ALTITUDE MEDIA 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington. DC 20590 

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Re: Exemption Request Section 333 of the FAA Reform Act 

Dear Sir/Madam, 

May 1, 2015 

This petition is being submitted on our own behalf without legal counsel or consulting services. 

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

and 14 C.F.R. Part 11, SKYLVL, LLC ("SKYLVL"}, a Texas based limited liability company, 

operating a Small Unmanned Aircraft System ("sUAS") equipped to conduct aerial photography 

and survey for various industries, hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace 

regulated by the Federal Aviation Administration (FAA), so long as such operations are conducted 

with and under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

The requested exemption would permit SKYLVL to pursue its commercial interests in providing 

services to consumers interested in aerial data capture using a small advanced sUAS in the 

following areas: 

• Media Production 

• Real Estate Photography 

• Agricultural & Land Surveying 

• Aerial Mapping 

• Search and Rescue Operations 

• sUAS Operator Training 

• Product Demonstrations 

• Research and Development 

SKYLVL states that all sUAS flights that will occur over private or controlled access property will do 

so with the property owner's prior consent and knowledge and that only people who have 

consented or otherwise have agreed to be in the area where photography and videography will 

take place will be captured in identifiable form. 

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Additionally, SKYLVL PIGs (Pilot-In-Command) will hold, at minimum, a Recreational or Sport pilot 

certificate. If observers are not qualified pilots, they will be trained by SKYLVL pilots to understand 

the proper roles of an observer, communication procedures, proper visual scan techniques, 

ope·rations at non-towered airports, and appropriate sections of the Aeronautical Information 

Manual. 
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) and (b) 

14 C.F.R. 91.7 (a) 

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

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. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F .R. (91.401 - 91.417) 

Small Unmanned Aircraft System (sUAS) 

sUAS are a feasible method to obtain information of agricultural cropland to determine optimum 

inputs that result in cost savings to farmers, yield security, and reduce environmental impact of 

excess fertilizers and chemicals in the soil. sUAS are a feasible method to perform valuable 

commercial media, film and photography functions more safely and effectively than other methods. 

sUAS are a feasible method for capturing imagery for survey and 3D mapping. sUAS are a feasible 

method of assisting in coordinated Search-And-Rescue operations with the authorization of local 

authorities. 

We are petitioning for exemption to enable SKYLVL to operate a DJI Phantom 2 multi-rotor 

equipped with a three-axis gimbaled camera, a Cinestar x8 multi-rotor equipped with a three-axis 

gimbaled camera, a Cinestar 6 multi-rotor equipped with a single axis panoramic camera gimbal, a 

DJI F550 multi-rotor equipped with a three-axis gimbaled camera, and a Carboncore Cortex multirotor equipped with a three-axis gimbaled camera. These sUAS all weigh less than 55 lbs, all have 

a built-in capability to limit the height flown above the ground and to limit the radius of the distance 

flown from the operator and to exclude the sUAS from Class B, C and D airspace including a no 

fly zone feature. Each system also has the failsafe function of the autopilot system, which means 

that when the communication between the Main Controller and the transmitter is lost, the system 

will automatically trigger Return to Home and will land safely at the original launch point. 

Each SKYLVL sUAS utilizes four or eight counter-rotating propellers for balance, control and 

stability in all segments of flight. Each craft weighs less than 55 pounds, including cinematic and 

other equipment. Each small unmanned aircraft is 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. 

The above specifications meet standards listed below, some derived in accordance with the Model 

Aircraft Operating Standards: 

• 

• 

• 

• 

The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will 

operate at a 'sufficient distance' from populated areas. Such operations will insure that the 

sUAS will "not create a hazard to users of the national airspace system or the public." 

When flying sUAS within 3 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft. 

During sUAS operations, the petitioner will place visual notifications at the operation 

site to alert any nearby persons that sUAS operations are in progress. 

Maximum flight time for each operational flight will be 60 minutes . 
• Flights will be terminated at 25% battery power reserve should that occur prior to the 60 

minute limit. 

• The sUAS will be programmed so that it will not be operated at an altitude of no more than 

600 feet AGL, and not more than 200 feet above an elevated platform from which filming 

is planned. 

• Minimum crew for sUAS operations will consist of the sUAS Pilot and the Visual Observer. 

• The sUAS PIC's (Pilot in Command) will hold a FAA Recreational or Sport, Private Pilot or 

Commercial Pilot Certificate. 

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbal). 

• The sUAS will operate at speeds of no more than 55 knots. 

• Given the small size of the sUAS and the restricted sterile environment within which they 

will operate, our sUAS operations adhere to the Reform Act's safety requirements. 

