UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. FAA-2007-0001 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Ray Sanderson

SkyHigh video and photograhpy LLC. 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 2 VISION+ UNMANNED AIRCRAFT 

SYSTEMS 

PURSUANT TO SECTION 333 OF 
THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on September 15, 2015 

SkyHigh Video and Photography LLC. 

Ray Sanderson

4017 Andover Circle

McDonough, Georgia 30252

404-409-8307

raysanderson@charter.net 
TABLE OF CONTENTS 

Page 

GLOSSARY OF ABBREVIATIONS .................................................................................. 3 

SUMMARY .......................................................................................................................... 4 

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4 

BACKGROUND ...................................................................................................................5 

BASIS FOR PETITION ........................................................................................................ 5 

NAME AND ADDRESS OF PETITIONER. ........................................................... 8 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SKYHIGH 

SEEKS EXEMPTION ........................................................................ 8 

THE EXTENT OF RELIEF SKYHIGH SEEKS AND THE REASON 

SKYHIGH SEEKS THE RELIEF............... .......................................... 11 

THE REASONS WHY GRANTING SKYHIGH'S REQUEST WOULD 
BE IN THE PUBLIC INTEREST ........................................................................ 15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY ......................................................................... 19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. .... 35 

CONCLUSION ................................................................................................................... 35 

EXHIBITS........................................................................................36 

GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 
CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

SO Safety Observer 

SOP Standard Operating Procedures 
UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 
SUMMARY 

Ray Sanderson DBA Skyhigh Video and Photography LLC. seeks exemption from the requirements of 14 

C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 360 

Sky Vision LLC to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction sites, real estate, NonProfit, and other community special events. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Skyhigh Video and Photography LLC. (hereinafter referred to as Skyhigh) Skyhigh wishes to 

provide commercial clients with affordable highest quality digital content for use in 
their commercial, personal, and other photography related projects. Skyhigh also 

provides the community and Non-Profit organization our services for no charge as a 

way of giving back to the community. Skyhigh is experienced in unmanned 

aerial videography with over 5 years recreational/hobby experience in all aspects of RC 

Aircraft, Quadcopters and other small UAV’s. The objective of Skyhigh's aerial 

video and photography operations is to provide high quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting: 

. Aerial Real Estate photography 

. Aerial Real Estate Video 

. Free Services to Non-Profit and Community Organizations 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS 
Skyhigh seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 3 professional is a vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 3 professional has a maximum 

gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches 

width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. 

The DJI Phantom 2 Vision+ UA is equipped with four main rotors; driven by Lithium 

Polymer battery powered electric motors. 

The DJI Phantom 3 professional UA that will be operated by Skyhigh will be 

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, 

Identification and Registration Marking. 

BASIS FOR PETITION 
Petitioner, Skyhigh, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 2 Vision+ UAS in 

the National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating area associated 

with the unmanned aircraft and its operation, 360 Sky Vision operation of DJI 

Phantom 3 professional UAS meets the conditions of FMRA Section 333 and therefore, will 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, Skyhigh requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

Skyhigh submits that the requested relief is proper since an equivalent level 

of safety will always be ensured (see Exhibit D). Skyhigh will use licensed 

technicians or the manufacturers service centers to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 

3 professional Instruction Manual). Furthermore, Skyhigh will document and maintain 

all maintenance records for the DJI Phantom 3 professional UAS. 
Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by Skyhigh to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting 

minimum flight- hour and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 3 professional UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Skyhigh seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 professional UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Skyhigh 

submits that it will ensure that the DJI Phantom 3 professional UAS are in an airworthy 

condition, prior to every flight, by determining that the UASs are in compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 professional 

Instruction Manual), and that the aircraft are in a condition for safe flight. 

Skyhigh also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 professional UA will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 professional

UA will be provided to the PIC via Global Positioning System (GPS) equipment 

and radio communications telemetry data link, which downlinks from the UA to the GCS 

for active monitoring of the flight path. This altitude information, combined with 360 Sky 

Vision’s operation of the DJI Phantom 3 professional UAS within visual line of sight, at or 

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121 and our 
additional safety requirements as outlined in Exhibit D.. 

Additionally, Skyhigh seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Skyhigh 

submits that safety will not be affected by operation of the DJI Phantom 3 professional UA 

during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to fly for a total duration of approximately 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes. 

