Mr. John Brummett

Skyburst Media, LLC

Owner/CEO

2145 Hemrick Rd

Cumming, GA 30041

September 13, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W112-140

1200 New Jersey Avenue, SE

Washington, DC 20590

To Whom it May Concern:

Skyburst Media, LLC (SBM) is requesting exemptions under Section 333 of the FAA Reform Act of 2012 

(“The Reform Act”). SBM plans to conduct commercial aerial survey, photography and video operations. 

Applications include, but are not limited to, agriculture, real estate, special events, mapping, construction 

site monitoring and inspections and closed-set TV and motion picture filming. These operations will be 

conducted using the Freefly Alta, DJI Spreading Wings S800 EVO with A2 flight system and DJI Phantom 

3 Professional. All qualify as small Unmanned Aircraft Systems (sUAS) and are under the 55 pound limit 

proposed by Section 333 of The Reform Act. 

SBM has researched the current FAA grants of exemption and conclude that our request is similar in all 

material respects to the following:

Exemption No. Petitioner Docket No.

11468 United Dynamics FAA-2015-0259

11980 Visual Advantage FAA-2015-1393

12362 Jonathan Rupprecht FAA-2015-1624

SBM exemption request would permit its operation of lightweight, unmanned (remotely controlled in line 

of sight) aircraft in tightly controlled and limited airspaces. Predetermined, specifically marked areas of 

operation and sectioned off locations will allow SBM to operate within current safety regulations and new 

ones being sought. Similar lightweight, remote controlled sUAS are legally operated by amateurs with no 

flight experience, safety plan or controls in place to prevent catastrophe. Granting SBM's request coheres 

with the Secretary of Transportation/FAA Administrator's responsibilities to not only integrate sUAS into 

the national airspace system, but to "... establish requirements for the safe operation of such aircraft 

systems [sUAS] in the national airspace system" under Section 333 of The Reform Act. Furthermore, 

SBM will conduct its operations in compliance with the protocols described herein or as otherwise 

established by the FAA. 

I. The Extent Of Relief SBM Seeks And The Reason It Seeks Such Relief

SBM 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 SBM’s commercial operations, research and 

other flight operations within the 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. SBM’s lightweight sUAS meet the definition of "small unmanned aircraft" as defined in 

Section 331 of The Reform Act. Therefore, the integration of SBM’s lightweight sUAS are substantiated by 

The Reform Act. SBM would like to operate its lightweight sUAS prior to the time period by which The 

Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the 

Secretary in determining the types of sUAS that may operate safely in our national airspace system. 

According to 112 P.L. 95 § 333 (a), considerations include the following: The weight, size, speed and 

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overall capabilities of the sUAS; Whether the sUAS will be operated near airports or populated areas; 

Whether the sUAS will be operated by line of sight. Each of these items mitigates in favor of an 

exemption for SBM.

SBM’s aircraft use multi counter-rotating propellers for extreme balance, control and stability. They weigh 

less than 55 pounds each, including camera or other equipment. SBM’s sUAS are designed to primarily 

hover in place and operate at less than an 86 knot maximum speed. They are capable of vertical and 

horizontal flight and operate only within the visual line of sight of the pilot-in-command (PIC). In addition to 

the PIC, SBM utilizes a qualified spotter. The qualified spotter is capable of complete aircraft operation in 

the event the PIC encounters a medical emergency during a mission. 

Utilizing battery power as opposed to combustible fuels, flights generally last between five (5) and twentyfive (25) minutes. SBM will not, under any circumstance, operate the aircraft under twenty-five percent 

(25%) battery level. Safety systems in place include a failsafe mode that allows SBM aircraft to return to 

the GPS launch coordinates if communication with the radio transmitter is lost or battery level becomes 

less than twenty-five percent (25%). SBM does not operate its sUAS near airports or populated areas.

SBM’s operation of its small unmanned aircraft will not "create a hazard to users of the national airspace 

system or the public,” 112 P.L. 95 § 3 3 3 (b). Given the small size and weight of SBM aircraft, combined 

with their operation of well-controlled areas, SBM aircraft now fall within Congress’ contemplated safety 

zone according to The Reform Act and its corresponding directive to integrate sUAS into the national 

airspace system. SBM aircraft have an outstanding safety record and do not pose any threat to the 

general public or national security. The FAA has the authority to issue the exemption to SBM pursuant to 

the Federal Aviation Act, 85 P.L. 726 (1958). 

