1 Sky High Visuals Petition for Exemption under Section 333

September 24, 15

U.S. Department of Transportation

Docket Management System 1200

New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11

of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b);

14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and b); 14 CFR

91.405(a); 14 CFR 91.407(a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a)

and (b)

To Whom it may concern:

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

CFR Part 11, Carl B. Vernlund, Owner of Skye High Visuals, Hereby applies for an

exemption from the listed Federal Aviation Regulations to allow Commercial Operation of a small UAS, 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, for all operators of small Unmanned Aerial Systems (UAS) working for

Skye High Visuals.

Commercial operation of small UAS, as described herein, which are equipped with

cameras and sensors, would operate in the following manner:

1. Aerial photography and /or video for public/and or private use 

including architecture, construction, real estate, property appraisal, landscape design, land surveying, engineering, scientific research, environmental

assessment and other related activities.

 2. Aerial video and /or photography for public and/or private use including television, public events, cinematography.

 3. Aerial inspection/photography of residential/commercial 

structures under contract with the owners or local government authority.

Skye High Visuals

(860) 280-6790 carl@vernlund.com 673 Spruce Brook Road Berlin CT 06037
2 Sky High Visuals Petition for Exemption under Section 333

As described below, the requested exemption would permit the operation of small,

unmanned UAS under controlled conditions in the NAS that would be 1) contained

2) controlled 3) predetermined 4) have on-site safety personnel controlling access

d) would provide safety enhancements to the currently safe operations in the industry

presently using conventional aircraft. Because the proposed operation of the DJI

Inspire 1, a small UAS that weighs less than 7 lbs., is unmanned, powered by 4 small

electric motors that have minimal risk of fire and give off zero emissions, their use

for low altitude aerial photography and video presents a lower level of risk for property damage or injury to persons on the ground than conventional operations conducted with helicopters and fixed wing aircraft operating in close proximity to the

ground and people. The seven factors Congress directed the FAA to consider when

applying Section 333 exemptions: Size, weight,speed,operational capability, proximity to airports, proximity to populated areas, and operation within visual line of sight -

each support the request. In particular, the aircraft is small, and will operate at slow

speeds, close to the ground, far from airports and in a low risk, controlled population environment.

I am prepared to modify or amend any part of the request to satisfy the need for additional level of safety. Please contact me at any time to provide additional information

or clarification.

The name, phone, email and address of the applicant:

Carl B. Vernlund DBA/ Skye High Visuals

Phone: (860) 280-6790

Email: carl@vernlund.com

Address: 673 Spruce brook Road, Berlin, CT 06037

Background of Petitioner
3 Sky High Visuals Petition for Exemption under Section 333

Skye High Visuals is owned and operated by Carl B. Vernlund.

Mr. Vernlund is currently pursuing a Sport Pilot Certificate and will also employ

small UAS trained personnel with Private Pilot Certificates as his PIC.

As a hobbyist, Mr. Vernlund has logged over 70 hours of flight time with his Inspire

1 Small UAS. He has practiced numerous take offs and landings, flown over water

and maneuvered around his private property to gain experience in safely controlling the Inspire 1 and attached camera. Mr. Vernlund has also registered for specialized advanced training for small UAS within the next 30 days. Training will be given

by FAA Section 333 exempt Dart Drones Flight Academy.

Mr. Vernlund has been employed as a professional photographer since 1983. He specializes in architectural photography and operates Carl Vernlund Photography in

central CT. He serves as Vice President of the CT Chapter of American Society of

Media Photographers. He earned a BS in Professional Photography from the Rochester Institute of Technology. He also earned a Masters of Management, Business Administration degree from the Pennsylvania State University. He sees this exciting

new technology as a direct extension of his architectural photography business

while also allowing expansion into related areas, including high quality aerial video,

providing imagery for real estate sales and appraisal reports. Currently there is strong

demand for low cost aerial photos and some individuals have skirted FAA regulations by operating UAV’s to photograph their real estate listings. With this exemption, he will provide a needed service in a safe and legal manner.

Publication Summary

The following summary is provided for publication in the Federal Register, should it

be determined that publication is needed.

