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SUMMARY

Sky Perceptions 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

Sky Perceptions to operate an Unmanned Aircraft System (UAS) for the commercial purpose of 

conducting aerial video and photography for real estate, and other landscape-oriented 

purposes over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Sky Perceptions provides its clients with the high quality digital content for use in their 

commercial marketing. Sky Perceptions has over 3 years of recreational/hobby experience in all 

aspects of aerial video and photography, on 5 different UAV platforms. The objective of Sky 

Perceptions aerial video and photography operations is to provide high quality imaging and 

data collection for a variety of, commercial, agricultural, public, and residential uses, 

specifically targeting:

 Real Estate Videography and Photography

 Agricultural monitoring and data collection

 Parks, recreation, golf courses and public lands

 Increase public knowledge of UAS and promote safe UAS operations

 Commercial and industrial inspections

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Pro and DJI Inspire UAS

Sky Perceptions seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 Pro and DJI Inspire is a vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or 

smartphone systems. The DJI Phantom 3 Pro has a maximum gross weight of 2.82 pounds, a 

length of 23.2 inches (square size in all dimensions), height of 10 inches , and a maximum 

speed of approximately 31 knots. The DJI Inspire has a maximum gross weight of 6.5 

pounds with dimensions of 17x18x12 Inches and a maximum speed of approximately 42 

knots. The DJI Phantom 3 Pro and DJI Inspire are equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. The Phantom 3 Pro and Inspire that will be 

operated by Sky Perceptions 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, Sky Perceptions, 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 Pro and DJI Inspire in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) 
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& (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).
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In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Sky Perceptions operation of DJI Phantom 3 Pro and DJI 

Inspire meets the conditions of FMRA Section 333 and therefore, will not require an 

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

Accordingly, Sky Perceptions 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. Sky Perceptions submits that the 

requested relief is proper since an equivalent level of safety will be ensured. Sky Perceptions will

use experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the 

operating documents

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

and limitations: Pilot in command, is requested by Sky Perceptions to the extent necessary to 

allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an 

airman medical certificate, and who has demonstrated, that the PIC is able to safely operate 

the DJI Phantom 3 Pro and DJI Inspire in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. Sky Perceptions seeks relief from Section 91.7(a), entitled 

Civil aircraft airworthiness, because the DJI Phantom 3 Pro and DJI Inspire does not require an 

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

Perceptions will ensure that the DJI Phantom 3 Pro and DJI Inspire is in airworthy condition, prior 

to every flight, by determining that the UAS is in compliance with the operating documents and 

that the aircraft is in a condition for safe flight.

Sky Perceptions also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as DJI Phantom 3 Pro and DJI Inspire will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 3 Pro and DJI Inspire will 

be provided to the PIC via 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 Sky Perceptions operation of the DJI Phantom 3 Pro and DJI 

Inspire within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121.

Additionally, Sky Perceptions seeks an exemption from the requirements of Section 

91.151(b) entitled Fuel requirements for flight in VFR conditions. Sky Perceptions submits that 

safety will not be affected by operation of DJI Phantom 3 Pro and DJI Inspire 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 18 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, Sky Perceptions provides the following information in 

support of its petition for exemption:

A. Name and Address of the Petitioner.

The name and address of the Petitioner and point of contact is:
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Russell Reel

Sky Perceptions

2265 Pilgrim Mill Cir.

Cumming, Ga. 30040

404-245-9009

Airman Cert. # 3021280

russell@skyperceptions.com

B. The Specific Sections of 14 C.F.R. from Which Sky Perceptions Seeks Exemption.

1. Sky Perceptions 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. Sky Perceptions 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. Sky Perceptions 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--

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

within 100 nautical miles of the aircraft;
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(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. Sky Perceptions 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. Sky Perceptions 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. Sky Perceptions 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. Sky Perceptions Seeks Exemption from The Requirements of Sections 

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

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --
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(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. Sky Perceptions 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 directive number and revision date. If the AD or safety directive
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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 Sky Perceptions Seeks and The Reason Sky Perceptions Seeks the 

Relief.

1. Extent of Relief Sky Perceptions Seeks and the Reason Sky Perceptions 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, Sky Perceptions submits that an equivalent level of safety 

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

Pro and DJI Inspire unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the DJI 

Phantom 3 Pro in a manner consistent with the operations specifications as described in 

this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures.

Further, Sky Perceptions submits that all commercial flights of the DJI Phantom 3 Pro

and DJI Inspire, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to Sky Perceptions business; and (2) will not carry passengers or property 

for compensation or hire.
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2. Extent of Relief Sky Perceptions Seeks and The Reason Sky Perceptions 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 Sky Perceptions to determine that the DJI Phantom 3 Pro and DJI 

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

compliance with the operating documents.