Commercial and public benefits to granting SBM’s exemption request furthers the public interest in many 

ways. First, Congress has already pronounced that it is in the public’s interest to integrate commercially 

flown sUAS into the national airspace system, thus the passing of The Reform Act. Second, SBM 

conducts research into safe sUAS operations every time it flies one of its aircraft. Flight data, visual 

inspections, recorded observations and flight analyses are compiled to further enhance current safety 

protocols. Granting approval of this exemption request for SBM to log more flight time will augment its 

ability to further enhance current safety measures. Granting the SBM exemption request considerably 

furthers the public's interest in more ways than currently known. Allowing SBM to fly within the United 

States allows for improvements in publicly usable technologies and/or advancements in equipment 

available to law enforcement personnel and first responders with state of the art equipment that does not 

cost the tax payers millions of dollars. 

II. Reasons Why An SBM Exemption Will Not Adversely Affect Safety Or How The Exemption Will 

Provide A Level Of Safety At Least Equal To The Existing Rule

An SBM exemption will not adversely affect safety. In fact, for the many reasons stated, permitting SBM to 

gain experience and information over time will allow SBM to innovate and implement new and improved 

safety protocols and technologies.

1. SBM aircraft weigh less than 55 pounds each complete with cameras;

2. SBM only operates its sUAS below 400 feet;

3. SBM sUAS operate for 5-25 minutes per flight;

4. SBM lands our sUAS before they reach a threshold of twenty-five percent (25%) battery power;

5. SBM pilots operate SBM aircraft by visual line of sight at all times;

6. SBM pilots have live video streamed to the ground control station should they somehow lose sight

of the sUAS;

7. SBM staffs each flight with a PIC and qualified spotter capable of operating aircraft;

8. SBM aircraft have GPS flight modes whereby they return to launch if communication with the

transmitter is lost or battery threshold becomes less than twenty-five percent (25%);

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9. SBM actively examines electronic flight data and other sources of information to constantly update

and enhance safety protocols;

10. SBM only operates in secured areas that are strictly controlled, are away from airports and heavily 

populated areas;

11. SBM conducts extensive briefings prior to flight, during which safety carries primary importance;

12. SBM always obtains all necessary permissions and permits prior to operation;

13. SBM operationally administers a level of safety equal to and even greater than existing rules set

forth.

It is important to note that absent the integration of commercial sUAS into our national

airspace system, helicopters are the primary means of aerial observation. While the safety record of

such helicopters is incredible, it is far safer to operate a battery powered lightweight sUAS. First, the

potential loss of life is decreased because SBM aircraft carry no people on board and SBM only

operates in areas away from major populations. Second, there is no fuel on board SBM aircraft and

thus the potential for fire or explosions is highly decreased. Third, the small size and acute 

maneuverability of SBM aircraft allow the PIC to avoid hazards. Respectfully, SBM aircraft have and will 

always operate at and above current safety requirements. 

Summary the FAA may publish 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)(l). The 

size, weight and enclosed operational area of SBM permits exemption from Part 21 because SBM aircraft 

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 U.S.C. § 44701 (f)) 

and A. Section 333 of The Reform Act. Both pieces of legislation permit the FAA to exempt UAS from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations.

SBM aircraft 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 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 manual at the

flight operations center. 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. §

91.121 regarding altimeter settings is inapplicable in so far as SBM sUAS aircraft utilize electronic global

positioning systems and internal gyroscopes to provide spatial coordination. 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 such

certifications and registrations at the SBM flight operations center. B. 14 C.F.R. § 45.23: Marking of

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

specifications. SBM aircraft are, by definition, unmanned. Therefore, they do not have a cabin, cockpit

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

on such small aircraft. The FAA has previously issued exemptions to this regulation through Exemption

Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations. PIC 

Pursuant to 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), private pilots are limited to 

noncommercial operations. SBM can achieve an equivalent level of safety as achieved by current 

regulations because SBM aircraft do not carry any pilots or passengers.