In accordance with 14 C.F.R. § 11.81, 360 Sky Vision provides the following 

information in support of its petition for exemption: 

A. Name and Address of The Petitioner. 

The name and address of the Petitioner and point of contact is as follows: 

Skyhigh Video and photography LLC 

Ray Sanderson

4017 Andover Circle
McDonough, Georgia 30252

404-409-8307

raysanderson@charter.net 

B. The Specific Sections Of 14 C.F.R. From Which Skyhigh Seeks 

Exemption. 

1. Skyhigh Seeks Exemption From The Requirements Of Section 

61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 
(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 
2. Skyhigh Seeks Exemption From The Requirements Of Section 

91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. Skyhigh Exemption From The Requirements Of Section 

91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part: 
(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(ii) there is no station within the area prescribed in paragraph (a)(1)(i) of 
this section, the current reported altimeter setting of an appropriate 

available station; or 

(iii) the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure. 

4. Skyhigh Exemption From The Requirements Of Section 

91.151(b). 
Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 20 minutes. 

5. Skyhigh Exemption From The Requirement Of Section 

91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

Each owner or operator of an aircraft—

(a) Shall have that 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[.] 
6. Skyhigh From The Requirements Of Section 91.407(a)(1) Section 

91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under

43.7 of this chapter. 

7. Skyhigh Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: 
(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

8. Skyhigh Exemption From The Requirements Of Sections 
91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include--
(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 
(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or 
safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 
(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the 

work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 
C. The Extent Of Relief Skyhigh Seeks And The Reason Skyhigh Seeks 

The Relief. 

1. Extent Of Relief Skyhigh Seeks And The Reason Skyhigh 

Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 

private pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) 

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 
compensation or hire. 

As set forth more fully below, Skyhigh submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

professional other than the person listed as Ray Sanderson, who has 5 years’ 

experience in RC/VAV operation. In addition all flights must full under the safety 

guidelines of Exhibit D, which will be updated as new FAA guidelines take place. 

Further, Skyhigh submits that all flights of the DJI Phantom 3 professional 

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to 

Skyhigh business; and (2) will not carry passengers, packages or property for 

compensation or hire. 

2. Extent Of Relief Skyhigh Seeks And The Skyhigh Seeks Relief 

From Section 91.7(a). 
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow 360 Sky Vision to determine that the DJI Phantom 3 professional UAS 

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating documents (i.e., the Skyhigh Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 professional Instruction Manual). 

Skyhigh seeks the requested relief because the DJI Phantom 3 professional UAS 

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, Skyhigh will ensure that the DJI Phantom 3 professional UAS are in 

airworthy condition based upon its compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) prior to every 

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the 

conditions and limitations below. 

3. Extent Of Relief Skyhigh Seeks And The Reason Skyhigh

Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the DJI Phantom 3 professional UAS, which utilize a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to downlink 

altitude information from the UA to the PIC at the ground control station (GCS). Since the 

FAA requires that any altitude information concerning UAS operations be reported to air 

traffic control (ATC) in feet above ground level (AGL), Skyhigh seeks the 

requested relief because the DJI Phantom 3 professional UA’s altimeter may be set on the 
ground to zero feet AGL, rather than the local barometric pressure or field altitude, before 

each flight. 
Considering the limited altitude of the proposed operations, relief from 14 CFR 

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety will 

be maintained since the DJI Phantom 2 Vision+ UAs are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with altitude 

information of the UA on the heads-up display of the GCS. 

4. Extent Of Relief Skyhigh Seeks And The Skyhigh Relief From 

Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 3 professional UAs during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. Skyhigh seeks the requested relief because without an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 professional 

UA will severely constrain the practicality of any aerial video or still photo flight 

operations that Skyhigh proposes to conduct pursuant to this Petition. 
Significantly, as set forth below, the technical specifications of the DJI Phantom 3 professional

UAS, the DJI Phantom 3 professional operating documents, and Skyhigh's 

proposed operating limitations, ensure that Skyhigh will safely operate the battery 

powered DJI Phantom 3 professional UAs during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), with enough battery 

power to fly for a total duration of 13.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

5. Extent Of Relief Skyhigh Seeks And The Reason Skyhigh

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b) only apply to aircraft with an airworthiness certificate, Skyhigh requests relief 

from these Sections because the DJI Phantom 3 professional UAS does not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 professional 

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Skyhigh will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, 

techniques, and practices prescribed in the UAS operating documents (i.e., the Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 professional Instruction 

Manual). Furthermore, Skyhigh will document and maintain all maintenance 
records for the DJI Phantom 3 professional UAS. 

