February 15, 2016

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

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

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Austin Everett, operator 

of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Second Sky Studios LLC, 

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

operation of its UAS, 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. 

I would like to formally submit for an exemption from part 21, subpart H; and Sections 

45.23(b), 91.7(a), 91.9(b)(2), 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). This proposed exemption would allow the operation of unmanned aircraft systems 

(UAS) for the purpose of aerial videography and photography real estate purposes and 

events. 

Applicant:

Austin Everett 

Owner

Second Sky Studios LLC 

790 W 900 N #1236 NSL UT 84054 

808.312.0889

Commercial operation of an UAS, as described herein, which are equipped with camera and 

sensors, would operate in the following manner: 
• Aerial photography and/or video for public and/or private use including real estate and 

other related professional activities.

• Aerial video and/or photography for public and/or private use including public and 

private events. 

As described fully below, the requested exemption would permit the operation of a UAS 

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 responsibilities to “....establish 

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

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a

PHANTOM 2 UAS. We will operate a UAS, the DJI INSPIRE 1 Professional, Model W323, 

which is comprised of an unmanned aircraft (UA or Phantom), an attached 4K camera and a 

transportable ground station.

The INSPIRE 1 is a quad-copter with a gross weight of 2.8 pounds. It is equipped with four 

rotors that are driven by electric motors powered by batteries. The UA has a maximum 

airspeed of 16 m/s. It will be operated over various metropolitan areas, primarily around 

Charleston, SC, to augment real estate listing videos, capture event areal video and 

photography, and related business operations. 

UAS Operating Parameters 

We will abide by the following additional operating conditions under this exemption, which 

ensures a level of safety at least equal to existing rules: 

 • operate UAS below 300 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation; 

 • obtain permission from the owner/controller of any vessels, vehicles and structures 

when operations may be conducted closer than 500 feet to any such vessels, vehicles 

or structures; we will conduct a safety assessment of the risk of operating closer to 

those objects and determine that it does not present an undue hazard; 

 • operate the UAS for 5-10 minutes per flight; 
 • land UAS prior to the manufacturer’s recommended minimum level of battery power; 

 • operate UAS during daylight hours only within visual line of sight (VLOS); 

 • use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers 

and then 

slowly lands if communication with the remote control pilot is lost; 

 • conduct all operations under the flight safety protocols (including posting a warning 

sign 

reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) 

contained in the operating documents and will actively analyze flight data and other 

sources of information to constantly update and enhance safety protocols; 

 • contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent information; 

 • always obtain all necessary permissions prior to operation; have procedures in place 

to abort flights in the event of safety breaches or potential danger; 

 • only operate in safe environments that are strictly controlled, are away from power 

lines, elevated lights, airports and densely populated areas (defined by areas 

depicted in “yellow” on VFR charts and through obtaining information regarding 

congested areas from the local Flight Standards District Office (FSDO); 

 • conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference INSPIRE 1 Flying Flow Chart and User Manual). 

Regarding UAS operational training, we have flown numerous practice flights in 

remote areas as hobbyists simulating flights for future commercial use to gain 

familiarization with the characteristics of the UAS’ performance under different 

temperature and weather conditions. 
Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 

14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours 

logged as a UAS pilot with a multi-rotor UAS. The PIC will also have accumulated and 

logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to 

be used for operations. In addition to the hour requirements, the PIC will accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes) prior to any flight. 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated with the UA, we feel an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §

91.203(a) and (b) (Certifications required), subject to certain conditions and limitations,

is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 

11 and Section 333 of P.L. 112-95 (Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have 

a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the twoinch lettering is difficult to place on such a small aircraft with dimensions smaller than the 

minimal lettering requirement. Regardless of this, we can mark the UAS in the largest possible 

lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that 

anyone will see the markings. 

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without 

an airworthiness certificate, since there is currently no certificate applicable to our operation, 

this regulation is inapplicable. 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the UAS 

before each flight as outlined in the attached operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the 

aircraft, however since there are no pilots or passengers on board the aircraft and given its 

size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved 

by maintaining a safety/flight manual with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of 

civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. 

