Skyframe Aerial LLC’s lightweight UASs.

Additionally, Congress has pronounced that it is in the public’s interest to integrate commercially flown UASs into the

national airspace system, hence the passing of the Reform Act.

5. Reasons Why Skyframe Aerial LLC’s Exemption Will Not Adversely Affect Safety Or How The

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Skyframe Aerial LLC’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated, permitting

Skyframe Aerial LLC to log more flight time in FAA controlled airspace will allow Skyframe Aerial LLC to innovate and

implement new and novel, as of yet undiscovered safety protocols.

In addition, Skyframe Aerial LLC submits the following representations of enhancements to current aerial

videography, photography and aerial surveying techniques:

● Skyframe Aerial LLC utilizes UASs weighing less than 55 pounds;

● Skyframe Aerial LLC only operates its UASs below 400 feet;

● Skyframe Aerial LLC’s UASs only operate for 5-20 minutes per flight;

● Skyframe Aerial LLC lands its UASs when they reach 25% battery power;

●Skyframe Aerial LLC ’s remote control pilots operate Skyframe Aerial LLC’s UASs by line of sight;

●Skyframe Aerial LLC staffs each flight with a remote control pilot and spotter with communication systems

enabling real time communication between them;

●Skyframe Aerial LLC ’s UASs have GPS flight modes whereby they hover and then slowly land if communication

with the remote control pilot is lost or battery power is below 25%:

●Skyframe Aerial LLC actively analyses electronic flight data and other sources of information to constantly

update and enhance safety protocols;

● Skyframe Aerial LLC only operates in reasonably safe environment that are strictly controlled, are away from

power lines, elevated lights, airports and actively populated areas;

● Skyframe Aerial LLC conducts extensive briefings prior to flight, during which safety carries primary

importance;

● Skyframe Aerial LLC always obtains all necessary permissions and permits prior to operation; and,

● Skyframe Aerial LLC has procedures in place to abort flights in the event of safety breaches or potential

danger.

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Skyframe Aerial LLC’s safety protocols provide a level of safety at least equal to existing rules, and in nearly every

instance, greater than existing rules. It is important to note that absent the integration of commercial UASs into our

national airspace system, helicopters are the primary means of aerial motion picture capture. While the safety record

of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. First, the

potential loss of life is diminished because UASs carry no people on board and Skyframe Aerial LLC only operates

them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for

fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of Skyframe Aerial’s UASs

allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, even when close enough to

capture amazing images, Skyframe Aerial LLC’s UASs need not be so close to the objects they are focused on.

Accordingly,Skyframe Aerial LLC’s UASs have operated and will continue to operate at and above current safety

levels.

6. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary

airworthiness certificates in relation to FAR § 91.203(a)(1).

The size, weight and enclosed operational area of Skyframe Aerial LLC’s UAS permits exemption from Part 21 because

Skyframe Aerial’s UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act.

The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C.

§ 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to

areas such as airports and dense populations. Skyframe Aerial LLC’s current and projected UAS's meet or exceed each

of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will

be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers,

and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a safety/flight manual delineating areas of where safety can be defined. The FAA has previously issued

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning

systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are

inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any

such required certifications and registrations at Skyframe Aerial LLC.

B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations.

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Skyframe Aerial LLC, can achieve an equivalent level of safety as achieved by current Regulations because my UAS

does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting

skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial

activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Skyframe Aerial LLC, to operate UAS meets and exceeds

current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at

lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 400 AGL. Skyframe Aerial

LLC, will however operate its UAS in safe areas away from public and traffic, providing a level of safety at least

equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed

of my UAS, an equivalent or higher level of safety will be achieved.

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Skyframe

Aerial LLC’s UAS. However, as a safety precaution Skyframe Aerial LLC inspects its UAS before and after each flight

and follows a maintenance program that involves regular software updates and curative measures for any damaged

hardware. Therefore, an equivalent level of safety will be achieved.

E. Summary:

Skyframe Aerial LLC seeks an exemption from the following Regulations: 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness

Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth

requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size,

weight and enclosed operational area of my UAS permits exemption from Part 21 because Skyframe Aerial LLC’s UAS

meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt

aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of

the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and

dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an

aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the

FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there

are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of

safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular

software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be

achieved.

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7. Additional Information

Bill Kult, Co-Owner and Creative Producer of Skyframe Aerial LLC and the primary Pilot in Command (PIC), as well as

Jim Netwal (PIC) , have flown small remote control multi rotors for over seven (7) years without incident. In that time

both Bill Kult and Jim Netwal have obtained substantial experience and knowledge on how to safely operate remote

control aircraft and UAVs.

As Skyframe Aerial’s primary PIC Bill Kult is fully committed to safety with each flight.

Granting Skyframe Aerial LLC’s request for exemption will reduce current risk levels and thereby enhance safety.

Currently, motion picture image capture relies primarily on the use of larger aircraft running on combustible fuel.

Skyframe Aerial LLC’s craft do not contain potentially explosive fuel, are smaller, lighter and more maneuverable than

conventional rotor aircraft. Further, Skyframe Aerial LLC. operates at lower altitudes and in controlled airspace.

