September 10, 2015

Exemption No. 12806

Regulatory Docket No. FAA−2015−1836

Mr. Dustin K. Newkirk

SkyActiv Media, LLC

P.O. Box 935

Jacksonville, OR 97530

Dear Mr. Newkirk:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 11, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of SkyActiv Media, LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

surveying, event photography/videography, agriculture purposes, real estate photography, 

closed-set filming and aerial photography, construction site inspections/monitoring, and news 

gathering.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 
2

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1 and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, SkyActiv Media, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection 

and closed set motion picture and filming. This exemption is subject to the conditions and 

limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, SkyActiv Media, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming 

are permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

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

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must 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.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must 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. The operator must 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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
SkyActiv Media, LLC

1 | Page – SAM Exemption Request

May 6th, 2015

May 11, 2015

Dustin K. Newkirk

Po Box 935 

Jacksonville, OR 97530

(541) 646-2582

dnewkirk@skyactivmedia.com

Petition of SkyActiv Media, LLC

For Exemption Pursuant to Section 333 

Of the FAA Modernization and Reform Act of 2012

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR

Part 11, SkyActiv Media, LLC (SAM), hereby applies for an exemption from

Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small 

unmanned aerial systems (i.e., sUAS).

This exemption is in accordance with protocols outlined in this petition for exemption, and any 

other requirements established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation by SAM, which uses a DJI Phantom 3 sUAS 

to conduct:

- Aerial surveying

- Event Photography/Videography

- Agriculture purposes

- Real Estate Photography

- Aerial Filmmaking and Photography

- Construction Site Inspections and Monitoring, and

- News Gathering and First Responders.

SAM’s operation under the exemption will be subject to strict operating requirements and 

conditions to ensure an equivalent level of safety to currently authorized operations using manned 

aircraft and under conditions as may be modified by the FAA as required by Section 333.

SAM's sUAS will be operated under controlled VFR conditions at low altitudes. They will operate 

the sUAS’s with pilots who have comprehensive UAV / UAS / Drone flight training for 

competency and new FAA 333 and Part 107 commercial compliance requirements. Finally, when

required, the FAA ATC will approve the airspace in which the sUAS will operate in advance.

SkyActiv Media, LLC respectfully submits this request for an exemption because it operates 

sUAS's. The FAA can have confidence that the operations will be conducted at an equivalent level 

of safety or greater. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of 
SkyActiv Media, LLC

2 | Page – SAM Exemption Request

May 6th, 2015

the Reform Act to “establish requirements for the safe operation of such aircraft systems in the 

national airspace system.”

For your convenience, SAM has organized this Exemption request as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion

I. Petitioner's Description:

SkyActiv Media, LLC, headquartered in Jacksonville, OR, is a company that provides sUAS 

support to news and event videography, real estate and construction site photography, film and 

movie production, precision agricultural purposes, education, and demonstration flights in a 

compliant and safe environment. SAM plans on providing a wide range of services as the sUAS 

market expands.

SAM's goal is to operate in an accident-free environment by:

• Demonstrating a commitment by management and all employees to operate in a compliant 

manner.

• Identifying hazard and risk while eliminating or controlling all these risks.

• Using steps to intervene and report when unsafe work practices appear to exist.

• Training all employees involved in flight operations to operate at the highest standard level.

The contact information for Petitioner is as follows:

SkyActiv Media, LLC

Po Box 935

Jacksonville, OR 97530

Owners:

Dustin Newkirk

Jennifer Newkirk

Office: (541) 646-2582

Email: dnewkirk@skyactivmedia.com

II. Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through 

(c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the 

Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may

operate safely in the National Airspace ("NAS") before completion of the formal UAS rulemaking, 

based on the following considerations:
SkyActiv Media, LLC

3 | Page – SAM Exemption Request

May 6th, 2015

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

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

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

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".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards, and has done so on numerous occasions, when the 

Administrator decides a requested exemption is in the public interest. A party requesting an 

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, 

and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to 

the existing rules).