In 14 C.F.R. § 61, et seq. D. 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. SBM sUAS aircraft will never operate at an altitude greater than 400 AGL. SBM will, 

however, operate its sUAS in sectioned off areas with security and safety being paramount, providing a 

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level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of SBM aircraft, an equivalent level of safety will be achieved. E. 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 SBM 

should its requested exemption be granted. SBM conducts an extensive maintenance program that 

involves regular software updates and constant inspection for assessment of any damaged hardware. 

Therefore, an equivalent level of safety will be achieved.

III. SBM’s Argument For Exemption From 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 

61.113(a), 61.315(a)

SBM requests an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5),

61.113(a), 61.315(a), so that the PIC of the sUAS will not be required to possess any pilot license

(sports, recreational, private or commercial). As the FAA and numerous other national airspace

regulators have recognized, sUAS operations conducted by persons who do not hold a pilot’s license

can still achieve the equivalent level of safety of current operations by manned aircraft with pilots

holding any level of pilot’s license.

Although it recognizes that a pilot’s license is unnecessary for safe sUAS operation, the FAA

has to date declined to allow grant exemptions under Section 333 that would permit individuals

who possess any pilot license (sports, recreational, private or commercial) to conduct commercial

sUAS operations. It has specified two reasons for declining to do so. First, it has stated that it does

not possess the authority under Section 333 to exempt individuals from the requirement under 49

U.S.C. §44711 to hold an airman certificate authorizing the airman to serve in the capacity for

which the certificate was issued. Exemption No. 11110 at 14. Second, the FAA has concluded that

the Department of Homeland Security (DHS) security screening required of all certified airmen

meets the statutory requirement in Section 333 that operations not pose a threat to national security.

Exemption No. 11110 at 15.

SBM respectfully requests that the FAA reconsider its position. There is no dispute that

it is unnecessary for an operator of a sUAS to go through the rigorous process of becoming a certified

pilot in order to safely operate a sUAS. In addition, the FAA does have the authority to exempt sUAS

operators from the requirement in 49 U.S.C. §44711 to hold an airman certificate for “serving in

the capacity for which the certificate was issued.” Indeed, it has exercised that authority repeatedly

in the Section 333 process. Finally, the FAA’s security concerns can be addressed by a variety of

methods involving operator background checks to be conducted by government agencies.

A. The FAA and Foreign Regulators Recognize That Obtaining a Manned Aircraft

Pilot License Is Unnecessary For Safe Operation Of a sUAS

The FAA, like the other national airspace regulators that have considered the issue, has

concluded that sUAS operations conducted by persons who do not hold a pilot’s license can still

achieve the equivalent level of safety of current operations by manned aircraft with pilots holding

any level of pilot’s license. In its recent UAS NPRM, the FAA stated:

“While these airman certification requirements are necessary for manned aircraft

operations, they impose an unnecessary burden for many small UAS operations.

This is because a person typically obtains a private or commercial pilot certificate

by learning how to operate a manned aircraft. Much of that knowledge would not

be applicable to small UAS operations because a small UAS is operated differently

than manned aircraft. In addition, the knowledge currently necessary to obtain a

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private or commercial pilot certificate would not equip the certificate holder with

the tools necessary to safely operate a small UAS... Thus, requiring persons

wishing to operate a small UAS to obtain a private or commercial pilot certificate

imposes the cost of certification on those persons, but does not result in a significant

safety benefit because the process of obtaining the certificate does not equip those

persons with the tools necessary to mitigate the public risk posed by small UAS 17

operations.”1

The FAA’s conclusion that manned aircraft flying experience is unnecessary for the operation of a sUAS is 

supported by research by the FAA and the Army Research Laboratory. They demonstrate that sUAS, 

even those much larger than the sUAS proposed by petitioner, can be safely flown by non-certificated 

pilots with a small amount of training. For example, one Army Research Laboratory study concluded:

"[T]he specific motor skills needed to control the radio-controlled UAV would have

to be learned by aviators independently of the motor skills learned in flying an

aircraft. In particular, the somatic and visual cues that pilots use during aircraft

landings would not be useful (and perhaps even counter-productive) for the

different skill sets and perceptual viewpoint necessary for radio-controlled

landings.”2

Additional research reports lend further support for the exclusion requested. For example,

a report sponsored by the FAA concluded that "We know that certain systems, like the U.S. Army

