General Comment:Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: Sky Squirrel Studios LLC

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF 

THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 

91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI 

Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 

OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 

112-95)

Benjamin Swygart

Partner

Sky Squirrel Studios LLC

1030 West Packard Ave.

Fort Wayne, IN 46807

(260) 675-6314

benjaminswygart@gmai.com
Dear Sir	or	Madam:	

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

act)	and	CFR	Part	11,	Sky	Squirrel	Studio,	LLC ,	owner	and	operator	of	Small	Unmanned	

Aircraft	Systems	(UASs),	request	to	be	exempted	from	the	Federal	Aviation	Regulations	

(FAR)	listed	below	so	that	Buffalo	Aerial	Photography	may	operate	UASs	commercially	in	

airspace	regulated	by	the	FAA.,	as	long	as	such	operations	are	conducted	within	and	

under	the	conditions	outlined	herein	or	as	maybe	established	by	the	FAA	as	required	by	

Section	333.	

Sky	Squirrel	Studio,	LLC partners, Benjamin	Swygart	and	William	Swygart, will	be	the	

pilot	in	charge	and	All	operations	will	be	performed	with	the	public’s	safety	and	right	to	

privacy	safe	guarded	at	all	times.	

As	described	below,	the	requested	exception	would	permit	the	operation	of	light	weight	

(less	than	55	lbs.	total	takeoff	weight)	UASs	under	controlled	conditions	for	commercial	

use	by	a	certified	private	pilot	thereby	enhancing	safety	and	fulfilling	the	Secretary	of	

Transportation’s	(	the	FAA	Administrator’s)	responsibility	to”	establish	requirements	for	

safe	operation	of	such	aircraft	systems	in	national	airspace	systems.”	Section	333(c),	of	

the	Reform	Act.	

Sky	Squirrel	Studio,	LLC UASs	are	rotorcraft	weighing	less	than	55	pounds	including	

payload.	(The	DJI	Phantom	3	Professional) They	operate	at	a	speed	less	than	50	knots	

and	have	the	capability	to	hover	and	move	in	the	vertical	and	horizontal	plane	

simultaneously.	Both	have	an	auto	return	to	launch	point	when	battery	power	is	under	

25%.	The	UAS	will	operate	within	the	line	of	sight	with	in	a	protected	flight	area	as	

described	below	and	at	400	feet	AGL	or	less	with	an	observer	located	close	at	hand	as	to	

make	voice	communication	possible.	These	operations	will	not	create	a	hazard	to	users	

of	the	nation	airspace,	public	nor	the	environment.	

Sky	Squirrel	Studio,	LLC respectfully	requests	the	grant	of	an	exception	to	the	following	

specific	sections	of	the	Title	14	Code	of	Federal	regulations	allowing	it	to	operate	

lightweight	UASs	for	commercial	use,	14	CFR	21,	subpart	H,	14	CFR	45.23	(b)	14	CFR	91.7	

(a),	91.9	(b)	(2)	91.103	(b),	91.109,	91.119,	91.121,91.151,(a),	91.203(a)	

&(b),91.405(a),91.407(a)(1),	91.409(a)&(b).	

Sky	Squirrel	Studio,	LLC submits	this	application	in	accordance	with	the	Reform	Act	,112	

P.L.	95	331-334,	seeking	relief	from	any	currently	applicable	FAR’S	operating	to	prevent	

Sky	Squirrel	Studio,	LLC future	commercial	use	of	small	UASs	to	operate	in	the	national	

airspace	system	as	described	below.	The	reform	Act	section	332	provides	for	such	

integration	of	civil	unmanned	aircraft	into	our	national	airspace	system	as	it	is	in	the	

public’s	interest	to	do	so.	Sky	Squirrel	Studio,	LLC UASs	meet	the	definition	of	“small	

unmanned	aircraft”	as	defined	in	Section	331	and	therefor	the	integration	of	these	UASs	

are	expressly	contemplated	by	the	Reform	Act.	Sky	Squirrel	Studio,	LLC would	like	to	
operate	its	light	weight	UASs	prior	to	the	time	period	by	which	the	Reform	Act	requires	

the	FAA	to	promulgate	rules	governing	such	aircraft.	

The	Reform	Act	directs	the	Secretary	of	Transportation	to	consider	whether	certain	

unmanned	aircraft	systems	may	operate	safely	in	national	airspace	before	completion	

of	the	rule	making	required	under	Section	332	of	the	reform	Act.	In	making	this	

determination,	the	Secretary	of	Transportation	is	required	to	determine	which	UASs	do	

create	a	hazard	to	users	of	the	national	airspace	system	or	the	public	or	pose	a	threat	to	

national	security	in	light	of	the	following:	

The	UASs	size,	speed,	weight	and	operational	capability

Operation	of	the	UASs	in	close	proximity	to	airports	and	populated	areas	Operation	of	

the	UASs	within	visual	line	of	sight	of	the	operator	Reform	Act	333(a).	If	the	secretary	

determines	that	such	vehicles	“may	operate	safely	in	National	Airspace	System,	the	

secretary	shall	establish	requirements	for	the	safe	operation in	national	airspace.	

Sky	Squirrel	Studio,	LLC UASs	are	rotorcraft	weighing	less	than	55	lbs.	and	they	operate	

at	speeds	less	than	50	knots	and	have	the	capability	to	operate	in	the	vertical	and	

horizontal	plane	simultaneously.	The	UASs	will	operate	only	within	the	line	of	sight	of	

the	operator	within	a	protected	flight	area	and	at	400	feet	AGL	or	less.	These	will	not	

present	a	hazard	to	the	national	airspace	nor	the	public.	

The	very	small	nature	of	these	UASs	combined	with	the	safe	guards	presented	below,	

will	allow	for	the	safe	operation	greater	than	that	envisioned	by	Congress	for	the	FAA	to	

establish	and	by	exemption	allow	commercial	operations	of	UASs	to	commence	

immediately.	Also	due	to	the	size	of	UASs	and	the	areas	and	altitudes	they	will	operate	

approval	of	this	exception	presents	no	national	security	issues	and	absolutely	minimal	

safety	concerns	which	have	been	mitigated	through	our	rigorous	risk	management	

process.	Given	the	clear	direction	given	in	Section	333	of	the	Reform	Act,	the	authority	

contained	in	the	Federal	Aviation	Act,	as	amended,	the	strong	equivalent	level	of	

enhanced	safety,	reduced	emissions	utilizing	UASs	verses	traditional	aircraft	as	well	as	

the	economic	impact	of	greatly	reducing	the	cost	of	aerial	photography	thereby	

benefiting	the	greater	public’s	interest.	Accordingly,	the	applicant	requests	that	the	FAA	

grant	the	requested	exemption	without	delay.	

The	following	will	be	considered	as	the	binding	limitation	on	operations	of	Sky	Squirrel	

Studio,	LLC

1. Flights	will	only	occur	in	the	day	time	hours,	

2. Flights	will	be	operated	in	the	line	of	sight	of	the	operator(	PIC)	and	

Observer,(VSO)	

3. Flights	will	be	terminated	at	any	time	weather	and	wind	deteriorate	to	“unsafe	

for	flight”	by	manufacturers	recommendations,	

4. The	UASs	will	weigh	less	that	55	lbs.,	
5. Flights	will	be	operated	at	400	feet	AGL	or	less.	

6. Crew	will	be	at	a	minimum	of	operator(PIC)	and	an	observer	and/or	camera	

operator(VSO),	

7. Operator	and	crew	will	remain	in contact	during	the	flight	operation,	

8. The	UASs	operator	will	perform	a	check	of	the	flight	area	and	make	certain	of	the	

safety	of	all	persons	in	the	area,	

9. Consent	will	be	obtained	from	all	persons	with	in	the	video	capabilities	of	the	

units	to further	reduce	the	chance	of	violating	anyone’s	privacy.	

10. All	required	FAA	clearances,	will	be	obtained	and	distances	from	airports	strictly	

observed.	

11. All	UASs	will	have	the	capability	to	return	automatically	to	the	operator	in	a	safe	

manner	with	the	auto	return	function	checked	and	working.	

12. When	operated	in	conjunction	with	fishing	vessels	in	the	gulf,	a	chase	boat	will	

be	assigned	to	operate	the	UASs	at	a	safe	distance	from	the	main	fishing	boat.	

13. Flights	will	only	operate	in	VFR	conditions.	

14. UASs	have	a	function	on	the	control	to	tell	operator	the	distance	away	from	the	

operator	and	its	battery	power	remaining.	

15. Flight	team	will	communicate	by	voice	and	the	use	of	two-way	radio	if	the	area	is	

too	big	to	hear	voice	from	all	team	members.	

16. UASs	will	be	used	to	video	private	outings	and	functions,	boating,	jet	skiing,	

kayaking,	Real	estate	photos	and	sporting	events	from	a	safe	distance,	.	

17. 17.	When	operating	over	or	near	water	the	UASs	will	be	equipped	with	flotation	

devices	so	that	recovery	can	be	made	as	to	prevent	lithium	battery	exposure	to	

the	water	table.	