D. The Reasons Why Granting Skyhigh Request Would Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing Skyview

to safely, efficiently, and economically perform aerial video and photography

for Non-Profit and Community Organizations, as well as, pursue revenue for a 

Small Business in the USA as we provide commercial services for Homes and Land for 

sale, Places of Lodging, Golf Courses, and other commercial properties seeking the 

described services for marketing purposes. 

Additionally, use of the DJI Phantom 3 professional UAS will decrease congestion 

of the NAS and reduce pollution, since past aerial photography required large manned 

aircraft for extended periods of time. Notably, the benefits of Skyhigh's proposed 

operation of the DJI Phantom 3 professioanl UAS will be realized without implicating any 

privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 professioanl UA are battery powered and serve as a safe, 
efficient, and economical alternative to the manned aircraft traditionally utilized to obtain 

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 3 professional UAS would 

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well 

as increase the safety of life and property in the air and on the ground (as outlined in 

Exhibit D). 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. 

The DJI Phantom 3 professioal UA do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting aerial video and photography missions would 

result in fewer aircraft that must be handled by air traffic control during the ground, 

takeoff, departure, arrival, and landing phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The 

DJI Phantom 3 professional UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 professioanl UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air 

and noise pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 3 professional 

UAS produce no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine aircraft that are 
typically utilized for aerial video and photography, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The DJI Phantom 3 professional UA, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UAs are propelled by battery powered electric motors, rather than an internal 

combustion engine. 

By using the DJI Phantom 3 professional UAS to perform aerial acquisitions, the 

substantial risk to life and property in the air and on the ground, which is usually 

associated with traditional manned aircraft flight operations, will be substantially 

reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the DJI Phantom 3 professioanl UA (weighing approximately 2 pounds 

11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with 

lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches 

respectively, and with no fuel on board), has less physical potential for collateral damage 

to life and property on the ground, and in the air, compared to the manned aircraft that 

typically conduct similar operations (weighing approximately 6,000 pounds with a 

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 

gallons). 

3. Performing Aerial Video and Photography Operations with The DJI 

Phantom 3 professional UAS Will Benefit Non-Profit and Community 

Organizations. 
As stated earlier in this petition, Skyhigh provides free services to NonProfit and Community Organization that normally could not afford to have their event or 

site professionally photographed. 

4. Performing Aerial Video and Photography Operations with The 

DJI Phantom 3 professional UAS Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 professional is also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the DJI Phantom 3 professional UAS will allow United States based 

companies, like Skyhigh, to remain competitive and contribute to growth of the 

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S.

owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 3 professional UAS is one 

such technology that not only allows companies greater operational flexibility compared 

to manned aircraft, but provides such flexibility without the high operational cost of a 

traditional manned aircraft. 

By operating the DJI Phantom 3 professional UAS, companies such as Skyhigh,

can remain competitive and profitable, and therefore, provide greater job 
stability to employees and contractors, which will ultimately contribute to growth of the 

U.S. economy. Improved financial performance of U.S. companies, through commercial 

use of the DJI Phantom 3 professioanl UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in 

the United States and abroad. 

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Skyhigh proposed operation of the DJI Phantom 3 professioanl UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 professioanl UAS will be 

operated only in compliance with operating documents (i.e., the Skyhigh's Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 professioanl Instruction 

Manual) which requires property owner involvement as well as local law enforcement 

notification, and in accordance with the Federal Aviation Regulations, including the 

minimum altitude requirements of 14 C.F.R. § 91.119. 

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 Skyhigh Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 professional UA Meet The Conditions Of 

The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. 
In consideration of the size, weight, speed, and limited operating area associated 

with the unmanned aircraft and its operation, Skyhigh operation of the DJI 

Phantom 3 professioanl UAS meet the conditions of FMRA Section 333, and will not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security. 

Specifically, FMRA Section 333 states the following, in part: 

(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 rulemaking 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. 

In seeking this exemption, Skyhigh submits that the DJI Phantom 3 professioanl

UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 professioanl UAS; (b) the pilot 

certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 professional UAS Demonstrate 

Its Safe Characteristics. 