Hunter and Shadow systems, are successfully flown by pilots with no manned aircraft

experience."3

In addition, foreign government airspace regulators that have examined the issue have

consistently recognized that the skills required to fly a manned aircraft are irrelevant to operating

a sUAS. For that reason, they have concluded that sUAS operators do not need to have a private or

commercial pilot’s license. Canada, for example, does not require a pilot’s license to operate a

sUAS. Transport Canada requires training of UA operators, but that training is limited to pilot ground

school and flight operation training on sUASs, not manned aircraft. Moreover, Canada allows this 4

training to be “provided by other pilots, manufacturers, [UA] flight training organizations or . . .

self taught.” 5

 Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 9543 at 9550 (proposed Feb. 23, 2015 (to be 1

codified at 14 C.F.R. Parts 21, 43, 45, et al.)

 Michael J. Barnes, Beverly G. Knapp, Barry W. Tillman, Brett A. Walters & Darlene Veliki, Crew systems analysis of 2

unmanned aerial vehicle (UAV) future job and tasking environments, Technical Report ARL-TR-2081, Aberdeen 

Proving Ground, MD: Army Research Laboratory, page 12 (2000), available at 

http://www.dtic.mil/dtic/tr/fulltext/u2/a374230.pdf.

Kevin W. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report DOT/FAA/AM-07/3, FAA 3

Civil Aerospace Medical Institute, page 2, (2007), available at http://fas.org/irp/program/collect/ua-pilot.pdf. While the 

authors speculated that UA use in populated areas may change this assessment, indicating further research was 

needed to address this concern, this concern is inapplicable as petitioner’s flights will not be in congested areas. See

also Jason S. McCarley & Christopher D. Wickens, Human Factors Implications of UAVs in the National Airspace, 

Institute of Aviation, Aviation Human Factors Division, University of Illinois at Urbana-Champaign, 13 (2004), available 

at http://www.tc.faa.gov/logistics/grants/pdf/2004/04-G-032.pdf. 

 See Civil Aviation, Standards, Transport Canada, Advisory Circular: Guidance Material for Operating Unmanned Air 4

Vehicle Systems under an Exemption at 14 and 18-22, (Nov. 27, 2014) available at http://www.tc.gc.ca/media/

documents/ca-opssvs/ac-600-004.pdf. 

 Id. at 14. 5

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Similarly, the United Kingdom’s Civil Aviation Authority (CAA) recognized that determining “Remote Pilot 

qualification requirements on the same basis as manned aircraft may yield requirements that are too 

inflexible, too onerous and inappropriate for UAS operations.” As a result, the CAA only requires UA 6

operators to demonstrate UA operator competence. While there are a variety of ways to demonstrate 7

competence, the most common is to complete a course that will lead to a ground exam and flight test. 

Australia, too, requires only passage of a UA specific ground school program in lieu of a manned airman 

certificate. Finally, more than a dozen countries, including Germany, Italy, France, Spain and the 8

Netherlands, have adopted the National UAS Certificate for Small Unmanned Aircraft (BNUC-S) Standard 

for UA pilot certification. This standard results in a type-specific UA certificate and does not require the 9

operator to have a pilot’s license. The process involves taking a short ground school course, passing a 

ground school test and then passing a practical test on commercial operation of the specific UA per the 

UA manufacturer’s operations manual.

All of this experience and evidence indicates that the proposed exemption will provide a greater level of 

safety than operations under 14 C.F.R. §61.113. In this instance, the PICs will have gone through training 

as described above in Section I. This training and education is focused on UAs generally, and in particular 

on the aircraft to be operated, rather than taking additional time and risk to train on a manned aircraft, 

weighing several thousand pounds and carrying highly flammable fuel.

The FAA has concluded in the NPRM that such UA-specific training is more than sufficient to provide an 

equivalent level of safety for UA operations. Sometime in the next 18-24 months, that position will be 

enshrined in a valid regulation. However, in the meantime, the FAA claims it lacks the authority to relax 

the requirement to possess a pilot certificate. As we show in the next section, that position is both 

incorrect and contradicted by the FAA’s recent decisions.

