UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: SKYSCAPE DRONE PHOTOGRAPHY, 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) CONCERN ING COMMERCIAL OPERATION OF

DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on December 10

, 15

SKYSCAPE DRONE PHOTOGRAPHY, LLC K A Kruse (owner/operator)

30 Laurel Brook Road Lincroft, NJ 07738 Cell: (732) 598

- 1211

Email: skyscapedrones @gmail.com2 TABLE	OF	CONTENTS

GLOSSARY OF	ABBREVIATIONS

................................ ................................ ................................ .................... 3

SUMMARY

................................ ................................ ................................ ................................ ............................. 4

INTRODUCTION	AND	INTERESTS	OF	THE	PETITIONER

................................ ................................ ....... 4

BACKGROUND

................................ ................................ ................................ ................................ ..................... 4

BASIS	FOR	PETITION

................................ ................................ ................................ ................................ ........ 4

A

. Name	And	Address	Of	The	Petitioner:

................................ ................................ ................................ ........... 6

B. The	Specific	Sections	Of	14	C.F.R.	from	Which	SKYSCAPE	DRONE	PHOTOGRAPHY,	LLC,	Seeks Exemption.

................................ ................................ ................................ ................................ ................................ ....... 6

C. The	Extent	Of	Relief	SKYSCAPE	DRONE	PHOTOGRAPHY,	LLC, Seeks	And	The	Reason
SKYSCAPE	DRONE	PHOTOGRAPHY,	LLC,	Seeks	The	Relief.

................................ ................................ ............. 9

D. The	Reasons	Why	Granting	SKYSCAPE	DRONE	PHOTOGRAPHY,	LLC’s	Request	Would	Be	In
The	Public	Interest;	That	Is,	How	It	Would	Benefit	The	Public	As	A	Whol e.

................................ .......... 11

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	I	Seek	Exemption.

................................ ................................ ................................ ................................ ......... 13

F. A	Summary	That Can	Be	Published	In	The	Federal	Register,	stating:	The	Rules	From	Which	I Seek	Exemption:

................................ ................................ ................................ ................................ ......................... 23

G. Any	Additional	Information,	Views,	Or	Arguments	Available	To	Support	SKYSCAPE	DRONE PHOTOGRAPHY,	LLC,	Request.

................................ ................................ ................................ ............................... 23

CONCLUSION

................................ ................................ ................................ ................................ ..................... 24

APPENDICES

................................ ................................ ................................ ................................ ...................... 253 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 Syst em

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

V MC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks exempt ion 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 me to operate an Unmanned Aircraft System (UAS) f or the commercial purpose of conducting aerial video and photography for of construction sites, real estate, landscape, and special events over certain areas of the

United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

SKYSCAPE DRONE PHOTOGRAPHY, L LC will provide its clients with expertise and knowledge in the fields of aerial photography and videography. SKYSCAPE DRONE PHOTOGRAPHY, LLC is experienced in all aspects of aerial videography and photography. The objective of SKYSCAPE DRONE PHOTOGRAPHY, LLC ‘s aerial video and photography operations is to provide low cost, high quality imaging for a variety of commercial and residential customers. As well as to provide pro bono search and resc ue services as needed by local law enforcement and emergency management organizations and to increase the public’s knowledge of UAS and promote safe UAS operations within the hobbyist community.

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3

SKYSCAP E DRONE PHOTOGRAPHY, LLC, seeks an exemp tion to operate DJI Phantom 3 systems for compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electroni c tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 1280 gram, 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 3 UA is equi pped with four main rotors; driven by Lithium Polymer Intelligent battery powered electric motors. The DJI Phantom 3 UA that will be operated by SKYSCAPE DRONE PHOTOGRAPHY, LLC, will be registered in accordance with 49 U.S.C. 44103, Registration of Aircr aft , 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, SKYSCAPE DRONE PHOTOGRAPHY, LLC, pursuant to the provisions of the

