August 31, 2015

To Whom It May

Concern: On behalf of Sky High Production s , 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 Production s , to operate small unmanned aircraft s ys tems (UAS) for the purpose of aerial videograph y and photography

. Sky High Productions proposes the use of UAS DJImodels, including but not limited to the DJ I Inspire 1 , which is comprised of a small unmanned aircraft , a built

- in camera (or attached GoPro camera) , and a ground station. The DJ I 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 b y batteries. The UA ha s 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 Bay side Dr., Stevensville MD, 21666 Email: Behringe r.sky

high@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) Inspe**  **ctions 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 curr ent 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 remotel y 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 b y Part 61 allowing UAS use by

a private pilot as the PI C exceed the present level of safet y sought b y 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 check s recommended prior to each flight. **Preflight Action 14. C.F.R. §91.103 (b)**

**–** states that a pilot in command (PI C) become familiar with specific information before each flight, including information contained in the Administration approved Flight Manual o n board the aircraft. As no such manual currentl y 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 prio r 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 onl y op erate 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 lev el of safet y 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 r equest 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 affec ted b y t erminating flights of the battery

powered Phantom DJIInspire 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 r equest exemption from these Sections , since there is currentl y no certificate applicable to our operation

. However, as a safet y 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 per form 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 environmentall y - friendly way to v iew the ir properties and public spaces using high

definition aerial video. Additionally , UASs have proved to be extremel y valuable during and immediatel y following emergency

situations (i.e., n atural disasters, fires, search and rescue) . In these situatio ns, data can be fed to the client in real

- time, thereb y 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 pro vide 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 economi cal alternative to manned aircraft traditionally

used for capturing aerial images. They provide high levels of safety to person and propert y 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, thereb y 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 distan ce of 1000 feet from the controller to aid in direct line of sight visual observation;
 operate UAS during daylight hours onl y 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 strictl y 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 sy stem (GPS) flight safet y feature whereby it hovers and then slowl y lands if communication with the remote control pilot is lost;
 alway s obtain all necessary permissions prior to operation;
 conduct all operations under the flight safety protocols contained in the operating documents and will actively anal yz e 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 saf et y breaches or potential danger;
 conduct extensive preflight inspections and protocols, during which safety carries primary importance. Although the UAS can be operated b y one person, flight operations carried on by Sky High Productions involve at leas t two people: a pilot

- in

- command ("PIC") and an observer. The PI C is responsible for fl yi ng the UAS, monitoring its status and flight dy namics 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 PI Cs will demonstrate the required aeronautical knowledge and the ability to safel y 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 appropri ate 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 DJ I 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 a s 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) o f P.L . 112 95 states, in part: “ Inmaking the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which ty pes of unmanned aircraft s ys tems, if any , as a result of their size, we ight, 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 s ys tem 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 safel y and efficiently conduct inspections of all ty pes 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 sec urit y. The controlled operations of small, low altitude UASs will provide safet y enhancements to the existing methods of inspection and videograph y.