B. The FAA Does Have, And Has Already, Exercised The Authority To Exempt Petitioners From The 

Airman Certificate Requirement

The FAA claims that it lacks authority to exempt UA operators from the requirement of 49

U.S. §44711 to hold an airman certificate authorizing the airman “to serve in the capacity for which

the certificate was issued.” See, e.g., Exemption No. 11110 at 14. This claim is inconsistent with

both (i) the statutory language of that section and Section 333, and (ii) numerous recent FAA

decisions.

The operative part of 49 USC §44711 provides that a “person may not . . . serve in any

capacity as an airman with respect to a civil aircraft, . . . used, or intended for use, in air commerce

— (A) without an airman certificate authorizing the airman to serve in the capacity for which the

 certificate was issued . . . “ If the FAA’s interpretation were correct, this language would require

that any person wishing to operate a UA for commercial operations have an airman certificate

authorizing the person to serve as an airman in commercial operations.

 Civil Aviation Authority, Safety Regulation Group, Unmanned Aircraft System Operations in UK Airspace – 6

Guidance, Section 2, Chapter 5, Page 2 (Aug. 10, 2012), available at

http://www.uavdach.org/aktuell_e/CAP722-UAS-Ops%20in%20UK-Airspace.pdf.

 Civil Aviation Authority, Unmanned Aircraft and Aircraft Systems, available at 7

https://www.caa.co.uk/default.aspx?catid=1995. 

 Australian Government Civil Aviation Safety Authority, available at 8

http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_100374.

 See EuroUSC International, “Pilot Qualification,” available at 9

http://eurousc.com/services/pilot-qualifications/.

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However, in all of its recent grants of Section 333 petitions, the FAA has – without explicitly 

acknowledging the fact - exempted commercial UA operators from the §44711(A) requirement that they 

hold an airman certificate authorizing them “to serve in the capacity for which the certificate was issued.” 

The FAA has done so by allowing airmen to operate UA so long as they hold a private pilot’s or sport 

pilot’s authorization, even though such a certificate does not permit commercial operations. Exemption 

No. 11062 at 15-18; Exemption No. 11110 at 14-16; Exemption No. 11191 at 3-5; and Exemption No. 

11229 at 3 and 8.

The FAA argues that it cannot exempt petitioners from the requirements of §44711 because, while the 

specific language of Section 333 grants it limited statutory flexibility relative to 49 U.S.C. §44704 for the 

purposes of airworthiness certification, Section 333 does not provide flexibility relative to §44711 and 

other sections of Title 49. Exemption No. 11110 at 14. This argument ignores the plain language of 

Section 333. The relevant language of Section 333 is:

(a) IN GENERAL.—Notwithstanding any other requirement of this subtitle, and

not later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may operate

safely in the national airspace system before completion of the plan and rule making

required by section 332 of this Act or the guidance required by section 334 of this

Act.

(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—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; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the

operation of unmanned aircraft systems identified under paragraph (1).

(c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary determines

under this section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

The language of Section 333(b) is permissive: it requires that the Secretary “determine, at a minimum . . . 

whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 

44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).” Nothing in (b) precludes the Secretary from determining whether or not a 

pilot’s license is required for operation of a UA identified under paragraph (b)(1).

Indeed, the FAA has implicitly conceded the point by granting exemptions from the requirement that 

commercial UA operators hold a commercial pilot certificate. From an analytical standpoint, there is no 

difference between granting an exemption from the commercial pilot’s license requirement and granting 

an exemption from the private or sport pilot’s license requirement. Both are clearly exemptions from a 

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specific statutory requirement in 49 U.S.C. §44711. If the FAA has the statutory authority under Section 

333(b) to do the former, it has the same authority to do the latter.10

IV. Documents Attached to Provide Support for SBM’s Petition 

• Freefly Alta User Manual Revision B

• DJI Spreading Wings S800 User Manual Version 1.10

• DJI A2 User Manual Version 1.22

• DJI Phantom 3 Professional User Manual Version 1.4

V . Summary: SBM Seeks An Exemption From The Following Regulations:

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a). 14 C.F.R. 21, subpart H; 14 

C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 

91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. 