Skyframe Aerial LLC has been analyzing flight data and other information in compiling novel safety protocols and the

implementation of a flight operations manual that exceeds currently accepted means and methods of safe flight.

There are no people on board Skyframe Aerial LLC’s UASs and therefore the likelihood of death or serious bodily

injury is significantly limited. Skyframe Aerial LLC’s operation of its UASs, weighing less than 55 pounds and

travelling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that

achieved under current FARs.

Skyframe Aerial LLC carries comprehensive insurance for all flight operations throughout the United States.

Accordingly, Skyframe Aerial LLC respectfully requests that the FAA grant its exemption request without delay.

Respectfully Submitted,

Bill Kult

Co-Owner and Creative Producer of Skyframe Aerial LLC

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Appendix A

Safe Flight Checklist

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Protocols and Controls

Aerial Cinematography, Photography, Inspection and Research Videos

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial

videos and photography. As such, safety protocols and controls must be implemented through pre-flight preparation

and during flight.

Pre-Flight Protocol

Weather and Natural Environment

∙ Check weather forecasts for wind advisory or other conditions that may impact flight.

∙ Consult five (5) mile radius map for airport vicinity.

∙ Contact respective airport to advise of estimated flight time, estimated flight duration, estimated

elevation of flight, and any other pertinent information

∙ vicinity of trees

∙ flocks of birds that may cause interference and potential flight impact

∙

Power/High Voltage

∙ Check batteries with voltage meter to insure fully charged and ready for use.

∙ Inspect batteries for damage or leakage that may affect proper operation.

∙ Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or

unmanageable/uncontrolled flight.

∙ IR/High Voltage wires, cell/communication towers and radars which may interfere with remote and

flight signal operations

Public Utility and Occupancy

∙ Vicinity of any elevated obstructions that may pose potential flight hazard

∙ Vicinity of roadways with moderate to heavy traffic that can be distracted

∙ Public gatherings that may attract viewers

∙ Optional point of control for best visual site of UAS while in flight

∙ Vicinity of public safety and/or helipads/heliports

∙ Vicinity of light poles and utility wires

∙ Inspect for public and private K-12 schools to ensure privacy of minors and alleviate potential hazards,

panic, and security concerns

Takeoff and Landing

∙ Inspect area for best and safest point of takeoff and landing

∙ If in a subdivision or area that is within 150 feet of a residential street, post warning sign(s)/stand(s)

"Attention Aerial Photography In Progress - Remain Back 150 Feet"

∙ Engage flight radar software app for tracking potential aircraft outside 5 mile airport no-fly zones

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Flight Protocol:

∙ Takeoff and land from same location

∙ Remain alert to birds, sound or aircraft, curious public, and approaching vehicles

∙ Do not allow anyone to engage in conversation or distract the remote control pilot

∙ Restrict flight to minimal elevation sufficient to acquire desired results

∙ Remain prepared for emergency landing at all times

∙ Pay attention to flight time, and possibly set a timer as a safety alert

∙ Land UAS and shut down propulsion immediately following landing

Post Flight:

∙ Disconnect battery to prevent accidental activation of propulsion system

∙ Secure UAS in a safe location

∙ Remove all warning signs from public access areas

Emergency or Suspected Hazard:

Immediately land UAS at safest and closest ground location in the event:

∙ Manned aircraft is heard or seen in vicinity of flight

∙ There is a public gathering within established safety boundary wanting to observe flight

∙ Pilot is being distracted from focusing on flight and safety

∙ Sudden change in weather (wind bursts)

∙ Sudden increase in vehicular traffic in vicinity of flight

∙ Birds enter into proximity of flight

∙ Any sudden unsafe event that can cause collision, distraction or interruption of control

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Appendix B

Safe Flight Manual

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Aerial Cinematography, Photography, Inspection, and Real Estate Videos

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial

videos and photography. Maintaining a record of safe flight for FAA request and determining future UAS safety

protocols is imperative.

Pre-flight check and inspection will be completely in advance of ALL Skyframe Aerial flights and document integrity

will be maintained. All completed documents will be filed at the completion of every flight at Skyframe Aerial’s home

office.

Date Location PIC

Pre-Fight Inspection / Checklist Complete YES NO

COMMENTS

__________________________________________________________________________________________________________________________

Weather Good or Fair

Visibility Good or Fair

Wind Speed Low or Medium

Proximity to airport: _______________Miles

Airport Notified: YES NO DATE:________________ TIME:___________

Airport Contact Name​: __________________________________________________Phone:_____________________________

Nearest major intersection: __________________________________________________________________________________________

Proximity to medium traveled road: ________________________________________________________________________________

Proximity to heavily traveled road: _________________________________________________________________________________

Proximity to congested population:​_________________________________________________________________________________

Approx. Takeoff Time_____________ Actual Takeoff Time_____________

Approx. Landing Time_____________ Actual Landing Time_____________

Estimated Elevation_____________ Actual Max. Elevation_____________

SIGNED (PIC): DATE:

________________________________________________________________________________________________________________________

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