Skye High Visuals seeks an exemption pursuant to 14 CFR 11.61 and Section 333

of the FAA Modernization and Reform Act of 2012 from the requirements of 14

CFR 21; 61.113(a) & (b); 61.133(a); 91.7(a); 91.9.109(a); 91.119(c); 91.121;

91.151(a); 91.203; 91.405(a); 91.407(a) (1); 91.409(a) (2) and 91.417(a) & (b). This

exemption request will permit Sky High Visuals to operate its small UAS commer-
4 Sky High Visuals Petition for Exemption under Section 333

cially for the purpose of of aerial filming and photography the following: architecture, construction, real estate, property appraisal, landscape design, land surveying,

engineering, scientific research, environmental assessment and other related 

activities. public and/or private use including television, public events, cinematography. Aerial inspection/photography of residential/commercial structures under

contract with the owners or local government authority. Skye High Visuals will provide a service that is beneficial to industries and organizations that are already using

or seeking to use Small UAS for these purposes with a legal and safe option. This

will benefit the public with the controlled operation of small UAS’s and increase

their integration into the NAS.

The requested exemption should be granted because the proposed operation of

the DJI Inspire 1, a small UAS, weighing 6.5 lbs. inclusive of battery and payload,

conducted in the strict conditions outlined below, will provide an equivalent or better

level of safety, as Congress intended, while still allowing commercial operations. The

lightweight aircraft covered by the exemption is far safer than conventional operations conducted with helicopters and fixed-wing aircraft operating in close proximity to the ground and people. The seven factors Congress directed the FAA to 

consider when approving Section 333 exemption petitions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line-of-sight - each support the request. In particular, the aircraft is

small, and will operate at slow speeds, close to the ground, far from airports and in

low risk, low altitude and controlled population environment

Name and Address of petitioner:

Skye High Visuals

Carl B. Vernlund

673 Spruce Brook Road

Berlin, CT 06037
5 Sky High Visuals Petition for Exemption under Section 333

Sky High Visuals will use the DJI Inspire 1 sUAS. The Inspire 1 is a vertical takeoff

and landing sUAS with a maximum gross weight of less than 55 pounds and a maximum speed of less than 50 MPH. The Inspire 1 is driven by Lithium Polymer batteries and powered by four electric motors.

The aircraft registration application and all required supporting documentation for this sUAS will be sent to the FAA Aircraft Registration Branch, AFS-750,

P.O. Box 25504, Oklahoma City, OK 73125-0504.

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a)

14 CFR 91.7(a)

14 CFR 91.9(b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR91.121

14 CFR 91.151(a)

14 CFR 91.203(a) and (b)

14 CFR 91.405(a)

14 CFR 91.407(a) (1)
6 Sky High Visuals Petition for Exemption under Section 333

14 CFR 91.409(a) (2)

14 CFR 91.417(a) and (b)

The small UAS we will fly are multi-rotor craft. Specifically the DJI Inspire 1 that

weighs 6.5 pounds with battery and payload, measures 22” on the diagonal

from landing gear to landing gear. It is 12” high. Under normal conditions they operate at speeds of no more than 45 MPH or 39 Knots, and have the ability to hover

and move along a vertical and horizontal plane simultaneously. They will operate in

line of site only and by the exempted persons obeying all other local and federal

laws. As a further safety measure, this UAS is GPS controlled and has “one button”

auto landing capability, low battery level auto landing capability, as well as altitude and distance limitations programmed into the software. Given the small size of

this UAS and the controlled environment provided, the proposed operations will

adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the

proposed operations and the public benefit, reduction of environmental impact, including reduced emissions and noise, the grant of the requested exemption is in the

public interest. Accordingly, the applicant requests that the FAA grant the requested exemption with minimum delay.

Aircraft and Equivalent Level of Safety

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using conventional aircraft.
7 Sky High Visuals Petition for Exemption under Section 333

These limitations and conditions to which the the applicant agrees to adhere to

when conducting commercial operations under the FAA issued exemption as set

forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weight less than 55 pounds.

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

observer.

3. Maximum flight time for each operational flight will be less than 30 

minutes. Flights will be terminated at 25% battery power reserve or 30 minutes

of flight time, whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet 

Above Ground Level. (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the the small UAS 

Pilot in Command (PIC), the Visual Observer (VO) and may include a

Camera Operator.

6. A briefing will be performed regarding the planned small UAS 

operations prior to each day’s flight.