14	CFR	part	21	Subpart	H:	Airworthiness	Certificate	14	CFR	91.7(a),	91.203(a)(1)	

Subpart	H,	entitled	Airworthiness	Certificates,	sets	forth	requirements	for	procurement	

of	necessary	certificates	in	relation	to	FAR	91.203(a)(1).	The	size,	weight	and	defined	

area	of	operations	for	Sky	Squirrel	Studio,	LLC UASs	flights	permits	exception	from	Part	

21	because	they	meet	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	USC	4470(f)	and	Section	333	of	the	Reform	Act.	

Both	pieces	of	legislation	permit	the	FAA	to	exempt	UASs	from	airworthiness	certificates	

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

airports	and	dense	populations.	Buffalo	Aerial	Photography	meets	or	exceeds	each	of	

these	elements	

As	of	March	23,	2015	the	FAA	has	stated	that	it	will	automatically	grant	a	“blanket”	COA	

for	flights	at	or	under	400	AGL	to	any	UASs	operator	with	a	section	333	exemption.	

14	CFR	91.203(a&b)	provides	for	carrying	of	civil	aircraft	certifications	and	registrations.	

These	are	inapplicable	for	the	same	reasons	stated	above.	The	equivalent	level of	safety	
will	be	achieved	by	maintaining	such	certifications	and	registrations	at	Buffalo	Aerial	

Photography	operations	center.	

14CFR91.7	(a)	prohibits	the	operation	of	an	aircraft	without	an	airworthiness	certificate.	

As	no	such	certificate	will	be	applicable	in	the	form	contemplated	by	FAR’s	this	

regulation	is	inapplicable.	

14	CFR	91.9(b)(2)	Civil	Aircraft	Flight	Manual	in	Aircraft	

14	CFR	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	UASs	this	regulation	is	inapplicable.	

Anequivalent	level	of	safety	will	be	achieved	by	maintaining	such	certifications	and	

registrations	at.	Buffalo	Aerial	Photography.	The	FAA	has	previously	issued	exemptions	

to	this	regulation	in	Exemptions	No’s	

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700	and	32827.	

14	CFR	91.119	Minimum	safe	altitudes,	prescribes	safe	altitudes	for	operation	of	civil	

aircraft.	It	allows	helicopters	to	be	operated	at	lower	altitudes	in	certain	conditions.	

Buffalo	Aerial	Photography	will	only	operate	its	UASs	at	or	below	400AGL.	They	will	be	

operated	on	a	will	defined	AOR	that	has	been	carefully	reviewed	for	hazards	and	

minimizes	the	presence	of	any	persons	not	essential	for	these	operations.	Flights	will

only	be	over	private	property	that	the	owner	has	consented	and	all	persons	within	this	

video	area	also	give	consent	for	this	filming.	Compared	to	flight	operations	of	

conventional	and	traditional	aircraft	or	rotorcraft	weighing	far	more	than	50	lbs.,	

operating	below	500	AGL	with	flammable	fuel	UASs	operations	present	a	far	smaller	risk	

to	the	public.	

Approval	of	these	333	Exemptions	allowing	commercial	operations	of	small	UASs	in	the	

service	of	aerial	photography	will	greatly	enhance	safety	by	reducing	the	overall	risk

associated	with	traditional	aircraft.	Traditional	aerial	photography	requires	large	aircraft	

with	flammable	fuel	to	fly	in	close	proximity	of	populated	areas	and	people	in	general.	

With	the	use	of	small	UASs	of	55	lbs.	or	less,	battery	operated	and	fling	below	400	feet	

AGL	the	risk	of	injury	of	people	on	the	ground	or	the	crew	has	been	reduced	or	almost	

erased.	The	granting	of	the	use	of	these	small	UASs	by	Sky	Squirrel	Studio,	LLC will	give	

the	people	another	avenue	to	express	themselves and	to	have	a	video	record	to	share	

with	family	and	friends	forever.	

Sky	Squirrel	Studio,	LLC the	above	exemption	will	allow	for	the	expansion	of	UAS	

systems	into	the	future	for	the	safe	conduct	of	free	enterprise	and	the	enjoyment	of	the	

masses.	
Sky	Squirrel	Studio,	LLC respectfully	requests	the	FAA	grant	its	exception	without	delay.	

The	FAA	has	the	authority	to	issue	the	exemption	sought	by	Sky	Squirrel	Studio,	LLC

pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726	(1958)	as	amended	(the	ACT).	

Sincerely	

Benjamin	Swygart

Partner

Sky	Squirrel	Studio,	LLC

1030	West	Packard	Ave.	

Fort	Wayne	In,46807

benjaminswygart@gmai.com