Sky High Photography

157 Wellshire Street

Mooreville, NC 28115

Kevin.skyhighphotograghy@gmail.com

330-421-1133 cell phone

July 13, 2015

US Department of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

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 High Photography, owner and operator of Small 

Unmanned Aircraft Systems (UAS’s), request to be exempted from the Federal aviation 

Regulations )FAR) listed below so that Sky High Photography may operate UASSs 

commercially in airspace regulated by the FAA, as long as such operation are conducted 

within and under the conditions outlined herein or as maybe established by the AF as 

required by Section 333.

Sky High Photography is owned by Kevin Michael Kaminoski. Who resides in 

Mooresville, NC. 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’bs. Total takeoff weight) UASs under controlled conditions for 

commercial use by a certified private pilot thereby enhancing.

Sky high photography UASs are rotocraft weighing less than 55 pounds 

including payload. (The 3D Robotics IRIS+ Quadcopter Drone) Operates at a speed less 

than 50 knots and has the capability to hover and move in the vertical and horizontal 

plane simultaneously. It has a return launch point when battery power is under 25%. The 

UAS will operate within the line of sight with in a protected flight area a described below 
and at 200 feet AGL or less with an observer located close at hand as to make choice

communication possible. These operations will not create a hazard to users of the nation 

airspace, public nor the environment. 

Sky High Photography respectfully requests the grant of an exception of the 

following specific section for 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) 9109 (b) (2) 910103 

(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 high photography 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 High Photography 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 High Photography UASs meet the definition of “small 

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

is expressly contemplated by the Reform Act. Sky High Photography 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 

o 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 33(a). If the secretary determines that such vehicles “may operate safely in 

National Airspace System, the secretary shall establish requirements of the safe operation 

in national airspace. 

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 binging limitations on operations of Sky 

High Photography.

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

2. Flights will be operated in the line of sight of the operator and observer.

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 than 55 lbs.

5. Flights will be operated at 200 feet AGL or less

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

the safety of all persons in the area.

7. Consent will be obtained from all persons with the video capabilities of the units 

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

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

observed.

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

manner with the auto return function checked and working.

10. Flights will only operate in VFR conditions.

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

operator and its battery power remaining.

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

kayaking, fishing trips, commercial and residential real estate properties from a 

safe distance.

13. 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 High Photography UASs flights permit exception 

for 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, Sky High Photography meets or exceeds 

each of the elements.

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

COA for flights at or under 200 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 Sky 

High Photography operations center.

14 CRF 91.7(a) prohibits the operation of an aircraft without the airworthiness certificate. 

As o such certificate will be applicable in the form contemplated by FAR’s the regulation 

is inapplicable.

14 CRF 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. An 

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

registrations at Sky High Photography operations center.

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. Sky 

High Photography will only operate its UASs at or below 200AGL. 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., 
operation 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 55lbs. or less, battery operated and fling below 200 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 High Photography will give 

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

family and friends forever.

Granting Sky High Photography 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 High Photography respectfully requests the FAA grant its’ exception without delay. 

The FAA has the authority to issue the exemption sought by Sky High Photography 

pursuant to the Federal Aviation Act, 85 P.L. 726 (1985) as amended (the ACT).

Sincerely,

Kevin M. Kaminioski

Sky High Photography

157 Wellshire Street

Mooresville, NC 28115

Kevin.skyhighphotography@gmail.com