Sky Perceptions seeks the requested relief because the DJI Phantom 3 Pro and DJI 

Inspire does not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. Therefore, Sky Perceptions will ensure that the DJI Phantom 3 Pro and 

DJI Inspire is in airworthy condition based upon its compliance with the operating 

documents 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 Sky Perceptions Seeks and The Reason Perceptions 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 Pro and DJI Inspire, which utilizes 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),

Sky Perceptions seeks the requested relief because the DJI Phantom 3 Pro and DJI 

Inspire 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 DJI Phantom 3 Pro

and DJI Inspire 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 Sky Perceptions Seeks and the Reason Sky Perceptions 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 Pro

and DJI Inspire during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 18 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. Sky 

Perceptions seeks the requested relief because without an exemption from Section
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9 1 . 1 5 1 (b) , the flight time duration of the battery powered DJI Phantom 3 Pro and DJI 

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

operations that Sky Perceptions proposes to conduct pursuant to this Petition.

5. Extent of Relief Sky Perceptions Seeks and The Reason Sky Percetions

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, Sky Perceptions requests relief from 

these Sections because the DJI Phantom 3 Pro and DJI Inspire do not require 

airworthiness

certificates. As set forth more fully below, the DJI Phantom 3 Pro and DJI Inspire meet 

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

Accordingly, Sky Perceptions will use trained technicians to perform maintenance, 

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

practices prescribed in the UAS operating documents Furthermore, Sky Perceptions will 

document and maintain all maintenance records for the DJI Phantom 3 Pro and DJI 

Inspire.

D. The Reasons Why Granting Sky Perceptions 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 Sky Perceptions to 

safely, efficiently, and economically perform aerial video and photography for real estate, 

special events, and landscape over certain areas of the United States. Additionally, use of the 

DJI Phantom 3 Pro and DJI Inspire will decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Notably, the benefits of Sky Perceptions proposed 

operation of the DJI Phantom 3 Pro and DJI Inspire will be realized without implicating any 

privacy issues.

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

The DJI Phantom 3 Pro and DJI Inspire are battery powered and serve as a safe, 

efficient, and

economical alternative to the manned aircraft traditionally utilized to obtain aerial 

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

acquisitions, an exemption allowing the use of a DJI Phantom 3 Pro and DJI Inspire

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 Pro and DJI Inspire 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.

2. The Public Will Benefit from the Safety and Efficiency Of The DJI Phantom 3 

Pro and DJI Inspire.
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Conducting aerial acquisitions with the DJI Phantom 3 Pro and DJI Inspire, 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
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operations. By using battery power and electric motors, DJI Phantom 3 Pro and DJI 

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

alternative to the cabin class, six-cylinder internal combustion engine aircraft that are 

typically utilized for aerial video and photography, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The DJI Phantom 3 Pro and DJI Inspire, 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 DJI Phantom 3 Pro and DJI Inspire to perform aerial acquisitions, 

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

associated with traditional manned aircraft flight operations, will be substantially reduced 

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

the aircraft, the DJI Phantom 3 Pro (gross weight of2.82 pounds, a length of 23.2 

inches (square size in all dimensions), height of 10 inches, and a maximum speed of 

approximately 31 knots, 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 approximatel y 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 Pro and DJI Inspire Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 Pro and DJI Inspire are also 

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

such, operation of DJI Phantom 3 Pro and DJI Inspire will allow United States based 

companies, like Sky Perceptions, 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 Pro and DJI Inspire

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 Pro and DJI 

Inspire, companies such as Sky Perceptions, 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 Pro and DJI Inspire, 

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.

4. There Are No Privacy Issues.

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

decades, Sky Perceptions, LLC proposed operation of the DJI Phantom 3 Pro and DJI 

Inspire will not implicate any privacy issues. Specifically, the DJI Phantom 3 Pro and DJI 

Inspire will be operated only in compliance with operating documents which requires 

property owner involvement and in accordance with the Federal Aviation Regulations, 

including the minimum altitude requirements of 14 C.F.R. § 91.119.
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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 Sky Perceptions Seeks Exemption.

1. Reasons Why DJI Phantom 3 Pro and DJI Inspire 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 associate with

the unmanned aircraft and its operation, Sky Perceptions operation of the DJI 

Phantom 3 Pro and DJI Inspire meet the conditions of FMRA Section 333, and will not 

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

Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users 

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

In seeking this exemption, Sky Perceptions submits that the DJI Phantom 3 Pro and 

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

demonstrated by: (a) the characteristics of the DJI Phantom 3 Pro and DJI Inspire; (b) the 

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

a. The Specifications of The DJI Phantom 3 Pro and DJI Inspire Demonstrate 

Its Safe Characteristics.

The DJI Phantom 3 Pro and DJI Inspire 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 Pro and DJI 

Inspire.

The technical specifications of the DJI Phantom 3 Pro and DJI Inspire are 

set forth in the User Manual. User Manual link is provided on Page 17 of 

this document as an Appendix.

ii. The DJI Phantom 3 Pro and DJI Inspire Autonomous Flight and 

Navigation Modes Enable The UAS to Remain Within a Defined 

Operational Area.