SKYL VL 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 § 3 3 3 (b). Given the small size and weight 

of SKYLVL sUAS, combined with their safety focused operation standards, SKYLVL flight 

operations fall within Congress's contemplated safety zone when it disseminated the Reform 

Act and the corresponding directive to integrate UASs into the national airspace system. 

SKYL VL sUAS have a demonstrable safety record and do not pose any threat to the general 

public or national security. 

SKYL VL operators have extensive knowledge of and experience with sUAS systems, and have a 

high regard to safety and coordination with general aviation. SKYLVL has participated in volunteer 

operations with the Texas Civil Air Patrol, conducting Search & Rescue missions using sUAS in 

conjunction with manned aircraft to locate missing persons and downed aircraft. These 

experiences provide SKYLVL with the capability to conduct sUAS operations with the highest 

regard to safety and to conduct training for new sUAS pilots. 

Additionally, the fact that the SKYLVL pilots hold FAA Recreational or Sport Pilot certificates 

demonstrates that they have a high regard to safe operations with an understanding of FARs, preflight inspections, maintenance and repair, operations within airspace, as well as being trained to 

high safety standards. 

Under the requested exemption, SKYLVL ensures that all operators have completed a small 

unmanned aircraft systems (UAS) education and training program including all applicable 

regulations and guidance documents; including aeronautical background information such as 

charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and 

Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and 

Decision-making and Safe Operating Procedures. 

We respectfully request exemption under Section 333 to enable SKYLVL to operate safe, low-risk 

commercial sUAS operations for the activities stated. SKYLVL, at all times, will respect the space 

and privacy of citizens and property whilst keeping our skies safe. 

Sincerely 

7(/. ~(JU~ 

W. Ross Cromartie 

Director of Operations 

SKYLVL LLC 

1712 Mary Street 

Dallas, TX 75206 

214-649-5205 
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

SKYL VL requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAS System: 

14 CFR Part 21, Airworthiness Certificates 

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Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart 

H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR§ 91.203(a)(1 ). Given the size of the aircraft and the 

limited operating area associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such an 

exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the-requirement for an airworthiness certificate, upon consideration of 

the size, weight, speed, operational capability, and proximity to airports and populated areas of the 

UAS involved. In this case, an analysis of these criteria demonstrates that the SKYL VL UASs 

operated without an airworthiness certificate, under the conditions proposed herein, will be at least 

as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness 

certificate. The UASs will remain less than 55 lbs. GTOW, will not carry a pilot or passenger, will not 

carry flammable fuel, and will operate exclusively within an area predisclosed and in compliance 

with conditions set forth herein. Operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the conditions set forth above, and by local public 

safety requirements. The FAA will have advance notice of all qperations through the filings with the 

FSDO. Receipt of the prior permission of the land owner, or controlling authority, the size of the 

aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not 

flown there all establish the equivalent level of safety. The UASs construction with absorbent 

material provides at least an equivalent level of safety to that of such operations being conducted 

with conventional aircraft that would be orders of magnitude larger and would be carrying 

passengers, cargo, and flammable fuel. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

I 

These regulations provide that each aircraft must display "N" and the aircraft's registration number 

in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" 

;in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAS 

jl does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have 

a registration number assigned to it by the FAA. We propose to achieve an equivalent level of 

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown 

above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will 

be able to see the designation. Additionally, we feel that the permanent placard discussed in the 

previous paragraph will provide the aircraft's registration information at. the ground station. Finally, 

/ we will display at the ground station a high contrast flag or banner that contains the words 

/ "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will 

operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes 

the aircraft and chooses to investigate its point of origin. 
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14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 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. Our proposed operations require that the PIC must hold at least 

a Recreational or Sport Pilot Certificate issued by the FAA and since the aircraft cannot carry 

passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the 

intent of this application is to conduct a business. 

14 CFR 91.7 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 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an equivalent 

level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight 

Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing 

for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System ground-based 

control station consists of a small hand-held radio transmitter and while it does not offer a second 

set of "controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands-on" the controls during flight, we 

feel that this technique meets the intent 91.109 and provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS 

would be photography or survey of persons, vessels, vehicles or structures it would be necessary 

to operate closer than 500 feet to the items listed. Operations will only be flown over property or 

persons where permission has been obtained and careful pre-planned has been performed. The 

aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. Therefore we maintain that due to the 

small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to 

manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and will 

not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS 

on-board computer to the display screen held by the PIC, providing a constantly updated AGL 

readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 
The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 

30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety 

buffer for delays to landing. The sUAS are battery operated and the maximum duration of flight from 

a single battery charge is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the 

aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at 

launch will ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also 

request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to 

the point of intended landing and have at least a 20% battery reserve after that. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew." With our largest vehicle, the RF-70, at a maximum gross weight of 

13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not 

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent 

of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. In 

order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." 

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is 

limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of 

the aircraft, the PIC can ensure an equivalent level of safety.