§§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2); 14 

C.P.R.§ 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate its fleet of sUAS, to 

conduct its own research and to develop economic platforms for aerial survey, closed-set TV and motion 

picture filming, search and rescue and real-estate. Granting SBM’s request for exemption will reduce 

current risk levels and thereby enhance safety. Further, SBM operates at lower altitudes and in controlled 

airspace. SBM has been analyzing flight data and other information in compiling novel safety protocols 

and the implementation of a flight operations manual that exceeds currently accepted means and 

methods of safe flight. There are no people on board SBM aircraft and therefore the likelihood of death or 

serious bodily injury is significantly limited. SBM operation of its aircraft, weighing less than 55 pounds 

each and traveling at speeds lower than 86 knots in cordoned off areas will provide at least an equivalent 

level of safety as that achieved under current FARs. SBM respectfully requests that the FAA grant its 

exemption request without delay. The FAA has the authority to issue the exemption sought by SBM 

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958). Thank you for the time and consideration of the 

above Exemption Request. Please contact Mr. John Brummett if more information is needed or for 

questions that arise.

Thank you,

Mr. John Brummett

Skyburst Media, LLC

Owner/CEO

2145 Hemrick Rd

Cumming, GA 30041

 The FAA has not specifically identified the statutory provision that underpins its authority to grant the exemptions 10

from the commercial pilot’s license requirement. Whether the statutory basis is Section 333 or some other provision 

makes no difference. If there is a basis for a partial exemption from in 49 U.S.C. § 44711, that basis also justifies an 

exemption from the entire provision.

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VI. Appendix A

EQUIPMENT AND SETUP

GROUND STATION EQUIPMENT:

The ground station equipment is comprised of a dual control system.

• Primary controller is for the Pilot In Command (PIC)

-2.4 GHz radio transmitter unit (FCC Licensed)

-5.8 GHz video receiver (FCC Licensed)

-Display of video and telemetry

• Camera controller operates the camera gimbal and does not affect aircraft flight control

-2.4 GHz radio transmitter unit (FCC Licensed)

-5.8 GHz video receiver (Independent of PIC)

-Directional antena for improved video reception

GROUND CREW:

• PIC. The PIC will maintain a third class medical license and will maintain all required 

certification necessary to operate the sUAS.

• Camera Operator. The camera operator controls the high definition camera onboard the 

aircraft for photography and video recording.

• Visual Observer (VO). The visual observer will provide additional situational awareness during 

flight operations.

OPERATIONAL PARAMETERS:

1. The sUAS will weigh less than 55 pounds each.

2. Flights will be operated within visual line of sight of the PIC and VO.

3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be terminated at 

25% battery power reserve should that occur prior to the 25 minute mark.

4. Flights will be operated at an altitude of no more than 400 feet (122 meters) AGL. Unless a specific 

COA is obtained, the limit will be according to the “blanket” COA of 200 feet (61 meters).

5. Permission will be obtained from the property owner(s).

6. PIC and VO will be able to communicate by voice at all times during operation.

7. Operation of the sUAS will only occur during daytime hours in VFR weather conditions.

8. Operation near airports will be conducted according to the “blanket” COA unless another COA is 

obtained

- 5 nautical miles (NM) from an airport equipped with an operational control tower; or

- 3 nautical miles (NM) from an airport with a published instrument flight procedure, but not an 

 operational tower; or

- 2 nautical miles (NM) from an airport without a published instrument flight procedure or an 

 operational tower; or

- 2 nautical miles (NM) from a heliport with a published instrument flight procedure.

9. Maximum speed of 86 knots.

CLOSED-SET TV AND MOTION PICTURE FILMING:

1. Operator will have a motion picture and television operations manual (MPTOM)

2. At least 3 days before aerial filming, SBM will submit a written Plan of Activities to the local Flight 

Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The three (3) day 

notification may be waived with the concurrence of the FSDO. The Plan of Activities will include at 

least the following:

a. Dates and times for all flights;

b. Name and phone number of SBM;

c. Name and phone number of the person responsible for the on-scene operation of the UAS;

d. Make, Model and serial or N-Number of UAS to be used;

e. Name and certificate or waiver number of UAS PICs involved in the aerial filming;

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f. A statement that the operator has obtained permission from the property owner(s) and/or local 

 officials to conduct the filming production event; the list of those who gave permission will be 

 available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, 

 and/or state over which filming will be conducted and the altitudes essential to accomplish the 

 operation.

3. SBM flight operations may be conducted closer than 500 feet from participating persons consenting to

 be involved and necessary for the filming production, as specified in SBM’s MPTOM.

