August 31, 2015

To Whom It May Concern:

On behalf of Sky High Productions, I would like to formally request an exemption, 

detailed below. This proposed exemption would allow me, C. Andrew Behringer, owner 

and sole employee of Sky High Productions, to operate small unmanned aircraft systems 

(UAS) for the purpose of aerial videography and photography. 

Sky High Productions proposes the use of UAS DJI models, including but not limited to 

the DJI Inspire 1, which is comprised of a small unmanned aircraft, a built-in camera (or 

attached GoPro camera), and a ground station.

The DJI Inspire 1 is a quad-copter with a maximum gross weight of approximately 7

pounds. It is equipped with four rotors that are driven by electric motors powered by 

batteries. The UA has a maximum airspeed of approximately 22 m/s. The exemption will 

allow Sky High Productions to operate the UA over various areas throughout the U.S. to 

capture aerial video for multiple purposes including, but not limited to, real estate, 

environmental studies, and agricultural surveillance. 

14 C.F.R 11.81 (a)- Name and address of the Petitioner:

Charles Andrew Behringer

602 Bayside Dr., Stevensville MD, 21666

Email: Behringer.skyhigh@gmail.com

Phone: 443-285-1926

14 C.F.R (b)- Exemptions Requested: 

Regulations from which the exemption is requested include: 

Private Pilot Privileges 14 C.F.R § 61.113 (a)

Aircraft Airworthiness 14 C.F.R § 91.7 (a)

Preflight Action 14. C.F.R. §91.103 (b)

Minimum Safe Altitudes 14. C.F.R § 91.119 (c)

Altimeter Settings 14. C.F.R § 91.121

Fuel Requirements 14 C.F.R.§ 91.151 (a)

Maintenance Required 14 C.F.R § 91.405 (a)

Operation after Maintenance 14 C.F.R § 91.407 (a) (1)

Inspections 14 C.F.R § 91.409 (a) (1) & (2)

Maintenance Records 14 C.F.R. § 91.417 (a) & (b)

Private Pilot Privileges -14 C.F.R. § 61.113 (a) – Because a UAS does not carry a pilot 

or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to have a private pilot's 

license rather than a commercial pilot's license to operate small UAS. Unlike a 

conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. 
The operational area is controlled and restricted and all flights are planned and 

coordinated in advance. The level of safety exceeds that provided by a piloted helicopter 

or aircraft. The risks associated with the operations contemplated by Part 61 allowing 

UAS use by a private pilot as the PIC exceed the present level of safety sought by 14 

C.F.R. §61.113 (a) and (b).

Aircraft Airworthiness 14 C.F.R § 91.7 (a) – states that no person may operate a civil 

aircraft unless it is in airworthy condition. Currently, no Administration regulatory

standard exists for determining the airworthiness of a UAS. Therefore, if the exemption is 

granted, Sky High Productions will follow and maintain the UASs as indicated by the 

manufacturer and conduct all safety checks recommended prior to each flight.

Preflight Action 14. C.F.R. §91.103 (b) – states that a pilot in command (PIC) become 

familiar with specific information before each flight, including information contained in 

the Administration approved Flight Manual on board the aircraft. As no such manual 

currently exists, we request an exemption from this requirement. If the exemption is 

granted, the PIC will take all actions including review of the flight requirements, landing 

and takeoff distances, and weather prior to the commencement of the flight.

Minimum Safe Altitudes 14. C.F.R § 91.119 (c) – establishes safe altitudes for 

operation of civil aircraft. As set forth herein, the UAS would never operate above 400

feet above ground level (AGL), and will also only operate in safe areas away from the 

public and traffic, thus “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 the UAS, an equivalent or higher level of safety will be achieved.

Altimeter Settings 14. C.F.R § 91.121 – requires each person operating an aircraft to 

maintain a 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." We 

request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS 

utilizes electronic GPS with a barometric sensor. 

Fuel Requirements 14 C.F.R.§ 91.151 (a) – outlines fuel requirements for beginning a 

flight in VFR conditions. The UAS is 100% electric, and the battery powering the UAS 

provides approximately 30 minutes of powered flight. Given the limitations on the UASs 

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

area, a longer time frame for flight is reasonable.

Sky High Productions submits that safety will not be affected by terminating flights of 

the battery powered Phantom DJI Inspire 1 after 15 to 20 minutes of continuous flight, 

which allows for five minutes of battery power remaining. Standard flights operated by

Sky High Productions would last between 10 and 20 minutes.

Maintenance Required 14 C.F.R § 91.405 (a)

Operation after Maintenance 14 C.F.R § 91.407 (a) (1)

Inspections 14 C.F.R § 91.409 (a) (1) & (2)
Maintenance Records 14 C.F.R. § 91.417 (a) & (b)

Since Sections 91.405(a), 91.407(a)(l), 91.40(a) (1) & (2) and 1.417 (a) & (b) only apply

to aircraft with an airworthiness certificate, we respectfully request exemption from these 

Sections, since there is currently no certificate applicable to our operation. However, as a 

safety precaution we will perform a preflight inspection of the UAS before each flight as 

outlined in the attached operating documents.

14 C.F.R (c) – The extent of relief petitioner seeks, and the reasons petitioner seeks 

the relief:

Sky High Productions seeks relief pursuant to this exemption from the identified sections 

of the Federal Aviation Regulations to the extent necessary to perform commercial flight 

operations within the national airspace.

Sky High Productions seeks authorization to conduct small UAS flight operations within 

the perimeters of this exemption request.

14 C.F.R. Part 11.81(d) – The reasons why granting petitioners request would be in 

the public interest; that is, how it would benefit the public as a whole:

Sky High Productions seeks to give people and companies access to a safe, affordable 

and environmentally-friendly way to view their properties and public spaces using highdefinition aerial video. 

Additionally, UASs have proved to be extremely valuable during and immediately 

following emergency situations (i.e., natural disasters, fires, search and rescue). In these 

situations, data can be fed to the client in real-time, thereby allowing them to provide 

information to the public in a timely manner.

14 C.F.R Part 11.81 (e)- The reasons why granting the exemption would not 

adversely affect safety, or how the exemption would provide a level of safety at least 

equal to that provided by the rule from which petitioner seeks the exemption:

Using UAS technology to collect photo and video data is beneficial to the public as a 

whole as it significantly reduces risks to workers who must scale heights to collect 

information, as well as reducing risks to the public as a whole due to the reduction of 

helicopters and small aircraft as the UASs carry no combustible materials on board. 

Battery Powered UASs serve as a safe, efficient and economical alternative to manned 

aircraft traditionally used for capturing aerial images. They provide high levels of safety 

to person and property since no pilot or crew need to be airborne. UASs provide greater 

operational flexibility and reduced costs. Better aerial imagery can be obtained by using 

UASs due to their small size, maneuverability and flight performance characteristics. 

Less time is needed in the air to obtain the footage, thereby reducing the number of 

aircraft in the NAS. Reduction of noise will benefit the public as well. 

In addition to following all instructions as provided by the manufacturer, Sky High 

Productions shall include the following conditions and limitations in all operations:
 operate UAS below 400 feet AGL and within a radius distance of 1000 feet from 

the controller to aid in direct line of sight visual observation; 

 operate UAS during daylight hours only within visual line of sight (VLOS); 

 land UAS prior to the manufacturer’s recommended minimum level of battery

power; 

 only operate in safe environments that are strictly controlled, are away from 

power lines, elevated lights and airports; 

 maintain a minimum crew consisting of the UAS Pilot and a Visual Observer

 obtain permission from the owner/controller of any vessels, vehicles and 

structures when operations may be conducted closer than 500 feet to any such 

vessels, vehicles or structures; we will conduct a safety assessment of the risk of 

operating closer to those objects and determine that it does not present an undue 

hazard; 

 use the UAS’ global positioning system (GPS) flight safety feature whereby it 

hovers and then slowly lands if communication with the remote control pilot is 

lost; 

 always obtain all necessary permissions prior to operation; 

 conduct all operations under the flight safety protocols contained in the operating 

documents and will actively analyze flight data and other sources of information 

to constantly update and enhance safety protocols; 

 have procedures in place to abort flights in the event of safety breaches or 

potential danger; 

 conduct extensive preflight inspections and protocols, during which safety carries 

primary importance.

Although the UAS can be operated by one person, flight operations carried on by Sky

High Productions involve at least two people: a pilot-in-command ("PIC") and an 

observer. The PIC is responsible for flying the UAS, monitoring its status and flight 

dynamics while maintaining visual line of sight and keeping the flight within the 

manufacturer's specified limits in terms of wind, flight range, battery life, etc., for safe 

operation of the UAS. Observers will be responsible for monitoring the airspace for other 

aircraft and hazards, advising the operator before and during flight of all such observed 

risks, and monitoring the controlled operating area.

UAS Pilot in Command (PIC) 

All PICs will demonstrate the required aeronautical knowledge and the ability to safely 

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

requested exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. 

Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is necessary.
Sky High Productions, operators of a DJI Inspire 1, weighing less than 7 pounds, seeks an 

exemption for the following rules:

14 C.F.R § 61.113 (a); 14 C.F.R § 91.7 (a); 14. C.F.R. §91.103 (b); 14. C.F.R § 91.119 

(c); 14. C.F.R § 91.121; 14 C.F.R.§ 91.151 (a); 14 C.F.R § 91.405 (a);14 C.F.R § 91.407 

(a) (1); 14 C.F.R § 91.409 (a) (1) & (2); 14 C.F.R. § 91.417 (a) & (b);

Granting this exemption will allow for the commercial operation of small UASs for the 

purpose of conducting aerial inspections and surveys as well as post-disaster aerial 

support. Additionally, operations shall be conducted in areas of agriculture and search 

and rescues and will provide digital imaging services for the purpose of developing 

marketing materials, so long as such operations will provide an equivalent level of safety

and will be conducted within and under the conditions outlined in the exemption request, 

the supporting documents, or as may be established by the FAA as required by Section 

333.

The factors as directed by Congress to consider, in accordance with Section 333(b) of 

P.L. 112 95 states, in part: “In making the determination under subsection (a), the 

Secretary shall determine, at a minimum-- (1) which types of unmanned aircraft systems, 

if any, as a result of their size, weight, speed, operational capability, proximity to airports 

and populated areas, and operation within visual line of sight do not create a hazard to 

users of the national airspace system or the public or pose a threat to national security are 

each supported in this request.” UASs are small, and will operate at slow speeds in order 

to more safely and efficiently conduct inspections of all types that would otherwise 

involve a risk to inspectors. This increase in safety and decrease in human injuries weighs 

heavily in favor of granting the requested exemption.

The requested exemption would permit the operation of small, unmanned UASs under 

controlled conditions that will not create a hazard to other users of the NAS or the public 

or pose a threat to national security. The controlled operations of small, low altitude 

UASs will provide safety enhancements to the existing methods of inspection and 

videography.