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, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service:

The Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or 

any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied.

The proposed operations would permit SAM the use of small UAS under controlled conditions in 

airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased 

level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the 

same purpose.

SAM uses sUASs that are multirotor, weighing less than 30 pounds including payload. They 

operate, under normal conditions, at speeds not to exceed 100 mph and have the capability to fly, 

hover, and move in the vertical and horizontal plane. SAM’s sUASs will operate in line of sight, 

during daylight hours, and will only operate within a sterile area. SAM will operate at or below 200

feet AGL and will file a NOTAM for each flight operated in controlled airspace. All required 

permissions and permits would be obtained from territorial, state, county or city jurisdictions, 

including local law enforcement, fire, or other appropriate governmental agencies prior to 

operating a sUAS.

Given the small size of the sUAS’s involved and the restricted sterile environment within which 

they will operate, SAM’s exemption falls within the zone of safety and demonstrates an equivalent 

level of safety, in which Congress desired the FAA to permit commercial UAS operations by 

exemption pending completion of formal rulemaking. Also, due to the size of the sUAS’s and the 

confined area in which the sUAS’s will operate, approval of the application presents no hazard in 

the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 
SkyActiv Media, LLC

4 | Page – SAM Exemption Request

May 6th, 2015

operations, and the significant public benefit, the grant of the requested exemptions is also in the 

public interest.

IV. Description of Proposed Operations

To assist the FAA in its safety assessment of SAM's proposed sUAS operations, below is a 

summary of operational limitations and conditions that will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 30 pounds.

2. Flights will be operated within line of sight of the PIC and observer.

3. Maximum total flight time for each operational flight will be limited to the amount of time 

the sUAS can be flown and still maintain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 200 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, 

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

signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the sUAS Pilot in Command and a Visual 

Observer.

7. The sUAS Pilot in Command will hold at least a sport pilot or recreational pilot certificate 

and a valid U.S. drivers license. 

8. SAM will designate a Pilot in Command (PIC) for each mission.

9. The sUAS will operate only within a confined "Sterile Area".

10. Prior to the operations at a particular location, a site inspection will have been conducted. 

On the day of the mission the management person with operational control and the PIC 

will concur on dispatching of the mission.

11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

missions. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the sterile area be present for this briefing.

12. SAM crew will use the checklist and callouts required in the Operations Manual.

13. All sUAS’s will be maintained in accordance with inspection program specified in the 

manufacturer’s guidelines.

14. In the event of an accident involving an SAM sUAS, they will cease operations and report 

the accident to the NTSB and AFS-80.

15. Pilot in Command and Visual Observer will at all times be able to communicate by voice.

16. Pilot in Command, Visual Observer, Camera Operator, and Operational Personnel will 

have been trained and tested in accordance to FAA, NTSB, and AFS-80 best practices.

17. All required permissions and permits would be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate governmental 

agencies.

18. SAM management will submit a written “Plan of Activities” to the local Flight Standards 

District Office (FSDO) having jurisdiction over the area of proposed filming three days in 

advance of operations during film or movie productions.

19. If the sUAS loses communications signal, the sUAS will have the capability to return to a 

pre-determined location within the Sterile Area and land.

20. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer.

21. The sUAS PIC has the capability to abort a flight in case of unpredicted obstacles or 

emergencies.
SkyActiv Media, LLC

5 | Page – SAM Exemption Request

May 6th, 2015

22. SAM, by following FAA, NTSB, and AFS-80 best practices, will assure no individuals’ 

privacy is violated.

23. Procedures have been established in SAM’s Operations Manual to contact ATC prior to 

operating in airspace other than G.

V. Regulations From Which Exemption is Requested

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in

the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion of the

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance

required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section

333 provides a mechanism for “expedited operation authorization” if several factors are met.

Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following:

A. 14 CFR § 91.103: Preflight Action

SAM requests an exemption from the preflight actions requirements of 14 CFR 91.113 that 

prescribes the preflight actions under which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight.

a. Flight under IFR or a flight not in the vicinity of an airport, weather reports 

and forecasts, fuel requirements, alternatives available if the planned flight 

cannot be completed, and any known traffic delays of which the pilot in 

command has been advised by ATC;

b. For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information:

i. For civil aircraft for which an approved Airplane or Rotorcraft Flight 

Manual containing takeoff and landing distance data is required, the 

takeoff and landing distance data contained therein; and

ii. For civil aircraft other than those specified in paragraph (b)(1) of this 

section, other reliable information appropriate to the aircraft, 

relating to aircraft performance under expected values of airport 

elevation and runway slope, aircraft gross weight, and wind and 

temperature.

SAM will not operate sUAS’s under IFR conditions or when the ceilings are below 1000 feet and 

the visibility is below 3 statute miles. SAM’s sUAS’s do not have a published approved Airplane or 

Rotorcraft Flight Manual containing takeoff and landing distance data.

Equivalent Level of Safety

In adherence to FAA, NTSB, and AFS-80 best practices, the PIC along with the person having 

operational control must follow regulations to assure that the weather will be adequate to complete 

the mission in VFR condition. 

B. 14 CFR 91.113: Right-of-Way Rules

SAM requests an exemption from 14 CFR 91.113 Right-of-way rules, requiring vigilance by each 

person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives 

another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, 

under, or ahead of it unless well clear. 

SkyActiv Media, LLC operates small pilotless UAS’s and cannot comply with these rules as they 

have been written.
SkyActiv Media, LLC

6 | Page – SAM Exemption Request

May 6th, 2015

Equivalent Level of Safety

SAM operates sUAS’s at or below an altitude of 200 feet AGL, well below the normal operating 

altitude of other aircraft. SAM management requires that the Pilot in Command with experience 

oversee each mission and has knowledge of the see-and-avoid rules. A Visual Observer will assist 

the PIC in looking for aircraft entering the operations area. It’s the responsibility of the PIC to 

cease operations and land the UAS immediately whenever an aircraft comes into the vicinity 

creating a potential threat. Operations will not recommence until the threat is clear.

C. 14 CFR. § 91.119: Minimum Safe Altitudes

SAM requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that 

prescribes the minimum safe altitudes under which aircraft may operate:

• Over any congested area of a city, town, or settlement, or over any open air assembly of 

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft.

• Over other than congested areas at an altitude of 500 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.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it 

can be operated "without hazard to persons or property on the surface," provided that "each person 

operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters 

by the FAA."

To provide the intended operations, the sUAS is normally operated below 500 feet AGL. 

Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral 

distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from 

people not associated with the operation.

Equivalent Level of Safety

Compared to normal aircraft, SAM’s multi-rotor and fixed wing aircraft weigh a maximum of 30

pounds, and given the lack of flammable fuel, any risk associated with these operations is far less 

than those that presently exist with conventional aircraft. An equivalent level of safety will be 

achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. 

As set forth in the FAA, NTSB, and AFS-80 best practices, the sUAS will be operated in a sterile 

area, where buildings and people will not be exposed to operations without their pre-obtained 

consent. Because of the advance notice to the property owners and participants, all affected 

individuals will be well aware of the planned flight operations prior to commencement of 

operations.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that are 

subject to the minimum safe altitude regulations. Finally, the successful safety record of the 

Phantom 3 sUAS’s demonstrates that the sUAS can be safely used at these lower altitudes and 

closer operating environments.

D. 14 C.F.R. § 91.121: Altimeter Settings

SAM seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of 

the departure airport or barometric pressure. An exemption is required because the sUAS does 

not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the FAA, 

NTSB, and AFS-80 best practices. SAM will confirm the altitude of the launch site shown on the 
SkyActiv Media, LLC

7 | Page – SAM Exemption Request

May 6th, 2015

GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to 

constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.