The DJI Phantom 3 Pro and DJI Inspire may be operated in both manual 

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

and navigational modes is provided in the User Manual. User Manual link 

is provided on Page 17 of this document as an Appendix .

iii. The DJI Phantom 3 Pro and DJI Inspire Are Designed for Automatic 

Return to Home Point or Hover in The Event of Loss of the Control 

Link or Navigation.
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When the Control Link is lost, the DJI Phantom 3 Pro and DJI Inspire will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the 

DJI Phantom 3 Pro and DJI inspire do not reacquire control link data 

from the GCS, the UAs will assume that the Control Link is lost and the 

UAs will return to the home position (i.e., failsafe mode) via GPS, and will 

descend to the takeoff position and shutdown. A complete description of 

the Failsafe Functions is provided in the User Manual. User Manual link 

is provided on Page 17 of this document as an Appendix.

iv. DJI Phantom 3 Pro and DJI Inspire and their Operation.

A complete description of the operation and specifications of the DJI 

Phantom 3 Pro and DJI Inspire and flight control software is provided in the 

User Manual. User Manual link is provided on Page 17 of this document as 

an Appendix.

b.Flight Operations of DJI Phantom 3 Pro and DJI Inspire Are Limited to the 

Line of Sight of a Certificated Pilot in Command with A Safety Observer.

Sky Perceptions will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 

3 Pro and DJI Inspire. Additionally, a safety observer will assist all pilots during 

flight time.

c. Flights of DJI Phantom 3 Pro Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, Sky Perceptions proposes to commercially 

operate DJI Phantom 3 Pro for the special 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 Pro and DJI 

Inspire Unmanned Aircraft System. Proposed operations of any other aircraft 

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

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

for the purpose of aerial video and photography.

3.The UAS may not be flown at an indicated airspeed exceeding 50 knots.

4.The UA must be operated at an altitude of no more than 400feet 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.
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5 . The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

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

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

airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to 

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

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

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

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

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

perform the functions prescribed in the operating documents.

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

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other 

instruments.

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

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

discrepancy exists between the conditions and limitations contained in the 

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

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

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

and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents.

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

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

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

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

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

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

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

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

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

functional test flight must make an entry in the aircraft records.
15

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

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents.

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

maintenance, overhaul; replacement, inspection, and life limit requirements.

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

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, including total time in 

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

person returning the UAS to service.

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

manufacturer Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

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

third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the 

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

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

exemption, including evasive and emergency maneuvers and maintaining 

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 

61.51(b). Flights for the purposes of training the operator’s PICs are permitted 

under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are 

considered non-participants, and the PIC must operate the UA with appropriate 

distance from non-participants in accordance with 14 C.F.R. §91.119.

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

§ 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.

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

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

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

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

The letter of agreement with the airport management must be made available to 

the Administrator upon request.
16

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

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

PIC.

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

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and 

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

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

remaining.

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

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

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

any law enforcement official upon request.

27. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

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

vehicle.

29. 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;

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;
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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). 32. 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.

30. Any incident, accident, or flight operation that transgresses the lateral or 

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

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

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov .

2. 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, Sky Perceptions requests that 

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 

Pro and DJI Inspire, which contain such safety standards that the Administrator 

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

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

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

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

photography over certain areas of the United States for compensation or hire. FMRA 

Section 333 sets forth the requirements for considering whether a UAS will create a 

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

further, provides the authority for such UAS to operate without airworthiness 

certification in accordance with any requirements that must be established for the safe 

operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 

21.16, for operation of the DJI Phantom 3 Pro and DJI Inspire, 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 Sky Perceptions intended operation of the DJI 

Phantom 3 Pro and DJI Inspire, 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
18

2 1 , 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 Sky Perceptions Seeks Exemption:

Sky Perceptions 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 Sky Perceptions Seeks:

This exemption will permit Sky Perceptions 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 Sky 

Perceptions

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, Sky Perceptions 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, Sky Perceptions will operate the DJI Phantom 3 Pro and DJI Inspire

safelyin the NAS, without creating a hazard to users of the NAS, or the public, or otherwise 

pose athreat to national security.

CONCLUSION

As set forth herein, Sky Perceptions seeks an exemption pursuant to 14 C.F.R. § 11.61 andSection 

333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of 

the DJI Phantom 3 Pro and DJI Inspire 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 Sky Perceptions to safely, efficiently, and economically operate 

the DJI Phantom 3 Pro and DJI Inspire commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Sky Perceptions 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 Sky Perceptions to operate the DJI Phantom 3 Pro and DJI Inspire
19

commercially for the purpose of conducting aerial video and photography over certain areas of 

the United States.

Dated: 10/05/15

Sky Perceptions

Russell Reel, Owner 

Sky Perceptions 

2265 Pilgrim Mill Cir.

Cumming, Ga, 30041

404-245-9009

Appendices:

DJI Phantom 3 Pro and DJI Inspire Manufacturer User Guides

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf