Robert J. Lee

240 W Iowa Ave

Sunnyvale, CA 94086

408­475­3673

roblee8908@gmail.com

Dear Sir or Madam:

This petition is being submitted on my behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R.

Part 11, Robert J. Lee, a freelance multimedia producer, hereby applies for an exemption from the Federal

Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System (sUAS)

commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations

are conducted with and under the conditions outlined herein or as may be established by the FAA as

required by Section 333.

The requested exemption would permit Robert J. Lee to pursue his commercial interests in providing

services to clients using a small advanced sUAV in the following areas: Real Estate, Marketing, Land

Management/Surveying, and Special Events. Robert Lee states that all sUAS flights will occur over private

or controlled access property and will do so with the property owner's consent and knowledge and that only

people who have consented or otherwise have agreed to be within the UAS’ radius during filming and

photography applications.

Robert Lee has demonstrated the ability to safely and effectively fly the sUAS (1)DJI Phantom 3 and (1)DJI

Phantom 2 which will be used for all commercial and private purposes. Robert Lee complies with local

ordinances and laws regarding the operation of sUAS, and adheres to all weather and environmental

restrictions or limitations in reference to the operations of sUAS.

All flights will occur in ordinance with any state or local laws regarding privacy.

I, Robert Lee, am seeking the exemption because I am committed to complying with all of the rules,

guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the sUAS in the manner

that I have described, and for the purposes that I have described. Without the exemption request granted, I

would be unable to safely and effectively run my business, and it is my intention to comply with the FAA and

obtain an exemption of the following regulations.

The following contains my list of regulations from which I am seeking exemption, and a complete list of

responsibilities I assume as operator; it also contains information regarding the aircraft, public benefit and

safety features, and similar petitions requests granted.

Regulations from which exemption is requested:
14 C.F.R. Part 21

14 C.F.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. 91.109

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) & (b) 14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 ­ 91.417

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited to the (1)DJI Phantom 3 and (1)DJI Phantom

2 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will

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

2. Operations for the purpose of closed­set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder

may use either ground speed or calibrated airspeed to determine compliance with the 87 knot speed

restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating

airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must

be reported in feet AGL.

5. The UA 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

FAA­issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight

(VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the

PIC always maintains VLOS capability. The VO 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 VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance

with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the

operating documents. The operating documents must be accessible during UAS operations and made
available to the Administrator upon request. If a discrepancy exists between the conditions and 4 limitations

in this exemption and the procedures outlined in the operating documents, the conditions and limitations

herein 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 or any law enforcement official upon request. The operator must also present updated and

revised documents if it petitions for extension or amendment to this grant of exemption. If the operator

determines that any update or revision would affect the basis upon which the FAA granted this exemption,

then the operator must petition for an 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.

8. 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 prior to

conducting further operations under this exemption. Functional test flights may only be conducted by a PIC

with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted

in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for

safe operation.

10. Prior to each flight, the PIC must conduct a pre­flight inspection and determine the UAS is in a condition

for safe flight. The pre­flight inspection must account for all potential discrepancies, e.g., inoperable

components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and

life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private,

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a

valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession,

or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR §

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles

and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14

CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and

experience­building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with

how the UAS will be operated under this exemption are permitted under the terms of this exemption.

However, training operations may only be conducted during dedicated training sessions. During training,

proficiency, and experience­building 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are

not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the

current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport

symbol as denoted on the current FAA­published aeronautical chart, unless a letter of agreement with that

airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The

letter of agreement with the airport management must be made available to the Administrator or any law

enforcement official upon request.

17. 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.

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

location within the private or controlled­access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions)

there is enough available power for the UA to conduct the intended operation and to operate after that for at

least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be

conducted in accordance with an ATO­issued COA. The exemption holder may apply for a new or amended

COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in

accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR

part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents

required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the

UAS any time

the aircraft is operating. These documents must be made available to the Administrator or any law

enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 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 in a

manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles

or structures has granted permission for operating closer to those objects 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. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons

under this exemption.

27. All operations shall be conducted over private or controlled­access property with permission from the

property owner/controller or authorized representative. Permission from property owner/controller or

authorized representative will be obtained for each flight to be conducted.

28. 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.

SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief previously requested in Grant of Exemption Nos.

11062, 11109, 11112, and 11213

Public Benefit and Safety

Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial video gathering

platform due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a

much smaller environmental impact which promotes public safety.

Robert Lee is petitioning for an exemption to operate a (1)DJI Phantom 3 and (1)DJI Phantom 2 with a

built­in stabilized HD camera and GPS safety features which limit its ability to limit the height it flies above

ground level (AGL), to limit the radius of the distance it flies from the operator and to exclude it from

operations within designated Class B, C and D airspace including a no­fly zone feature.

The (1)DJI Phantom 3 and (1)DJI Phantom 2 also has a failsafe function that is triggered in the event

communication is lost between the sUAS and the main controller transmitter. At that time, the sUAS will

return to its point of takeoff and land safety. If the connection is restored, the PIC can regain control of flight

and land manually.

These specifications meet with the Model Aircraft Operating Standards as set below:

The petitioner will only operate its sUAS in line­of­sight of a pilot and/or observer and will operate at sites

that are `sufficient distance' from populated areas within the sterile area described in the FOPM. Such

operations will ensure that the sUAS will "not create a hazard to users of the national airspace system or the

public."
When flying the sUAS within three (3) miles of an airport, airport operators will be notified and the operator

will give the right­of­way to avoid flying in the proximity of full­scale aircraft. Maximum flight time for each

operation will be 30 minutes.

Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to safely land

the sUAS.

The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not

more than 200 feet above an elevated platform from which videography is planned.

Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, and the camera

operator. The sUAS PIC will be an FAA licensed airman holding a minimum of a Private Pilot certificate and

a current FAA medical certificate.

The sUAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e. camera, lens,

and stabilized gimbal).

The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move

vertically and horizontally.

Given the small size of the sUAS and the restricted sterile environment within which it will operate,

SkyVideoCT’s operations adhere to the Reform Act's safety requirements.