November 24, 2015

U.S Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Filed with www.regulations.gov 

Re: Petitions for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Dear Madam or Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act"), P .L. 112-

95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R. Part 11, Jeremy J. Skarr 

providing real estate, sporting event, wedding, and nature photography and videography services, seeks 

an exemption from the Federal Aviation Regulations ("FARs") and listed below: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 

14 C.F.R. 45.29 

14 C.F.R. 61.3 

14 C.F.R .61.23 

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 61.133(a) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9 

14 C.F.R. 91.109(a) 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 

14 CFR Subpart E (91.401 - 91.417) 

Summarized for purposes of Federal Register publication: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.3, 14 C.F.R . 61.23, 14 C.F.R. , 1.113(a) & 

(b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 14 C.F.R. 91.119, 14 C.F.R. 

91.121, 14 C.F.R. 91.151 (a), 14 C.F.R. 91.203, 14 CFR Subpart E (91.401- 91.417) to operate 

commercially a small unmanned vehicle (55lbs or less) augmenting its real estate, wedding, nature, and

sporting event photography and videography operations. 
Contact for the Applicant is: 

Jeremy J. Skarr 

9041 Secret Valley St. 

Las Vegas, NV 89139

Phone: 702-418-4331

Email: jeremyskarr@gmail.com

The requested exemption would authorize commercial operations using the UAV for real estate, 

wedding, natural, and sporting event photography and videography. These operations will be subject to 

strict operating conditions defined by the UAV manufacturer’s standards and procedures in order to 

ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts.

Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or

Authorization (COA) form the FAA Air Traffic Organization prior to conducting operation(s) in the NAS.

Proposed Use 

The main use of this UAS would be taking photos and videos for live sporting events, wedding, natural,

and real estate photography . The UAS systems that I plan to use is a DJI Phantom 3 Professional and will 

be referenced in this document and also in the attached user manual. 

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always

flying the UAS within visual eye contact, less than 400 ft above ground and never directly above persons

or public places. The orientation of flights will be such that the pilot in command (PIC) always has a

visual on the rear mounted LED flight Indicator. Additional safety features on the DJI Phantom 3

Professional include, return to home, low voltage, enhanced failsafe along with operating in the less

populated 2.4-2.483 GHZ frequency range. 

2. Pre-flight inspection would be checking battery condition/level in both the transmitter and UAS. The

binding/link feature will not let the UAS start if communication is not established. A check for power

lines, antennas and other overhead objects would be performed. Wind conditions would be monitored

and be a factor for flying. 

3. The radio frequency of the DJI Phantom 3 Professional is in the 2.4 - 2.483 GHZ range. The maximum 

take-off weight less than 1200g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 m/s. The 

Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s. 

4. The PIC will be only Jeremy J. Skarr who has a minimum of 110 hours flying time with the previous

version of the Phantom 3 Professional model, the DJI Phantom 2 Vision Plus model, as well as the 

Cheerson CX-20, Parrot Bebop Drone, and various radio controlled helicopters. Testing, updating and 

programming the DJI Phantom 3 Professional firmware would be done on a monthly schedule 

5. I am in good medical health and sound mental health. I hold a Nevada Class CM driver’s license 

(Cars/Vans/Pickups, Motorcycle). I do not need corrective lenses for vision. 

6. The intended use of this DJI Phantom 3 Professional is to expand my independent contracting

business in addition to my flying as a hobby by offering aerial photography to realtors, real estate 
professionals, weddings and sports organizations. I also intend to continue recreational hobbyist flying 

to capture nature. The intention to offer these services is motivated by me need to pay for my Master’s 

of Healthcare Administration college education from Grand Canyon University. UAS aerial photography 

is a relatively new industry, and my early entry into the market would provide a competitive edge as a 

side career or even potentially a full-time career in the future. 

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata

recorded on a hard drive and backed up to cloud storage services. This data would be kept readily

available for a period of 1 year after each aerial flight for hire. 

8. The proposed flight time will be the lesser of 30 minutes or the time-duration of the UAV battery. 

I will also file for a Certificate of Waiver or Authorization (COA). In the event that a COA request is not

granted the petitioner would ask that this request for exemption still be granted with a conditional use.

The DJI Phantom 3 Professional will never be flown in the flight path of manned aircraft. The first

condition listed to always keep visual eye contact on the 22mm LED flight indicator is probably the most

important. My main objective is to offer aerial real estate, wedding, natural, and sporting event 

photography at a competitive rate for the general public in the safest way possible. 