Federal A viation Regulations (14 C.F.R. § 11.61) and the F AA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Un manned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 UASs in the Nati onal 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), 91.40 9(a)(1) & (a)(2), and 91.417(a) & (b).5 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, SKYSCAPE DRONE PHOTOGRAPHY, LLC, will meet the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance wit h 14 C.F.R. Part 21, Subpart H. Accordingly, SKYSCAPE DRONE PHOTOGRAPHY, LLC, 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. SKYSCAPE DRONE PHOTOGRAPHY, LLC, submits that the requested relief is proper since an equivalent level of safety will be ensured . Petitioner will use his experience to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJI

Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by SKYSCAPE DRONE PHOTOGRAPHY, LLC , to the extent necessary to allow a Pilot in Command (PIC) by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 UAS do not require an airwo rthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SKYSCAPE DRONE PHOTOGRAPHY, LLC will ensure that the UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating do cuments (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. SKYSCAPE DRONE PHOTOGRAPHY, LLC, also seeks an exemption from the requirements of Section 91.121, entitled Altim eter Settings , as the DJI Phantom 3 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 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 my operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, SKYSCAPE DRONE PHOTOGRAPHY, L LC, seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. SKYSCAPE DRONE PHOTOGRAPHY, LLC, submits that safety will not be affected by operation of the DJI Phantom 3 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 15 minutes to the first point of in tended 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, SKYSCAPE DRONE PHOTOGRAPHY, LLC, provides the following information in support of its petition for exemption:6 A. Name And Address Of The Petitioner:

SKYSCAPE DRONE PHOTOGRAPHY, LLC K A Kruse (owner/operator)

30 Laurel Brook Road Lincroft, NJ 07738 Cell: (732) 598

- 1211

Email: skyscapedrones @gmail.com

B. The Specific Sections Of 14 C.F.R. from Which SKYSCAPE DRONE PH OTOGRAPHY, LLC, Seeks Exemption.

1. SKYSCAPE DRONE PHOTOGRAPHY, LLC, 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. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil Aircraft Airworthiness , subsection (a), states the foll owing:

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

3. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states th e 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 ope rating:

(1) Below 18,000 feet MSL, to:7 (i). The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii). If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appr opriate available station; or

(iii). In 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. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Exemption From The Require ments 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. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Exemption From The Requirement Of Section 91.405(a).

S ection 91.405, entitled Maintenance required , subsection (a), states the following: Each

ow ner 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 provide d in paragraph (c) of this section, have discrepancies repaired as prescribe d in part 43 of this chapter [.]

6. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Exemption 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 un dergone maintenance, preventive maintenance, rebuilding, or alteration unl ess:

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

7. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).8 Section 91.409, entitled Inspections , subsection (a), states t he following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 1 2 calendar months, it has had:

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for r eturn 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. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Exemption From The Requirements Of Se ctions 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 alte ration 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 airc raft. The records must include:

(i) A de scription (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 cont aining 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 o f 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 an d 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 safety9 directive number and revision date. If the AD or safety directive involve s 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 u ntil the defects are repaired and the aircraft is approved for

return to service.

C. The Extent Of Relief SKYSCAPE DRONE PHOTOGR APHY, LLC, Seeks And The

Reason SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks The Relief.

1. Extent Of Relief SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks And The Reason SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Relief From Section 61.113(a)

a nd (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 all ow 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, SKYSCAPE DRONE PH OTOGRAPHY, LLC, submits

that an equivalent level of safety will be maintained because no PIC will be allowed to operate

the DJI Phan tom 3 UA except for the petitioner. Further, SKYSCAPE DRONE PHOTOGRAPHY, LLC submits that all flights of the DJI

Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to petitioner and (2) will not carry passengers or pro perty for compensation or hire.

2. Extent Of Relief SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks And The Reason SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requ ested to the extent required to allow SKYSCAPE DRONE PHOTOGRAPHY, LLC, to determine t hat the DJI

Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in10 compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accorda nce with 14 C.F.R. Part 21, Subpart H. Therefore, SKYSCAPE DRONE PHOTOGRAPHY, LLC, will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Ins truction 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 SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks And The Reason

SKYSCAPE DRONE PH OTOGRAPHY, LLC, 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 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communi cations 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

abo ve g round level (AGL), SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks the requested relief because the DJI Phantom 3 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 maint ained since the DJI Phantom 3 UA is 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 t he UA on the heads

- up display of the GCS.

4. Extent Of Relief SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks And The Reason SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks 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 UA during daylight hours in visual meteorological conditions (VMC), under visua l flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations that SKYSCAPE DRONE PHOTOGRAPHY, LLC, proposes to conduct pursu ant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and SKYSCAPE DRONE PHOTOGRAPHY, LLC, proposed operating limitations, ensure that SKYSCAPE DRONE PHOTOGRA PH Y, LLC, will safely operate the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions ( VMC), under visual flight rules (VFR), with enough battery power to11 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 SKYSCAPE DRONE PHOTOGRAPHY, LLC , Seeks And The Reason

SKYSCAPE DRONE PHOTOGRAPHY, LLC, 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, SKYSCAPE DRONE PHOTOGRAPHY, LLC, requests relief from these Sections because DJI Phantom 3 UAS does not require

airworthiness certificates. As set f orth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly,

SKYSCA PE DRONE PHOTOGRAPH Y, LLC, will perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Instruction Manual). Furthermore, SKYSCAPE DRONE PHOTOGRAPHY, LLC,

will document and maintain all maintenance records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting SKYSCAPE DRONE PHOTOGRAPHY, LLC’s 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 publ ic interest by allowing SKYSCAPE DRONE PHOTOGRAPHY, LLC , to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, landscape, and special events as well as aid law enforcement agencies in any search or rescue operations as needed over certain areas of the

United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of SKYSCAPE

DRONE PHOTOGRAPHY, LLC, proposed operation of the DJI Phan tom 3 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 3 UA is battery powered and serves 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 UAS would reduce the amount of manned aircraft in the NAS,

reduce noise and a ir pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduc ed. The DJI

Phantom 3 UA does not require an airport to takeoff or land. Likewise, a reduction of

manned a ircraft 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.12 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 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 oper ations. By using battery power and electric motors, the DJI Phantom 3 UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utiliz ed for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by ba ttery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 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

m anned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces, at maximum gross weights with le ngths of 16 inches, widths of 16 inches, 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 a pproximately 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 UAS Will Benefit The Economy.

In addition to being s afe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like SKYSCAPE

DR ONE PHOTOGRAPHY, LLC, 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 UAS is on e such technology that not only allows companies greater operational flexibility compared to man ned aircraft, but provi des such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as SKYSCAPE DRONE PHOTOGRAPHY, LLC , can remain competitive and profitable, and therefore, provide greater job stabi lity 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 UAS, provides a stable workforce that increases consumer spendi ng; 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.13 4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, SKYSCAPE DRONE PHOTOGRAPHY, LLC, proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property

owner involvement or authorization as well as local law enforcement notification where

necessary , and in accordance with the Fede ral 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 I Seek Exemption.

1. Reasons Why The DJI Phantom 3 UA Meets 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, my operation of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certifica te 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, o r 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 Se cretary of Transportation shal l 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 th is Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall det ermine, at a minimum:

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capa bility, 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 s ecurity; and

(2) whether a certificate of waiver, certifi cate 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).14 (c) Requirements for Safe Operation.

-- If the Secretary deter mines 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 th is exemption, SKYSCAPE DRONE PHOTOGR APHY, LLC, submits that

the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

(a) The Specifications Of DJI Phantom 3 UAS Demonstrates Its Safe Characteristics.

The DJI Phantom 3 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 UAS.

The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI Phantom 3 Specifications and Data Sheet located at http://www.dji.com/product/phantom

3

- pro/info#specs

.

(ii) The D JI Phantom 3 UAS Autonomous Flight And Navigation Modes E nable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and f ully autonomous flight modes. A complete description of the flight and navigatio nal modes of the DJI

Phantom 3 UAS is available on

- line at DJI Phantom 3 User Manual located at

http://www.dji.com/product/phantom

- 3

- pro/info#downloads

.

(iii) The DJI Phantom 3 UAS Geofencing Technology Ensures The UAS Will Not Op erate In Restricted Airspace

.

T he DJI Phantom 3 GCS app incorporates a g eofencing system with continually updated airspace information

. A complete description of the geofencing features can

be found at https://www.dji.com/newsroom/news/dji

- fly

- safe

- system

.

(iv) The DJI Phantom 3 UAS Is 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 3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is

lost an d the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position or home point (set automatically at take

- off) and power of f motors.15 A complete description of the Failsafe Functions of the DJI Phantom 3 UAS is

available on

- line at DJI Phantom 3 User Manual http://www.dji.com/product/phantom

- 3

- pro/info#downloads

.

(a) Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, SKYSCAPE DRONE PHOTOGRAPHY, LLC, proposes to commercially operate DJI Phantom 3 UAS for the purpose of conducting aerial video and photography over certain areas of United States, pursuant to the followin g 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 Unmanned Aircraft Systems. 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 UA may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 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 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

.

6. The use of first person vie w (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 commun icate 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 functi ons 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 based16 obstacles/obstructions and is not permitted to operate th e 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 t he 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 ope rating 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 t o 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 s afe 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 follo w 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 document s. Maintenance, inspection, alterations, and status of replacement/overhaul component parts

must be noted in the aircraft r ecords, including total time in service, description of work accomplished, and the signature of the authorized person returning the U AS to service.17 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 inspection s.

17. 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 ev asive 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 ope rator’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 operatio ns are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 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.

19. The U A 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 NO TAM as required by the operator’s COA. The letter of agreement with the airport management must be made available

to the Administrator upon request.

20. The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from

the PIC.

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

pre

- determined location within the planned operating area and land or be

recovered in accord ance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.18 23. 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.

24. The operator mus t 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 h ours 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.

25. All a ircraft 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 a s practicable.

26. Before conducting operations the radio frequency spectrum used for operation

and c ontrol of the UA must comply with the Federal Communica tions Commission (FCC) or other appropriate government oversight agency requirements.

27. The documents required by 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 Administrator or any law enforcement official upon request.

28. The UA mu st remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

30. Flight operations must be conducted at least 500 feet from all nonpartic ipating 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 eve nt 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 a nd/or;19 (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 d etermined 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).

31. 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.

32. 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. Accide nts must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site, located at http:// www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

SKYSCAPE DRONE PHOTOGRAPHY, LLC, submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained becaus e no PIC will be allowed to operate the DJI Phantom 3 UAS except SKYSCAPE DRONE PHOTOGRAPHY, LLC, and that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a man ner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering SKYSCAPE DRONE PHOTOGRAPHY, LLC’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 UAS, SKYSCAP E DRONE PHOTOGRAPHY, LLC , submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for SKYSCAPE DRONE PHOTOGRAPHY, LLC’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 presen ted herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136

, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161 , 13844 ). SKYSCAPE DRONE PHOTOGRAPHY, LLC, will not allow any PIC to operate the DJI Phantom 3 UAS except petitioner and that PIC has demonstrated, by meeting minimum flight hour requirements or DJI Phantom 3 UAS training and currency requirements, that the PIC is20 able to safely operate the DJI Phantom 3 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 man ner 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 sam e 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 currency purposes). As in Exemption Nos. 11062, 11138, and 11153, p rior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during my proposed operations. The Administrator has held that prior documented flight experience that was obtained in c ompliance 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

accum ulated 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 exempti on 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, SKYS CAPE DRONE PHOTOGRAPHY, LLC, will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely operate the DJI Pha ntom 3 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.21 The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, SKYSCAPE DRONE PHOTOGRAPHY , LLC, will ensure that the DJI Phantom 3 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 ci rcumstances 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 , 13844 ).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 3 UA will be provided to the PIC v ia 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 my operation of the DJI Phantom 3 UA within visual line of sight, at or below 400 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 automatica lly established by the UAS at ground level. The FAA has previously granted relief from Sec tion 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, 11 067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 13844 ).

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 equ ivalent 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 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Acco rdingly, SKYSCAPE DRONE PHOTOGRAPHY, LLC, will ensure that it will safely operate the battery powered DJI Phantom 3 UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point

of intend ed 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 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 3 UAS provides 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 Phantom3 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 operating22 limitations of the UAS are considered. Relief has been granted for manned aircraft to operat e 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 pres ented 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 , 13844 ).

6. Reasons Why An Exemption From The Requirements Of Se ctions 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, SKYSCAPE DRONE PHOTOGRAPHY, LLC, submit 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 SKYSCAPE DRONE PHOTOGRAPHY, LLC, will use trained technicians to perform maintenance, alterations, or preventive ma intenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, I will document and maintain all maintenance records for DJI Phantom 3 UAS. Likewise, the exemption sought will not adversely affect safety because SKYSCAPE DRONE PHOTOGRAPHY, LLC , will use my experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, tech niques, 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 UAS will be pe rformed by me or a manufacturer authorized repair facility

. 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 my proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, I submit 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 spe cific 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 , 1384 4 ).

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, SKYSCAPE DRONE PHOTOGRAPHY, LLC , requests that t he FAA prescribe special conditions for the intended operation of DJI Phantom 3 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, a nd 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 permit23 safe operation of the UA for the limited purpose of conducting aerial video and photograph y 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 furt her, 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 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 2 1.16, 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 p ropeller, 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 find s 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 SKYSCAPE DRONE PHOTOG RAPHY, LLC,’s intended operation of DJI Phantom 3 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 I Seek Exemption:

SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks exem ption 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 I Seek:

This exemption will permit SKYSCAPE DRONE PHOTOGRAPHY, LLC, 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, O r Arguments Available To Support SKYSCAPE DRONE PHOTOGRAPHY, LLC , 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 op erate safely in the NAS. As such, SKYSCAPE DRONE PHOTOGRAPHY, LLC’s24 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, SKYSCAPE DRONE PHOTOGRAPHY, LLC, will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose o f conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the inter ests of the public, by allowing SKYSCAPE DRONE PHOTOGRAPHY,

LLC , to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially

within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, SKYSCAPE DRONE PHOTOGRAPHY, LLC, respectfully requests that the Administrator grant this Petition for an 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), and permit SKYSCAPE DRONE PHOTOGRAPHY, LLC , to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aer ial video and photog raphy over certain areas of the United States.

Dated: December 10

, 15 Respectfully submitted,

SKYSCAPE DRONE PHOTOGRAPHY, LLC

K A Kruse (owner/operator)

30 Laurel Brook Road Lincroft, NJ 07738

Cell: 732.598.1211

Email: skyscapedrones @gmail.com25 APPENDICES

Appendix A

- Phantom 3 Technical Specifications Appendix B

- Phantom 3 Pre

- Flight Inspection Check List Appendix C

- Phantom Flying Flowchart Appendix D

- Monthly Maintenance Log26 APPENDIX A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

SKYSCAPE DRONE PHOTOGRAPHY, LLC, 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 airs pace. 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 t he linked monitor (smart phone/tablet devices).

Phantom 3 Professional

Purchased from DJI

AIRCRAFT

Weight (including battery and
propellers) 1280 g

Diagonal size (including
propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy • Vertical: +/

- 0.1 m (when Vision Positioning
is active) or +/

- 0.5 m

• Horizontal: +/

- 1.5 m

Max Speed 16 m/s (ATTI mode, no wind)

Max Service Ceiling Above

Sea Level 6000 m (Software altitude limit: 120 m
above takeoff point)

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

GIMBAL

Controllable Range Pitch

- 90° to +30°

Stabilization 3

- axis (pitch, roll, yaw)

REMOTE CONTROLLER27 Operating Frequency 2.400 GHz

- 2.483 GHz

Max Distance Up to 5 km or 3.1 miles (unobstructed, free

of interference) when FCC compliant
Up to 3.5 km or 2.1 miles (unobstructed, free
of interference) when CE compliant

Video Output Port USB/HDMI

Operating Temperature 0°C

- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder For tablet or phone

Receiver Sen sitivity (1%PER)

- 101 dBm ±2 dBm

Transmitter Power (EIRP) • FCC: 20 dBm

• CE: 16 dBm

Working Voltage 1.2 A @7.4 V

INTELLIGENT FLIGHT B ATTERY

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Max Flight Time Approximately 23 minutes

Operating Temperature

- 10°C to 40°C

Max Charging Power 100 W

CAMERA

Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4
M (total pixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equivalent)28 f/2.8, focus at ∞

ISO Range 100

- 3200 (video) 100

- 1600 (photo)

