Exemption	Request

Section	333	of	the	FAA	Reform	Act

12/4/2015

Grant G. Spiking

Cloud Nine Studio, LLC

1227 W Gregory Blvd.

Kansas City, MO 64114
Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Cloud Nine Studio, 

LLC, planned operator of Small Unmanned Aircraft Systems (sUAV) for the purpose of taking 

aerial photography of commercial constructions sites, commercial/residential real estate 

property, and agricultural farm land, hereby applies for an exemption from Federal Aviation 

Regulations (FARs) to allow commercial operation of their sUAS, 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.

Contact information:

Grant Spiking

1227 W Gregory Blvd.

Kansas City, MO 64114

GrantSpiking@gmail.com

Sections of 14 C.F.R. from which I seek exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA):

 14 CFR Part 21 Subpart H

 14 CFR 91.121

 14 CFR 91.105

 14 CFR 45.23

 14 CFR 91.119 (b)(c)

 14 CFR 61.113

 14 CFR 91.405 

 14 CFR 91.407(a)(1) 

 14 CFR 91.409(a)(1)(2) 

 14 CFR 91.417(a)(b)

 14 CFR 91.151

The extent of relief Cloud Nine Studio, LLC seeks and the reason to seek such relief:

Cloud Nine Studio, LLC submits this application in accordance with the Reform Act, 112 P.L. 95 

§§ 331-334, seeking relief from any currently applicable FARs operating to prevent Cloud Nine 

Studio, LLC from engaging in commercial photographic, videographic, and/or other flight 

operations within the NAS (National Airspace System). The Reform Act in Section 332 provides 

for such integration of civil unmanned aircraft systems into our national airspace system as it is 

in the public’s interest to do so. The petitioner’s ultra light weight DJI Phantom 3 Professional 

sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore 
the integration of my ultra light weight sUAS is expressly contemplated by the Reform Act. I 

would like to operate my sUAS prior to the time period by which the Reform Act requires the 

FAA to promulgate rules governing such craft; thereby, providing direct experience and 

valuable information for formal regulation that can be administered uniformly to all related 

sUAS aerial video and photography. The Reform Act guides the Secretary in determining the 

types of sUAS that may operate safely in our national airspace system. Considerations include: 

The weight, size, speed and overall capabilities of the sUAS's; whether the sUAS will be 

operated near airports or heavily populated areas; and, whether the sUAS will be operated by 

line of sight 112 P.L. 95 § 333 (a). Each of these items reflects in favor of an exemption for the 

petitioner, Cloud Nine Studio, LLC. 

My DJI Phantom 3 Professional sUAS utilizes four (4) counter-rotating propellers for balance, 

control and stability. My sUAS is equipped with GPS that monitors the exact location and 

elevation and has auto return safety technology. It has an approximate weight of 3 pounds {far 

below the maximum 55 pound limit); including payload. It has a maximum flight speed of 

35mph and battery life for an approximate 23-minute flight. My sUAS can be set to fly only 

within a given distance and altitude from the PIC making it automatically stay inside the PIC’s 

desired limits, protecting the general public and obeying all laws. This invisible, GPS-enabled 

“geofence” prevents sUAS from accidentally flying into unwanted areas or obstacles. When 

GPS is available, the sUAS remembers the exact spot that it took off from. Wherever the sUAS

aircraft is flying, the PIC can tap a button to have it return right back where it took off from. If 

the Intelligent Flight Battery is running low, or if my sUAS loses the connection with the PIC’s

remote controller for any reason, the sUAS will automatically return to the takeoff point and 

land safely.

Reasons why the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to the existing rule:

I, Grant Spiking, have held a Private Pilot certification since 2004 and have a current class 3 

medical. I still currently fly fixed winged aircraft and have knowledge of aeronautical rules and 

regulations within the National Airspace System (NAS). I consider safety to be the utmost 

importance during flights. The DJI Phantom 3 Professional sUAV utilizes all the safety features 

listed above ensuring its safety to fly in the NAS. My sUAV is compliant with both CE and FCC 

regulations. The flight areas will primarily consist of constructions sites with no one in the site, 

commercial/residential real estate that are either abandoned or have people stay inside, and 

agricultural/farm land that will not have persons or property present. My sUAS has been 

operated recreationally for familiarization and competency and I will continue to operate my 

sUAS above current safety levels. The small size and maneuverability of my sUAS makes it 
easier to avoid hazards and operate more safely than a larger fixed winged aircraft or 

helicopters. I will make sure myself, or any other PIC obey the following rules:

 Never fly the sUAS above 400 feet AGL

 Always fly within visual line of sight – to help assure this, a trained visual observer will 

be on hand to assist the PIC when necessary

 Have current understanding and obey all FAA airspace requirements

 Never fly over groups of people

 Never fly within 5 miles of an airport without first contacting air traffic control and 

getting appropriate approval with Certificate of Waiver or Authorization (COA)

 Never fly near any other aircraft

 Only fly in Visual Flight Rules (VFR) conditions

 Conduct pre-flight safety inspections

 Ensure the PIC has at minimum a sport or recreational pilot’s certification in addition to 

having at minimum a valid class 3 medical or valid driver’s license and has received 

proper training.

