July 25, 2015 

Sublime Aerials, LLC 

307 S. Patterson St. 

Madison, WI 53 703 

608-712-9449 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11ofthe 

Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91. 7 (a); 91.103; 91.119{c); 

91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b). 

Dear Sir or Madam: 

I am the Sublime Aerials, LLC managing member. I am a private pilot, with ratings in Fixed 

Wing and Rotorcraft, and Sport Pilot in Weight Shift Control. I respectfully request 

consideration for an exception to operation of commercial UAS operation. We operate 

Sublime Aerials, LLC at the highest level of safety possible while lowering the operational 

risks to the public. We believe training and professional development is imperative for safe 

UAS operation in the commercial and non-commercial space. We plan to keep our 

operators highly trained, and look forward to helping the FAA with any research needed for 

establishing UAS rules and regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform 

Act") and 14 C.F.R. Part 11, Sublime Aerials, LLC, an operator of Unmanned Aircraft 

Systems ("UAS") specializing in aerial photography for: yacht photography, land surveying, 

real estate photography, industrial survey and building inspection, sporting event 

marketing, agricultural surveying and search operations, is applying for an exemption from 

the Federal Aviation Regulations ("FARs") to allow commercial operation of its UASs, 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. As described below, the 

requested exemption would permit the operation of small UAS under controlled conditions. 

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: 
Name: 

Attn: 

Email: 

Address: 

Sublime Aerials, LLC 

justin K. Beck 

justin@justinkbeck.com 

307 S. Patterson St. 

Madison, WI 53703 

Phone: 608-712-9449 

Regulations from which the exemption is requested: 

• 61.113(a) & (b) 

• 91.7 (a) 

• 91.103 

• 91.119(c) 

• 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) 

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 national airspace system (NAS) before completion of the rulemaking required under 

Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UAS do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability 

• Operation of the UAS in close proximity to airports and populated areas 

• Operation of the UAS within visual line of sight of the operator 

Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "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." I d. §333(c). 

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, and UASs 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 ofthis 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). 

Such operations will insure that the UAS will not create a hazard to users of the national 

airspace system or the public. Given the small size of Sublime Aerials, LLC UASs and the 

environment within which they will operate, Sublime Aerials, LLC UAS operations will 

adhere to the Reform Act's safety requirements. Additionally, approval of this application 

presents no national security issues. Based on the substantial level of safety surrounding 

the proposed operations, and the significant public benefit (enhanced safety), reduction in 

environmental impacts (reduced emissions and noise), the grant of the requested 

exemption is in the public interest. Accordingly, Sublime Aerials, LLC respectfully 

requests that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

Sublime Aerials, LLC currently operates three different types of UASs. 

• DJI Phantom 2 

• DJI Phantom 3 

• DJI Inspire 1 

The Phantom 2, Phantom 3, and the Inspire 1 are highly successful consumer grade UAS 

Quadcopters designed to carry a high definition (HD) camera powered by four electric 

motors. It utilizes an internal inertial measuring unit (IMU) with integrated barometric 

sensor augmented with global positioning system (GPS) to maintain its geospatial 

orientation and position. It is controlled primarily through an FCC certified radio control 

(RC) unit. Real time video and telemetry information is transmitted back to a ground 

control station allowing the operator andjor PIC to monitor battery level, GPS signal 

strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It 

has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by 

the on board flight controller system and maximum altitude can be preprogrammed by the 

PIC. The flight controller /iPad will warn the pilot via telemetry and external lighting cues 

before reaching a low battery state. An automatic termination of flight and landing will be 

initiated when the battery reaches a predetermined low state. 

All UAS operations conducted by Sublime Aerials, LLC will: 

• Weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). 
• Operate at speeds of no more than SO knots, can hover, and can simultaneously 

move vertically and horizontally. 

• Only operate its UAS in line of sight of the operator (PIC). 

• Limit each operational flight to 30 minutes or less. Flights will be terminated at 25% 

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

• Operated at an altitude of no more than 400 feet AGL. 

• Be operated by a FAA licensed airman with at least a private pilot's certificate and 

third class medical. 

• Be operated at a lateral distance of at least 100 feet from any inhabited structures, 

buildings, vehicles, vessels, or people not associated with the operation or who have 

not signed a waiver in advance of the operation. 

