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) CONCERNING 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.com 
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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	Whole. .......................................... 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......................................................................................................................................................25
3

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

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
4

SUMMARY

SKYSCAPE DRONE 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 me to operate an 

Unmanned Aircraft System (UAS) for 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, LLC 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 rescue 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

SKYSCAPE DRONE PHOTOGRAPHY, LLC, seeks an exemption 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 electronic 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 equipped 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 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, SKYSCAPE DRONE PHOTOGRAPHY, LLC, 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 3 UASs 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). 
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 with 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 maneuvers 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 airworthiness 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 documents (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 Altimeter 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, LLC, 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 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, 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 PHOTOGRAPHY, 

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 following: 

(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 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:
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 appropriate 

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 

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. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks 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. 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 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. 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 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. SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks 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 
9

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 SKYSCAPE DRONE PHOTOGRAPHY, 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) 

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, SKYSCAPE DRONE PHOTOGRAPHY, LLC, submits 

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

the DJI Phantom 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 property 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 requested to the extent 

required to allow SKYSCAPE DRONE PHOTOGRAPHY, LLC, to determine that the DJI 

Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in 
10

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 accordance 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 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 SKYSCAPE DRONE PHOTOGRAPHY, LLC, Seeks And The Reason 

SKYSCAPE DRONE PHOTOGRAPHY, 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 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), 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 maintained 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 the 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 visual 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 pursuant 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 PHOTOGRAPHY, 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 to 
11

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 forth more fully below, the DJI Phantom 3 UAS meets the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

SKYSCAPE DRONE PHOTOGRAPHY, 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 public 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 Phantom 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 air 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 reduced. The DJI 

Phantom 3 UA does 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. 
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 operations. 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 utilized 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 battery 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 

manned 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 lengths 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 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 UAS 

Will Benefit The Economy. 

In addition to being safe 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 

DRONE 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 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 UAS, companies such as SKYSCAPE DRONE 

PHOTOGRAPHY, LLC, 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 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. 
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 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 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 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). 
14

(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, SKYSCAPE DRONE PHOTOGRAPHY, 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/phantom3-pro/info#specs. 

(ii) The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The 

UAS To Remain Within A Defined Operational Area. 

The DJI Phantom 3 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 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 

Operate In Restricted Airspace. 

The DJI Phantom 3 GCS app incorporates a geofencing 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 and 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 off 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 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 

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 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 
16

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. 
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 inspections. 

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 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. 

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 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.

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 accordance 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 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. 

25. 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. 

26. 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. 

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 must 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 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; 
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 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). 

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. Accidents 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 because 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 manner 

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, SKYSCAPE 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 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, 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 is 
20

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 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 currency 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 my 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, SKYSCAPE 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 flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 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 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, 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 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 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 automatically established by the UAS 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, 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 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 3 

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed 

flight operations. Accordingly, 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 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 

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 operating 
22

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, 13844). 

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, 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 maintenance 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, 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 UAS will be performed 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 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, 13844). 

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 the 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, 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 
23

safe operation of the UA 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 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 SKYSCAPE DRONE PHOTOGRAPHY, 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 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 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, Or 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 operate safely in the NAS. As such, SKYSCAPE DRONE PHOTOGRAPHY, LLC’s 
24

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 of 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 interests 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 aerial video and photography 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.com 
25

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 Log 
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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 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). 

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 CONTROLLER
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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 Sensitivity (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 BATTERY

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) 
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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 CHARGER
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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: Samsung 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 PAD
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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 from 

travel mode to flight 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 indicates 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 required 
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APPENDIX C
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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