7. The PC will obtain verbal/written consent of all persons involved 

with the planned operation and ensure that only consenting persons

will be allowed within 100 feet of the flight operation, and the radius

may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission

of direction of the FSDO, operations at closer range may be approved.

8. The PIC and VO will have been trained in operation of small UAS 

and receive up-to-date information for the particular small UAS to be operated and will be able to show on request their competent ability to operate the

small UAS and /or camera.
8 Sky High Visuals Petition for Exemption under Section 333

9. The PIC and VO will be able to communicate by voice or radio at 

all times.

10. Written and /or verbal permission and permits will be obtained 

from territorial , state, county, or city jurisdictions, including law enforcement,

fire or other appropriate governmental agencies when needed.

11. If the small UAS loses communications or loses GPS signal, the 

small UAS will have the capability to return to a pre-determined location

within a designated location and land autonomously.

12. The small UAS will have the capability to abort a flight in case of 

unpredicted obstacles, weather, or emergencies.

14 CFR Part 21, Subpart H: Air Worthiness Certificates 14 CFR 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

of rt. essence of airworthiness certificates as required by FAR 91.203 (a) (1). Given the size

and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption form Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.

44701 (f) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft form

the airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular small UAS. In all

cases, an analysis of these criteria demonstrates that the small UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. Th

small UAS to be operated is less than 55 pounds fully loaded, carries neither a pilot or passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured and designated area. Unlike other civil aircraft,, operations under this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and proper owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21,

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible

threat to national security posed by the small UAS, due to its size, speed of operation, loca-
9 Sky High Visuals Petition for Exemption under Section 333

tion of operation, lack of explosive materials or flammable liquid fuels, and inability to

carry a substantial external load.

14 CFR 45.23(b) Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter “N” and

the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters

not less than 2 inches nor more than 6 inches high, the words “limited”, “restricted”,

“light-sport”, “experimental”, or “ Provisional”, as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption

may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot

station on which the word “experimental” can be placed. Given the size of the small

UAS two -inch lettering will be impossible. The word “Experimental” will be

placed on the fuselage in compliance with 45.29(f). The equivalent level of safety

will be provided by having the small UAS marked on its fuselage as required by

45.29(f) where the pilot, observer and others working with the small UAS will see

the identification of the small UAS as ”Experimental”.

14 CFR 61.113(a) Private Pilot Privileges and Limitations: Pilot in Command

Pursuant to 14 CFR 61.113(a), no person who holds a private pilot certificate may act as a

pilot in command of an aircraft that is carrying passengers or property for compensation or

hire. Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure

remote control piloting skills. The risks attendant to operation of small UAS is far less

than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the

operation and limitations set forth in the FOM will equate to the safe operation of the small

UAS.

14 CFR 91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft.
10 Sky High Visuals Petition for Exemption under Section 333

should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of

safety checklists prior to each flight an equivalent level of safety will be provided.

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

Section 91.9(b) (2) provides: No person may operate a U.S. registered civil aircraft...(2) For which an Airplane or Rotorcraft Flight Manual is not required by

21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The small UAS, given its small size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry

such an item on the aircraft. The equivalent level of safety will be maintained by

keeping the flight manual at the ground control point where the pilot flying the small

UAS will have immediate access to it.

14 CFR 91.103: Preflight action.

This regulation requires each pilot in command to take certain actions before

flight to insure safety of flight. As FAA approved rotorcraft flight manuals will not

be provided for the aircraft an exemption will be needed.

The operator will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.109: Flight Instruction.
11 Sky High Visuals Petition for Exemption under Section 333

Section 91.109 provides that no person may operate a civil aircraft (except a manned

free balloon) that is being used for flight instruction unless that aircraft has fully

function duel controls. Small UAS and remotely piloted aircraft, by their design do

not have fully functional duel controls. Flight control is accomplished through the

use of control box that communicates with the aircraft via radio communications.