Public Interest: 

Granting my request would be in public interest by giving an opportunity for real estate photographers

and sporting event photographers to offer safer and more competitively priced aerial photography to

the general public. Additionally, I would be able to showcase nature’s beauty along with wedding beauty 

from a whole new vantage point.

This exemption would not adversely affect the safety of the general public due to the size, weight, and

keeping of the UAS in visual sight. The safety mechanisms of the herein described UAS provide further

protections when the PIC is no longer in control of the UAS. In comparisons to aerial photography from

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental

impact. 

Thank you for your attention to this matter. 

Respectfully submitted, 

Jeremy J. Skarr 
ANNEX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES

SUBJECT TO EXEMPTION 

Jeremy J. Skarr requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the DJI Phantom 3 Professional ("UAV”): 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR§ 91.203(a). Given the size of the UAV, its very light weight and the

limited operating area associated with its utilization, it is unnecessary to go through the certificate of

airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the

size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS

involved. An analysis of these different criteria demonstrates that the UAV operated without an

airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or

safer, than a conventional aircraft with an airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs,

this requirement is impossible to match. 

14. CFR §61.23: Medical certificates: Requirement and duration 

Regulations provide that a person: 

(1) Must hold a first-class medical certificate: 

• When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

• When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or

supplemental operation in part 121 of this chapter that requires three or more pilots; or 

• When serving as a required pilot flight crewmember in an operation conducted under part 121 of this

chapter if the pilot has reached his or her 60th birthday. 

(2) Must hold at least a second class medical certificate when exercising: 

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other

than operations specified in paragraph (a)( 1 )(ii) of this section); or 

• Privileges of a commercial pilot certificate. Given the size of the UAV, its structure, the limited flight 

area, and the safety features integrated in the autopilot (among others a flight termination system), 

Jeremy J. Skarr believes that an Equivalent Level of Safety can be reached if the operator has a valid 

driver's license. 
14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command;

Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft 

of the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot

license issued by that country may be used. The regulation provides also that no person that holds a

private pilot certificate may act as pilot in command of an aircraft for compensation or hire.

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any

business or employment if: 

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

(3) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the UAV, Jeremy J. Skarr proposes that operators of the UAV should not be

required to hold a commercial or private pilot certification. The equivalent level of safety will be

achieved by having an operator trained UAV manufacturer, and using the integrated features of the

aircraft to maintain a high level of safety during the different missions. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed will be at

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements 

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in close

proximity to the operator. 

The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the

UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions

Nos. 10700, 8738, 10167 and 10167A.
14 C.F.R. § 91.109(a): Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." 

The equivalent level of safety during the in-flight training will be achieved by the manufacturer or

affiliate providing the training as described in the manufacturer's training program and through the use

of experienced and qualified instructors familiar with the UAV. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority 

to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their pre obtained 

consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the

location where it is operated. No flight will be taken without the permission of the property owner or

local officials. 

Compared to flight operations with aircraft weighing far more than those proposed herein and the lack

of flammable fuel, any risk associated with these operations is far less than those presently presented

with conventional aircraft.

14 CFR 91.121: Altimeter settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to

an altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter setting

available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude

read out, an exemption is requested. 

An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site

shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30

minutes. As the UAVs are electric-powered, this requirement is inapplicable. In any event, given the

contemplated operations, Jeremy J. Skarr believes that an equivalent level of safety is already achieved

with the specific procedure preventing the UAVs accepting a take-off order if the battery level is below a 

given value. Moreover, the manufacturers have integrated low and critical battery level warnings and

implemented a "return to home" action in these situations. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 
• No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate. 

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of

this section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to

such UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 CFR Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require

the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance

and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness

certificate. Section 91 A 17 requires the owner or operator to keep records showing certain

maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed

pilots and records of approval of the aircraft for return to service. 

Jeremy J. Skarr proposes that the maintenance of the UAVs will be accomplished by the owner or the

operator according to the manufacturer’s user manual. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to the applicant Maintenance will be accomplished by the operator pursuant to

the flight manual and operating handbook as referenced herein. An equivalent level of safety will be

achieved because these small UAVs are very limited in size and will carry a small payload and operate

only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.