We will not operate our UAS above the altitude of 300 feet above ground level (AGL) and 

will also only operate in safe areas away from the public and traffic, thus “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 the UAS, an equivalent or higher level of safety 

will be achieved. 

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS 

utilizes electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions.

The UAV is 100% electric and two low battery alerts are issued - per the operating 

documents, the UAV will be landed at the first alert. Also, our flights will last only 5-10 

minutes each, and the UAS has an automated function, which results in immediate landing 

when a low battery is detected and will not begin a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first point of intended landing 

and, assuming normal cruising speed, land the UA with 30% battery power remaining. 

Public Interest 

Aerial photography and videography for real estate and events are proven strategies to 

enhance marketing efforts and increase business success. The industry is not new. However, 

until recently it was conducted through the use of costly manned aircraft, a prohibitive 

business activity for small companies. By granting this exemption I would be able to provide 

affordable services. 

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the operation of our 

UAS will minimize harm to the environment economic growth by providing information to 

companies and the public looking to relocate or build in the metro areas we service. Public 

and private events serviced by our business enhance vibrancy and add culture to the 

community and its citizens. 

Summary 

We will comply with all of the following conditions and limitations should this exemption be 

provided:

1) Operations will be limited to the following aircraft described in the operating documents, 

which is a quad-rotor aircraft weighing 2.8 pounds: INSPIRE 1 Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level

(AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command
(PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual 

line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate 

verbally at all times. The PIC will be designated before the flight and will not transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the 

functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to 

the Administrator upon request. Any revisions to the operating documents will be presented to 

the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. 

If the inspection reveals a condition that affects the safe operation of the UAS, the

UAS will not be operated until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight. The Ground Control Station will be included 

in the preflight inspection. All maintenance and alterations will be properly documented in the 

aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics,

e.g. replacement of a flight critical component, will undergo a functional test flight.

The PIC who conducts the functional test flight will make an entry in the aircraft records.

9) The pre-flight inspection section in the operating documents will account for all 

discrepancies,

i.e. inoperable components, items, or equipment, not already covered in the relevant sections 

of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations will be 

noted in the aircraft records, including total flight hours, description of work accomplished, 

and the signature of the authorized person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

14) UAS operations will be conducted by a PIC possessing at least a private pilot certificate 

and at least a current third-class medical certificate. The PIC will 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.

15) Prior to operations conducted for the purpose of aerial videography/photography and 

for real estate listing videos and public and private events and similar operations, the PIC will 
have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 

25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS.

16) Prior to operations conducted for the purpose of aerial videography/photography and 

for real estate listing videos and public and private events and similar operations, the PIC will 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 

hours as UAS pilot operating the make and model of the UAS to be used in operations. The 

PIC will accomplish 3 take-offs and landings in the preceding 90 days.

17) The PIC will not operate the UAS for the purpose of aerial videography/photography 

and for real estate listing videos and public and private events and similar operations, unless 

the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the 

ability to safely operate the UAS in a manner consistent with the operating documents, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC).

19) The UA will not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA-published aeronautical chart.

20) The UA will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

21) If a UA loses communications or loses its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents.

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

23) The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and land 

the UA with 30% battery power remaining.

24) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation.

25) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at 

the Ground Control Station of the UAS any time the UAS is operating. These documents will 

be made available to the Administrator or any law enforcement official upon request. 
27) The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.

29) The UA will not be operated over congested or densely populated areas. 

30) Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UA and/or debris in the event of an accident. We will ensure that nonparticipating persons 

remain under such protection. If a situation arises where nonparticipating

persons leave such protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission and the PIC has

made a safety assessment of the risk of operating closer to those objects and determined that 

it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

31) All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be 

conducted.

32) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to the 

FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web 

site: www.ntsb.gov. 

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

foreverett@gmail.com or austin@secondskystudios.com or 808.312.0889

Thank you, 

Austin Everett

Owner

Second Sky Studios