The FAA has approved exemptions for flight training without fully functional

duel controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR 91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section

91.119(d) allows helicopters to be operated at less than the minimum prescribed,

provided the person operating the helicopter complies with any route or altitudes

prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a

helicopter and the exemption requests authority to operate at altitudes unto 400 AGL,

or not more than 200’ above an elevated platform from which filming is planned, an 

exemption may be needed to allow such operations. As set forth herein, the small

UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS where the small UAS is used to survey or photograph a

structure whose height exceeds 400 feet AGL, the small UAS will not be operated

more than 100’ above the highest point on the structure. It will however be operated

in a restricted area with security perimeter, where buildings and people will not be

exposed to operations without their pre-obtained consent. The equivalent level of

safety will be achieved given the size, weight, speed of the small UAS as well as the 

location where it will be operated. No flight will be taken without the permission of

the property owner or local officials. Because of the advanced notice to the

property owner and participants in the filming activity, all affected individuals

will be aware of the planned flight operations. Compared to flight operations

with aircraft or rotorcraft weighing far more than the maximum 55 pounds proposed herein and lack of flammable fuel, any risk associated with these operations is far less than those presently associated with conventional aircraft operating

at or below 500 AGL. In addition, the low-attitude operations of the small UAS will 
12 Sky High Visuals Petition for Exemption under Section 333

ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.21 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set”... to the elevation of the departure airport or an appropriate altimeter setting available before departure.” AS the small

UAS may not have a barometric altimeter, but instead a GPS altitude readout, an

exemption may be needed. An equivalent level of safety will be achieved by the

operator, pursuant to the safety check list and live flight data monitoring, confirming

the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane

under VFR conditions unless (considering wind and forecast weather conditions)

there is enough fuel fuel to fly to the first point of intended landing, and, assuming

normal cruising speed - (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.” The battery powering the small

UAS provides approximately 30 minutes of powered flight. To meet the 30

minute reserve requirement in 14 CFR 91.151, small UAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the small UAS’s proposed flight area and the location of its proposed operations within a predetermined

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR 91.151(a) falls within the

scope of prior exemptions. Operating the small UAS, in a tightly controlled

area where only people and property owners or official representatives who have

signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the

size and speed of the small UAS. Additionally, limiting small UAS flights to 10

minutes would greatly reduce the utility for which the exemption will be

granted. Applicant believes that an equivalent level of safety can be achieved buy
13 Sky High Visuals Petition for Exemption under Section 333

limiting flights to 30 minutes or 25% of battery power - Whichever happens first.

This restriction would be more than adequate to return the small UAS to its

planned landing zone from anywhere within its limited operating area.

14 CFR 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

The regulations provides in pertinent part:

(a)Except as provided in 91.715, no person may operate a civil aircraft unless it

has within it the following:

(b) An appropriate and current Airworthiness Certificate

(c)No person may operate a civil aircraft unless the airworthiness certificate required

by paragraph (a) of this section or a special flight authorization issued under

91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

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

will be performed in accordance with the small UAS Manufacturer’s Manual,

as referenced in the Aircraft Operations Manual (AOM). AS provided in the FOM,

the operator will ensure that the small UAS is in working order prior to initiating

flight and perform required maintenance needed.

DJI Inspire 1 Specifications:

The DJI Inspire 1 is GPS controlled outdoors and motion camera assisted indoors. It

can fly a specific and repeatable flight path, at a pre-set altitude, using waypoint navigation. It has several safety redundancies programmed into the flight controller

software: It’s maximum altitude and distance from PIC can be limited by PIC using

software. Auto return and landing is activated when battery is at critically low

level or signal has been lost between controller and aircraft. (Audible and visual

warning signals are activated when PIC pre-set battery threshold is reached.)

It has the following performance specifications:
14 Sky High Visuals Petition for Exemption under Section 333

Hovering Accuracy (GPS Mode): Vertical: 1.6' / 0.5 m

 Horizontal: 8.2' / 2.5 m

Maximum Angular Velocity: Pitch: 300°/s

 Yaw: 150°/s

Maximum Tilt Angle: 35°/s

Maximum Ascent/Descent Speed: Ascent: 11.27 MPH/ 16.4 fps/ 5 m/s

 Descent: 8.93 MPH/ 13.1 fps/ 4 m/s

Maximum Speed: 49.23 MPH / 72.2 fps / 22 m/s (Attitude mode; no wind)

Maximum Wind Speed Resistance: 22.36 MPH/ 32.8 fps / 10 m/s

Maximum Flight Time: Up to 18 minutes

Thank you for your consideration of my exemption request.

Sincerely yours,

Carl B. Vernlund

Owner/Operator

Sky High Visuals

673 Spruce Brook Road

Berlin, CT 06037

(860) 280-6790

carl@vernlund.com