The reasons why granting the request would be in the public’s interest; how it would benefit 

the public as a whole.

Until recently, aerial photography/videography has primarily been done using fuel powered 

fixed winged aircraft and helicopters. Customers that didn’t have large budgets were 

automatically put at a disadvantage to receive such service. This has prohibited smaller 

businesses and business owners from reaching their full potential with the help of aerial 

marketing or surveying. Additionally, when an accident does happen involving larger fixed 

winged aircraft or helicopters, the consequences are usually catastrophic resulting in the loss of 

life. Cloud Nine Studio, LLC will utilize sUAV’s that are battery powered and therefore will not 

have the combustible fuels that makes larger aircraft more dangerous. In the event of a crash 

with my sUAV, the consequences will be drastically less than that of a larger fixed winged 

aircraft or helicopter. My sUAV’s also create no emissions that are harmful to the environment.

A summary that can be published in the Federal Register

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, 

weight, and enclosed operational area of Cloud Nine Studio, LLC’s, sUAS permits exemption 

from Part 21 because my sUAS meets (and exceeds) 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 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in 

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

airports and dense populations. Cloud Nine Studio, LLC’s current and projected UAS's meet or 

exceed each of the elements.

14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. 

As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight 

manual delineating areas of where safety can be defined. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 

10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. 

They are inapplicable for the same reasons described above. The equivalent level of safety will

be achieved by maintaining any such required certifications and registrations by Cloud Nine 

Studio, LLC.

14 C.F.R. § 91.121 regarding altimeter settings. 

This is inapplicable to the extent that my sUAS utilizes electronic global positioning systems 

with a barometric sensor.

14 C.F.R. § 91.105 Flight crewmembers at stations.

As there are no pilots, passengers, or crewmembers on board, this Regulation is inapplicable.

14 C.F.R. § 45.23 Marking of the Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. My sUAS are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering 

is impossible to place on such small aircraft with dimensions smaller that minimal lettering 
requirement. The FAA has previously issued exemptions to this regulation through Exemptions 

Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. 91.119 Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My sUAS will never operate 

at an altitude greater than the standard of 400 feet AGL. Cloud Nine Studio, LLC, will however 

operate my sUAS in safe areas away from public and traffic, 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 my sUAS, an equivalent or higher level of safety will be achieved.

14 C.F.R. § 61.113 Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial 

operations. Cloud Nine Studio, LLC, can achieve an equivalent level of safety as achieved by 

current Regulations because my sUAS does not carry any pilots or passengers. The risks 

attended to the operation of my UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing the petitioner, Cloud Nine Studio, 

LLC, to operate my sUAS meets and exceeds current safety levels in relation to 14 C.F.R. 

§61.113 (a) & (b). All PIC’s operating the sUAS will hold at least a sport or recreational pilot’s 

certificate with a valid medical or driver’s license.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except 

as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter. . . . " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to Cloud Nine Studio, LLC’s sUAS. However, as a safety precaution I inspect my sUAS before and after 

each flight and have it serviced as recommended by the manufacturer.

14 C.F.R. § 91.151(a) Fuel Requirements for Flight in VFR Conditions.

As my sUAS’s will only operate on battery power, this Regulation is inapplicable. The batteries have a 

maximum flight time of approximately 23-minutes for the Phantom 3 Professional. The PIC will ensure 

that before each flight, there is enough available power for the sUAS 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.
Additional Statements

If Cloud Nine Studio, LLC is granted these exemptions, they will be able to help the community 

and economy by allowing small to large businesses and business owners to affordably hire 

aerial photography/videography in a safe manner. The only alternative is to hire larger fixed 

winged aircraft or helicopters that are not only more dangerous to the public, but also cost 

substantially more and give off more harmful emissions to our environment. Thank you in 

advance for your consideration.

Respectfully submitted:

/s/ Grant Spiking

Cloud Nine Studio, LLC

1227 W Gregory Blvd.

Kansas City, MO 64114

Grant.Spiking@gmail.com