E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

SAM requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states:

a. No person may begin 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 –

i. During the day, to fly after that for at least 25 minutes; or

ii. At night, to fly after that for at least 45 minutes.

The batteries powering SAM’s Phantom 3 provide approximately 25-35 minutes of powered flight. 

To meet the 30 minutes reserve requirement in 14 CFR 91.151. Given the limitations on the 

sUAS's proposed flight area and the location of its proposed operations within a predetermined 

area, a safety margin based on a reserve amount of battery life is needed. SAM will not be 

conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on-site 

without significant transit time by the sUAS. All flights will be planned to terminate with no less 

than 25% reserve battery power still available. This restriction would be more than adequate to 

return the sUAS safely to its planned landing zone from anywhere in its confined area of operation 

even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes

of reserve fuel does not include the type of risks that Section 91.151(a) was intended to alleviate 

given the size and speed of the small UAS, and the proximity of the flight operation to the landing 

zone. Moreover, operation will be limited to controlled areas where only people and property 

owners, or official representatives who have signed waivers will be allowed.

F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections

SAM also seeks an exemption from the maintenance inspection requirements contained in 14 

CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating 

that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart 

E of this part and shall between required inspections ...have discrepancies repaired as prescribed in 

part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these 

sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with FAA, NTSB, and AFS-80 best practices. The operator will ensure 

that the sUAS is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance performed. 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.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations 

will only take place in restricted areas for limited periods of time during daylight hours, creates less 

risk than that associated with conventional rotorcraft or fixed wing aircraft performing the same 

operation.
SkyActiv Media, LLC

8 | Page – SAM Exemption Request

May 6th, 2015

VI. PUBLIC INTEREST

Granting SkyActiv Media, LLC an exemption furthers the public interest in and around the states 

of Oregon, Washington, California, Idaho, Nevada and Montana. National policy set by Congress 

favors early integration of sUAS into the national airspace in controlled, safe working 

environments such as those propose in this petition. The one vision of SAM is to help facilitate 

safe integration of sUAS’s into mainstream USA in the following areas:

• Aerial Surveying

o As with construction imaging, aerial imaging flights will be used to capture aerial 

photos for the purpose of creating orthomosaics (image maps). The image maps 

will be used to compute volume, create 3D models, DSM’s, DTM’s, profile and 

contour lines. 

• Movies and Event Photography

o Whether the shot requires unique views and expansive panning or altitude with 

radical views, the sUAS is designed to hold up under demanding conditions. 

Because of the autopilot feature with pre-designed mission management and R/C 

control interrupt, the pilot and camera operator can easily create the ultimate shot 

with HD video or HD still photos. When working close in on a closed set the 

hazards to the actors are substantially reduced due to the size of the sUAS.

• Precision Agriculture

o This technology, which uses a variety of spectral data, has potential for several 

agricultural uses, including: early-generation crop breeding line evaluations, quick 

and wide-scale scouting of croplands for crop conditions and weed densities, 

grassland conditions and production evaluation, detection of noxious weeds and 

detection of blue green algae blooms in ponds and reservoirs. In addition, the 

technology allow the monitoring of water use and will allow the land owner to 

directly control the quantity of water use.

• News Gathering

o Similar to movies and event photography, each news assignment may require a 

completely different shot or view of a scene. With budgets for traditional helicopter 

use being greatly reduced, the sUAS is the perfect solution to allow for easy news 

gathering for a fraction of the cost. The sUAS can and will be operated in a sterile 

area away from the public, while the traditional helicopter must hover over persons 

and property increasing the danger to individuals.