• Require operators (PIC) to check for any Temporary Flight Restrictions (TFR) by 

calling 1800 WX Brief or other service for the area of operation to make sure they 

will not violate National Airspace System (NAS). 

• Have the capability to return to a pre-determined location if the UAS loses 

communications or loses its GPS signal 

• Have the ability to communicate if needed by Radio or Phone. Operators (PIC) 

during all UAS operation have the local Flight Standards District Offices (FSDO) and 

the closest airport control towers phone number and frequency. 

• Be entered and tracked in our aircraft management software. The software tracks 

all of the components of the UAS as well as flight time for the UAS and pilot. It will 

not allow maintenance to be overflown, thereby enhancing the safety of the 

program. 

DISCUSSION OF EXCEPTIONS REQUESTED 

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

Command 
Sections 61.113 (a) and {b) limit private pilots to non-commercial operations. 

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

the equivalent level of safety of current operations by requiring the PIC operating the 

aircraft to have a private pilot's license rather than a commercial pilot's license to operate a 

small UAS. 

Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based 

Operator. The operational area is controlled and restricted, and all flights are planned and 

coordinated in advance. The level of safety exceeds that provided by a single individual 

holding a commercial pilot's certificate operating a conventional aircraft. The risks 

associated with the use of a UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the 

PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). 

14 C.F.R. § 91.7 (a) Civil aircraft airworthiness 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

Since no FAA regulatory standard exists for determining airworthiness ofthe UAS, the 

regulation will need an exemption. Sublime Aerials, LLC compliance with our operating 

documents will be sufficient means for determining an airworthy condition. 

14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of 

flight. 

As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. 

However, an equivalent level of safety will be provided. The PJC will take all actions, 

including reviewing weather, flight battery requirements, Notices to Airmen (NOT AM), 

landing and takeoff distances, and aircraft performance data before commencement of 

flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 

provides, in pertinent part, that: 

" ... except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: ..... 
{b) Over other than congested areas. An altitude of500 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." 

Because Sublime Aerials, LLC requests authority to operate at altitudes only up to 400 

AGL, an exemption is needed to allow such operations. 

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 UAS 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 Jist 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 UAS provides approximately 30 minutes of powered flight. To 

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

limiting factor. Given the limitations on the UAS on exemption may be needed. 

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 o civil aircraft unless it has 

within it the following: {1) on appropriate and current airworthiness certificate. 

{b) No person may operate o 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 UAS fully loaded weigh is no more than 55 lbs and is operated without an on board 

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the UASs. An equivalent level of safety will be achieved by keeping 

these documents at the ground control point where the controller (Pie) of the UAS will 

have immediate access to them, to the extent they are applicable to the UAS. 

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 UAS are very limited in size and will carry a small 

payload. If mechanical issues arise the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. The operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log book of any 

maintenance performed as well as track all flight hours. The operator 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. An equivalent level of safety will be achieved 

because maintenance and inspections will be performed in accordance with the UAS 

Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided in the 

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

initiating flight and perform required maintenance needed. 

SUMMARY FOR PUBLICATION 

Sublime Aerials, LLC seeks an exemption from the following rules: 

14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151(a); 91.405(a); 

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

To operate commercially small unmanned vehicle (55 lbs or less) in yacht photography, 

land surveying, real estate photography, agricultural surveying and search operations. 

Approval of exemptions allowing UASs commercial operations in the areas list above will 

enhance safety by reducing risk. A UAS weighing fewer than 55 lbs. and powered by 
batteries eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board traditional aircraft performing the same function. The UAS will carry 

no passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. The operation of small UAS 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 UASs operate at very slow speeds, close 

to the ground, 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 areas with the property owner's prior 

consent and knowledge. Filming will be only of people who have given their consent or 

otherwise have agreed to be in the area where filming will take place. Satisfaction of the 

criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating 

capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security) provide more than adequate justification to grant Sublime 

Aerials, LLC requested exemption. 

If you have any questions or need any additional information, please contact me at 608-

712-9449 or justin@justinkbeck.com 

Sincerely, 

Sublime Aerials, LLC 

y 1<- k____ 

Justin K. Beck 

Managing Member