PRE-FLIGHT CHECK LIST:

1. Ensure weather conditions are suitable for VFR flight and wind is 20 knots or less.

2. Measure battery voltage to ensure batteries are sufficiently charged for mission before takeoff.

3. Verify all wiring connections are secure and tightly connected.

4. Lock all rotor arms in the upright flight position.

5. Inspect for cracks, damage, and loose hardware.

6. Check to make sure propellers are secure and free from dirt, cracks and chips.

7. Turn on camera equipment.

8. Install main battery and check center of gravity and balance of sUAS.

9. Verify all switch positions on the transmitters. All should be in the forward position with the exception 

of the “Mode” switch which should be set to “GPS.”

10. Turn on all video receivers and monitors.

11. Turn on all radio transmitters.

12. Connect the sUAS main battery. Check for radio connection between transmitters and receivers.

13. Check A2 Flight Controller LED indicator. One green flash indicates GPS mode. Wait for both of the 

following LED indications:

a. A string of 10 or more green flashes indicating that the sUAS forward direction has been 

 recorded.

b. 2 or less red flashes indicating that 5 or more GPS satellites have been obtained. This may 

 also be observed through the video telemetry.

14. Announce intention to take off by yelling “Clear Prop for Take Off.”

THE SMALL UNMANNED AIRCRAFT SYSTEMS (sUAS):

1. Freefly ALTA

a. Alta Airframe

- Professional Grade

- Maximum Gross Takeoff Weight: 29.9 lb / 13.6 kg

- Six (6) motors for absolute redundancy, Direct Drive 3-phase PMAC outrunner

- 7-15 minute flight time depending on battery size

b. Synapse Flight Controller with GPS

- Flight modes:

1. Manual

2. Height Hold

3. Climb Rate Control (Vario)

4. Position Hold

5. Ground Speed Control

6. Return-To-Home

7. Auto Land

- Provides failsafe features that allow the aircraft to return to the launch point and land 

 automatically in the event the command and control signal is lost or the battery has 

 reached the twenty-five percent (25%) threshold

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2. DJI Spreading Wings S800 EVO

a. S800 EVO Airframe

- Professional Grade

- Under 18 pounds takeoff weight

- Six (6) motors for absolute redundancy

- 7-15 minute flight time depending on battery size

b. DJI A2 - Flight Controller with GPS

- Provides failsafe features that allow the aircraft to return to the launch point and

 land automatically in the event the command and control signal is lost or the battery

 has reached the twenty-five percent (25%) threshold. If battery reaches a critical level, 

 the aircraft will descend and land at the current location. Control of the aircraft is 

 maintained during descent to allow the PIC to guide it to a safe landing

- Home Lock function allows safe return of the aircraft in the event of a motor failure

- Contains a database of airports and restricted airspace and automatically prevents

 operation in these areas

c. DJI 5.8 GHz Video Downlink Transmitter

- FCC Licensed

- Gives PIC first person view from sUAS for added situational awareness of craft

- Allows Camera Operator first person (and independent) view from filming camera

d. DJI iOSD Mark II - On Screen Display of Telemetry

- The iOSD Mark II superimposes telemetry data on the video downlink to provide the 

 PIC with heading, speed, height, distance, GPS information, and current battery 

 voltage as well as indicating proximity to airports and restricted airspace. Direction back 

 to launch point is also indicated

3. DJI Phantom 3 Professional

a. Phantom 3 Airframe

- Professional Grade

- Under 3 pounds takeoff weight

- 4 motors for precise and safe flight

- Maximum flight time of ~23 minutes

b. DJI Phantom Flight Controller with GPS

- Provides failsafe features that allow the aircraft to return to the launch point and

 land automatically in the event the command and control signal is lost or the battery

 has reached the twenty-five percent (25%) threshold. If battery reaches a critical level, 

 the aircraft will descend and land at the current location. Control of the aircraft is 

 maintained during descent to allow the PIC to guide it to a safe landing

- Home Lock function allows safe return of the aircraft in the event of a motor failure

- Contains a database of airports and restricted airspace and automatically prevents

 operation in these areas

c. DJI App / Live View

- 2.4 GHz ISM (FCC Licensed)

- Gives PIC first person view from sUAS for added situational awareness of craft

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