The DJI Phantom 3 professional UAS does not create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security considering its size, weight, 

speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 professional UAS. 
The technical specifications of the DJI Phantom 3 professional UAS is set forth by the 

DJI Phantom 2 Vision+ Specifications and Data Sheet, attached hereto as Exhibit A. 

ii. The DJI Phantom 3 professional UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A 

Defined Operational Area.

The DJI Phantom 3 professional UAS may be operated in both manual and fully 

autonomous flight modes. A complete description of the flight and navigational modes of 

the DJI Phantom 3 professioanl UAS is provided at pages 25-32 of the DJI Phantom 3 professional

User Manual, attached hereto as Exhibit B. 

The DJI Phantom 3 professional UAS Are Designed For 

Automatic Return To Home Point Or Hover In The Event Of 

Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 2 Vision+ UA will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 professional

UA does not reacquire control link data from the GCS, the UA will assume that 

the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) 

via GPS, and will descend to the takeoff position and shutdown. 
A complete description of the Failsafe Functions of the DJI Phantom 3 professional 

UAS are set forth at pages 27 through 28 of the DJI Phantom 3 professional User Manual, 

attached hereto as Exhibit B. 

iv. The DJI Phantom 3 professional GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 professioanal

GCS and flight control software is provided at pages 32 through 43 of the DJI 

Phantom 3 professional User Manual. DJI Phantom 3 professional User Manual is attached hereto 

as Exhibit B. 

b. Flight Operations Of DJI Phantom 3 professional UAS Are Limited To 

The Line Of Sight Of A Certificated Pilot in Command With A 

Safety Observer. 

Skyhigh will only utilize certificated operators to act as a pilot in command (PIC) of the DJI Phantom 3 

professional

UAS. Additionally, a safety observer will assist all pilots during flight time. And 

the guidelines exhibited in D, will be followed at all-times ensuring the safety of all 

involved. 

c. Flights Of DJI Phantom 3 professional UAS Will Be Conducted Pursuant 
To Specific Operating Limitations. 

In seeking this exemption, proposes to commercially operate DJI Phantom 3 professional

UAS for the special purpose of conducting aerial video and photography over 

certain areas of Lake Hopatcong and surrounding areas, pursuant to the following 

specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 professional 

Unmanned Aircraft System. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting 

operations for the purpose of aerial video and photography. 

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 
4. The UA must be operated at an altitude of no more than 500 feet above ground 

level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All 

altitudes reported to ATC must be in feet AGL. 

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is 

not permitted. 
7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The 

PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can 

perform the functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible 

during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, 

the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the 
procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents 

if it petitions for extension or amendment to the grant of exemption. If the 

operator determines that any update or revision would affect the basis upon 

which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to 

the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented 

in the aircraft records. 
11. Any UAS that has undergone maintenance or alterations that affect the 

UAS operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight. The PIC who conducts 

the functional test flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, 

e.g. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 

requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 
must be noted in the aircraft records, including total time in service, 

description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

15. Each UASs operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between 

inspections. 

17. The PIC must possess at least a private pilot certificate and at least a 

current third- class medical certificate. 
18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 

C.F.R. 

§ 61.51(b). Flights for the purposes of training the operator’s PICs are 
permitted under the terms of the exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 

91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

19.1. All operations must be conducted under visual meteorological 

conditions (VMC). If flight at night is required, a special request will be made 

at the FAA office closest to proposed area of operations. Flights under special visual 

flight rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. 

The letter of agreement with the airport management must be made available 
to the Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from 

the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined 

location within the planned operating area and land or be recovered 

in accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles 

or emergencies in accordance with the operating documents. 
24. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery 

power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations under 

the grant of exemption. This COA will also require the operator to request a 

Notice to Airman (NOTAM) not more than 72 hours in advance, but not less 

than 48 hours prior to the operation. All operations shall be conducted in 

accordance with airspace requirements in the ATO issued COA including class 

of airspace, altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified 

by serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 
27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time 

the UAS is operating. These documents must be made available to the 

dministrator or any law enforcement official upon request. 

29. Skyhigh abides and enforces the safety checklist to as exhibited in 

section D to ensure that we provide safety for everyone in and near to the 

site.. 
30. The UA must remain clear and yield the right of way to all manned 

aviation operations and activities at all times. 

31. The UAS may not be operated by the PIC from any moving device or 

vehicle. 