Shutter Speed 8s

- 1/8000s

Image Max Size 4000 x 3000

Still Photography Modes • Single Shot

• Burst Shooting: 3/5/7 shots

• Auto Exposure Bracketing (AEB): 3/5

• Bracketed Frames at 0.7EV Bias

• Time

- lapse

Video Recording Modes • UHD: 4096x2160p 24/25, 3840x2160p

24/25/30

• FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types Micro SD
Max capacity: 64 GB. Class 10 or UHS

- 1
rating required

Max Bitrate of Video Storage 60 Mbps

Supported File Formats • FAT32/exFAT

• Photo: JPEG, DNG

• Video: MP4, MOV (MPEG

- 4 AVC/H.264)

Operating Temperature 0°C to 40°C

VISION POSITIONING

Max Velocity Less than 8 m/s (when 2 m above ground)

Altitude Range 50 cm

- 300 cm

Operating Range 50 cm

- 300 cm

Operating Environment Surface with clear pattern and adequate
lighting (Lux > 15)

BATTERY CHARGER29 Voltage 17.4 V

Rated Power Phantom 3 Professional

• 100 W

APP / LIVE VIEW

Mobile App DJI GO

EIRP 100mW

Power Spectral Density 6.9mW/MHz

Live View Working

Frequency 2.4GHz ISM

Live View Quality 720P @ 30fps (depending on conditions and
mobile device)

Latency 220ms (depending on conditions and mobile
device)

Required Operating Systems • iOS 8.0 or later

• Android 4.1.2 or later

Recommended Devices • iOS: iPhone 5s, iPhone 6, iPhone 6 Plus,

iPad Air, iPad Air Wi

- Fi + Cellular, iPad

mini 2, iPad mini 2 Wi

- Fi + Cellular, iPad

Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini

3, and iPad mini 3 Wi

- Fi + Cellular. This
app is optimized for iPhone 5s, iPhone 6,

and iPhone 6 Plus

• Android: Samsu ng tabs 705c, Samsung S6,

Samsung S5, Samsung NOTE4, Samsung
NOTE3, Google Nexus 9, Google Nexus 7

II, Ascend Mate7, Nubia Z7 mini, SONY Z3

EXPERIA, MI 3, MI PAD30 APPENDIX B

PHANTOM 3 PRE

- FLIGHT & FLIGHT CHECK LIST

Pre

- Flight Check List

! Visual inspection for defects

! Batteries fully charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible

device

! Props tightened and locked

! SD card in camera

! Lens cap removed (As necessary)

! Antennae up and parallel

! Transmitter turned on (press once, release, then press and hold for 3 seconds)

! Ensure Transmitter is in P Mode

! UAS turned on (press once, release, then press and hold for 3 seconds)

! Flick the transformation switch on transmitter up and down 4 times quickly to convert f rom travel mode to fl ight mode or use the app

! Verify internet connection (for satellite maps and updates)

! DJI Go app quit and restarted, no other running apps on iPad

! Verify DJI Go ind ic ates no software or firmware updates are available

! Tap bar at top of app (Safe to Fly GPS) for full status

! Calibrate compass

! Maps are cached (move the map around, zoom in an out)

! Minimum return height adjusted (check for tallest object and set accordingly)

! UAS placed in safe launch and recover position

! Home point reprogrammed via app

! Area clear of people / obstructions

Flight Check List

! Hover close for 20 seconds. Look / Listen for defects Confirm expected stick operation

! Monitor battery power

! Monitor signal strength

! Keep line

- of

- sight with UAS

! Ensure area/zone of intended flight path is clear of other aerial traffic.

! Ensure area/zone of intended flight path is clear of any electrical/power lines

! Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

! Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required31 APPENDIX C32 APPENDIX D

DRONE MAINTENANCE LOG

Date:

Registration
Number:

Performed By: Signature:

UAV firmware version: Update performed: Y N

Gimbal firmware version: Update performed: Y N

Controller firmware version: Update performed: Y N

Pilot App software version: Update performed: Y N

Status Work Performed

Airframe

Motors

Propellers

Camera

Gimbal

Landing Gear

Vibration Dampening

Batteries