• Construction and First Responders

o Low level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. The applicants in the past have chartered 2-seat fullsized helicopters for this purpose, which has proven more costly than many potential 

clients have been able to afford. The benefits of reduced cost and improved quality of 

presentation from the UA will be valuable to and benefit many buyers and sellers of real 

property. Additionally, we request that we be allowed to use our system to benefit first 

responders nearby who might require assistance, including fire fighters, the police, the 

sheriff, et al., while remaining subject to all limitations cited in this application.

• Real Estate

o The sUAS can be used in all areas of real estate, including commercial, residential 

and industrial properties. Using a sUAS, real estate professionals can create 

promotional videos, photos and unique shots that normal camera aspects cannot 
SkyActiv Media, LLC

9 | Page – SAM Exemption Request

May 6th, 2015

capture. SAM’s easy-to-use video and photo platforms enable properties to stand 

out, providing dazzling views that are typically shown via expensive computer 

animation or costly helicopter rentals. Imagine shooting a view from a high-rise 

condo in stunning high definition that shows your potential customer the actual 

view from the residence. The remote platform is great for new planning, zoning and 

large developments. Simple and easy-to-use video and photos allow for multiple 

height pictures and elevation views.

VII. Privacy

SkyActiv Media, LLC is deeply committed to protecting public privacy. SAM knows that many 

individuals have concerns about privacy from the operations of sUAS’s. SAM has created a privacy

notice that informs residents, commercial property owners, churches, schools, and governmental 

organizations of our intent to conduct commercial drone operations in proximity to their property.

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

SkyActiv Media, LLC, seeks an exemption from the following rules:

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. 91.121Page 3

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)

Approval of this exemption request allows SAM to conduct commercial operations with small and 

lightweight unmanned aerial systems. SAM’s singular vision is to enhance safety of sUAS 

operations in the NAS while reducing risk to the general public and property owners.

The Phantom 3 sUAS, weighing less than 30 pounds and powered by batteries, eliminates virtually 

all of that risk given the reduced mass and absence of combustible fuel carried on board. The 

sUAS is transported to the designated mission area and set up there. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights.

The operation of this small UAS will provide an equivalent level of safety supporting the grant of 

the exemptions requested herein, including exempting the applicant from the requirements of 

several regulations and allowing commercial operations. These lightweight sUAS’s operate at slow 

speeds, close to the ground, and in a sterile environment. As a result, they are far safer than 
SkyActiv Media, LLC

10 | Page – SAM Exemption Request

May 6th, 2015

conventional aerial survey and inspection operations conducted with fixed wing aircraft or 

helicopters.

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact the undersigned at:

IX. Conclusion

The petitioner is requesting this exemption for the purposes of aerial surveying, precision 

agriculture, real estate photography, aerial filmmaking and photography, construction site 

inspections and monitoring, news gathering and other flight operations. The reason for such a 

general and broad based request is that the petitioner wishes to utilize a business strategy of 

horizontal integration and maximize economies of scope in order to capitalize on opportunities as 

they may arise in the future without the long turnaround time associated with additional 

exemptions. The petitioner's business model is based on the idea of offering ad hoc small UAS 

services to individuals or companies who wish to employ these services as a safe, effective, and

legal option to enhance their business or hobby. The petitioner’s own market research shows pent 

up demand for these services currently exists in the real estate market, construction, movie-making,

and other markets are just beginning to emerge. The petitioner has identified Universities and 

other agencies that could benefit from the operation requested in this application. A quick internet 

search will show that many are currently operating similar UAS in exactly this fashion without, it is 

assumed, FAA authorization. The petitioner has refrained from engaging in commercial use of the 

UAS. The primary purpose of seeking this exemption is to obtain the capability to offer those 

services while remaining in compliance. The petitioner has 20 years of experience in the radio 

control model aircraft hobby, 10 years in video production, 15 years in telecommunications and 

extensive knowledge relative to the industries and conditions that petitioner intends to service.

With Best Regards,

Dustin Newkirk, Managing Member

SkyActiv Media, LLC

Office: (541) 646-2582

Email: dnewkirk@skyactivmedia.com