32. Flight operations must be conducted at least 400 feet from all 

nonparticipating persons (persons other than the PIC, SO, operator trainees 

or essential persons), vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an 

accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately and/or; 
b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not 

present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 

91.119(a). 

33. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 
34. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety. 

Skyhigh submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom 3 professional UAS unless that PIC has demonstrated, by meeting minimum flighthour 

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 professional

UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Considering Skyhigh's proposed area of operations, and the operating 
limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI Phantom 3 professional UAS, Skyhigh's

submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Skyhigh's

specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

Skyhigh will not allow any PIC to operate the DJI Phantom 3 professional 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements 

or the DJI Phantom 3 professioanl UAS training and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 professional UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 
Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model 

of 

UAS to be used for operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days 

(for acuracy purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure an 

equivalent level of safety during 360 Sky Vision proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations 

for the purpose of motion picture filming (or similar operations), the PIC must 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as 

a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 

11062, the PIC must also have accumulated and logged a minimum of 5 hours as 

a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption. For clarification, the FAA considers these 

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours 
make and model time may be included in the 10 hours of multi-rotor time and the 

10 hours may be included in the total 25 hours of UAS rotorcraft time. In 

addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). The FAA finds that at 

a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate 

to practice and build proficiency in the skills necessary to safely conduct the 

petitioner’s proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations 

would satisfy this requirement. Training, proficiency, and experience-building 

flights can also be conducted under the grant of exemption to accomplish the 

required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Skyhigh will ensure safe operations by not allowing any PIC 

to operate the DJI Phantom 3 professional UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour and accuracy requirements, that the PIC is able to safely 

operate the DJI Phantom 3 professional UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from 
people, vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 

91.7(a) Would Not Adversely Affect Safety. 

360 Sky Vision requires a tight set of rules that follow best practices and FAA 

requirements and guidelines (Exhibit D). 

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, plus Skyhigh also requires the safety checklist in 

Exhibit D that ensures that the DJI Phantom 3 professional UAS is in an airworthy condition 

based upon the UAS’s compliance with its operating documents and as stated in the 

conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific 

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112,11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 

91.121 Would Not Adversely Affect Safety. 
As outlined in Exhibit D, Skyhigh fly’s only under a very set rules. We 

believe these rules include and go beyond current FAA guidelines. Therefore, the 

equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom 3 professional UA will be provided to the PIC via 

GPS equipment and a radio communications telemetry data link, which downlinks from 

the UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with Skyhigh's operation of the DJI Phantom 3 professional 

UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 

point is automatically established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety. 
A grant of this exemption would ensure an equivalent level of safety established 

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 2 Vision+ UAs; (2) the limitations on the proposed flight operations; and (3) 

the location of the proposed flight operations. Accordingly, Skyhigh will ensure 

that it will safely operate the battery powered DJI Phantom 3 professioanl UA during 

daylight hours in VFR conditions, with enough battery power to fly for a total duration 

of 13.5 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 

3 professional UAS; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ 

UAS provide audible and visual warnings to the PIC at the GCS when the UAs 

experiences low battery voltage, the first warning occurring at approximately 33% 

remaining battery power, and again at approximately 10% remaining battery power. At 

the critically low battery level, the DJI Phantom 3 professional UAS will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 

91.151 establish that safety is not adversely affected when the technical characteristics 

and operating limitations of the UAS are considered. Relief has been granted for manned 
aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief 

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 

11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) 

Would Not Adversely Affect Safety. 

In seeking this exemption, Skyhigh submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements established 

by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be 

met because Skyhigh will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the Skyhigh Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 professional Instruction 
Manual). 

Furthermore, Skyhigh will document and maintain all maintenance records for the 

DJI Phantom 3 professional UAS. 

Since the DJI Phantom 3 professional UAS will be inspected as prescribed by the 

operating documents, Skyhigh will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI 

Phantom 3 professional User Manuals are attached hereto as Exhibit B; a copy of the DJI 

Phantom 3 professional UAS Maintenance LOG is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because Skyhigh

will use trained technicians to perform maintenance, alterations or preventive 

Maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom 3 professional UAS will be performed by trained technicians. Maintenance 

will be documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety 

is not adversely affected when the technical characteristics and operating limitations of 

the UAS are considered. 
In consideration of Skyhigh proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 professional UAS, Skyhigh

submits that safety will not be adversely affected by granting exemption from 14 

C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). 

The FAA has previously granted relief specific to UAS in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161). 

In additional Skyhigh fly's only under a tight set of rules which can be found in 

Exhibit D, which ensure the safest operation under any foreseen circumstance. 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Skyhigh 

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3 professional UAS, which contain such safety standards that the Administrator 

finds necessary 
to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart 

H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe 

operation of the UAs for the limited purpose of conducting aerial video and photography 

over certain areas of the United States for compensation or hire. FMRA Section 333 sets 

forth the requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, provides 

the authority for such UAS to operate without airworthiness certification in accordance 

with any requirements that must be established for the safe operation of the UAS in the 

NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 

C.F.R. 21.16, for operation of the DJI Phantom 3 professional UAS, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, 

due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not 

contain adequate or appropriate safety standards for an aircraft, aircraft engine, or 

propeller because of a novel or unusual design feature of the aircraft, aircraft 

engine or propeller, he prescribes special conditions and amendments thereto for 

the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or 
propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the 

FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI 

Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator 

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. 

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

F. A Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which 360 Sky Vision Seeks Exemption: 

Skyhigh seeks exemption from the requirements of 14 C.F.R Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 
& (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption Skyhigh Seeks: 

This exemption will permit Skyhigh to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States. 

G. Any Additional Information, Views, Or Arguments Available To Support Skyhigh

Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 

2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if 

certain UAS may operate safely in the NAS. As such, Skyhigh request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS 

will create a hazard to users of the NAS or the public, or otherwise pose a threat to 
national security; and further, provides the authority for such UAS to operate without 

airworthiness certification. 

As discussed in detail above, Skyhigh will operate the DJI Phantom 3 professional 

UASs safely in the NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security. 

Exhibits: 

A – DJI Phantom 3 professional Specifications Data Sheet 

B – DJI Phantom 3 professional Manufacturer’s User Manual 

C – Monthly Maintenance Log 

D – Skyhigh's On-Site Safety Checklist 
EXHIBIT – A 

DJI PHANTOM 3 professional TECHNICAL 

SPECIFICATIONS 

Skyhigh only utilizes safe and reliable UASs. DJI is an industry leader in small 

UAS production. DJI UASs are loaded with ground breaking software enabling the user 

to set parameters which will not allow flight into controlled airspace. Parameters can also 

be set to limit flight to no higher than a predetermined and set altitude as well as limit 

flight to a predetermined and set distance. In addition, DJI software provides real-time 

altitude and location information to the PIC via the linked monitor (smart phone/tablet 

devices) 

Aircraft 

Supported Battery: DJI 5200mAh LiPo Battery 

Weight (Battery & Propellers included): 1242g 
Hover Accuracy (Ready to Fly): Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity; 200°/s 

Max Tiltable Angle: 35° 

Max Ascent / Descent Speed: Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed: 15m/s (Not Recommended) 

Diagonal motor-motor distance: 350mm 

Remote Control 

Operating Frequency: 5.728 GHz-5.85 GHz 

Communication Distance (open area): CE Compliance: 400m; FCC 

Compliance: 800m 

Receiver Sensitivity (1%PER): -93dBm 

Transmitter Power: CE Compliance: 25mW; FCC Compliance: 100mW 

Working Voltage: 120 mA@3.7V 
Built-in LiPo Battery Working Current/Capacity: 3.7V, 2000mAh

Range Extender

Operating Frequency: 2412-2462MHz 

Communication Distance (open area): 500-700m 

Transmitter Power: 20dBm 

Power Consumption: 2W 

EXHIBIT – B 

DJI Phantom 3 professional Manufacturer’s User Manual 

See Separate document attached to the Docket 

EXHIBIT – C 

MONTHLY MAINTENANCE LOG 

month: 
year: 

UAS #: 

Date Issue 

Discovered 

Date Issue 

Addressed 

Issue Description & Maintenance Conducted 

Maintenance Performed By: 

Print & Sign 

Software Updates 
Airframe 

Engines 
Propellers 

Camera Gimbal 
Landing Gear 

Vibration Dampening 
Other: 
Skyhigh video and photgraphy LLC.

Ray Sanderson 

4017 Andover Circle

McDonough, Georgia

404-409-8307 

Email: raysanderson@charter.net