1 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 perm it Sky Perception s 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

commerc ial marketing. Sky Perception s 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, commerc ial, 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 Perception s 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

sma rtphone sys tems. 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 k nots. 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 Perception s 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 Refor m Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially op erate the DJI Phantom 3 Pro and DJI Inspire in the National Airspace System (NAS), and for an exemption from the r equirements of 14 C.F.R §§ 61.113(a)2

& (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).3

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Sky Perception s 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.

Accordi ngly, Sky Perception s 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 ai rworthiness certific ate. Sky Perceptions submits that the requested relief is proper since an equivalent level of safety will be ensured. Sky Perception s 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 , i s requested by Sky Perception s 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 certifica te, and who has demonstrated, that the PIC is able to safely operate
t he 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 a nd structures. Sky Perception s seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , be cause the DJI Phantom 3 Pro and DJI Inspire does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpa rt H. As such, Sky Perception s 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 fli ght.

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 informati on 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 wit h Sky Perception s operati on 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 Perception s seeks an exemption from the requirements of Section 91.151(b) entitled Fuel requirements for flight in VFR conditions . Sky Perception s submits that safety will not be affected by ope ration of DJI Phantom 3 Pro and DJI Inspire during daylight hours in vis ual 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 leas t 4 minut es.

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:

### 4

Russell Reel Sky Perception s 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 Perception s Seeks Exemption.

1. Sky Perception s 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 e mployment 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 Perception s 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 aircra ft, 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;

### 5 (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 Perception s 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 f uel 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 Perception s 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 , s ubsection (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 th is chapter [.]

7. Sky Pe r ception s 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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### 6 (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 Perception s 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, pr ogressive, 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

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(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 in spection 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 rev ision date. If the AD or safety directive

### 7 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 Ext ent of Relief Sky Perceptions Seeks and The Reason Sky Perception s Seeks the Relief.

1. Ex tent of Relief Sky Perception s Seeks a nd 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 medica l 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 mor e fully below, Sky Perception s 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 e ither the DJI Phantom 3 Pro in a manner consistent with the operations specifications as described in this exemption, including ev asive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Sky Perceptions submits that all commercial fligh ts 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 Perception s business; and (2) will not carry passengers or property for compensation or hire.

### 8

2. Ex tent of Relief Sky Perception s Seeks and The Reason Sky Perception s Seeks Relief From

Section 91.7(a)

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent
req uired to allow Sky Perception s 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 Perception s 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 Perception s 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, determin e that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Ex tent of Relief Sky Perception s Seeks and The Reason Perception s Seeks Relief
From Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operatio ns 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 down link 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 be cause 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 hea ds

- up display of the GCS.

4. Ex tent of Relief Sky Perception s Seeks and the Reason Sky Perception s 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 requir ed to allow flights of the batter y 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, as suming normal cruising speed, to fly after that for at least 4 minutes. Sky Perception s seeks the requested relief because without an exemption from Section

### 9 9 1 . 1 5 1 (b) , the flight time duration of the batter y 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. Ext ent of Relief Sky Perceptions Seeks and The Reason Sky Percetion s 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 airworthines s certificate, Sky Perception s requests relief from these Sections be cause the DJI Phantom 3 Pro and DJI Inspire do not require airworthiness certificates. As set forth more fully b elow, the DJI Phantom 3 Pro and DJI Inspire meet the conditions of FMRA Sec tion 333 for operation without an airworthiness certificate. Accordingly, Sky Perception s 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 document s Furthermore, Sky Perception s will document and maintain all maintenance record s for the DJI Phantom 3 Pro and DJI Inspire

.

D. The Reason s Why Granting Sky Perception s Request Would Be in the Public Intere st; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public intere st by allowing Sky Perception s to safely, efficiently, and economically perform aerial video and photography for real estate, special event s, 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, th e benefits of Sky Perceptions proposed operati on 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 t he 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 ma nned 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 conduct ing 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 Efficien cy Of The DJI Phantom 3 Pro and DJI Inspire

.

### 10 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

### 11

operations. By using battery power and electri c 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 gall ons 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 com bustion 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 subst antially 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 t ypically 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 effic ient, the DJI Phantom 3 Pro and DJI Inspire are also

an economical alternative to using manned aircraft to conduct similar aerial operations. As such, ope ration of DJI Phantom 3 Pro and DJI Inspire will allow United States based companies, like Sky Perception s, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protec tion 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 batter y powered DJI Phantom 3 Pro and DJI Inspire is one suc h 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 oper ating the DJI Phantom 3 Pro and DJI Inspire

, c ompanies such as Sky Perception s, 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. compa nies, through commercial u se 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, Sk y Perception s, LLC proposed operati on of the DJI Phantom 3 Pro and DJI Inspire will not implicate any privacy issues. Specific ally, the DJI Phantom 3 Pro and DJI Inspire will be operated only in compliance with operating documents which requires property o wner involvement and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.12

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 R ule from Which Sky Perception s Seeks Exemption.

1. Re asons Why DJI Phantom 3 Pro and DJI Inspire Meets the Conditions Of The FAA Modernization and Reform Act of 20 12 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associate with the unmanned aircraft and its operation, Sky Perception s 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 t his exemption, Sky Perception s 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 characteristi cs of the DJI Phantom 3 Pro and DJI Inspire ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specificatio ns of The DJI Phantom 3 Pro and DJI Inspire Demonstrate Its Safe Characteristics.

The DJI P hantom 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 ca pability.

i. Technical Specificatio ns of The DJI Phantom 3 Pro and DJI Inspire

.

The technical specificatio ns 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. T he 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.1 3 When the Control Link is lost, th e 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 pos ition (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 Ph antom 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 Oper ations 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 onl y 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 t his exemption, Sky Perception s 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 th an 55 pounds maximum gros s 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.14 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 d esignated 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 assi sting 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 ope rations 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 exem ption. 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 contact ed 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 operati on 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 functio nal 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 req uirements.

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 Bulleti ns.

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 fli ght hours must be logged in a m anner consistent with 14 C.F.R. § 61.51(b). Flights fo r 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 t he 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 unpredi cted 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 lan ding 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 a ccordance 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. The se 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, vehicl es, 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;17 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 verti cal 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 Specia l 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 conditio ns 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 cr eate 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 f or 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 equi valent 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 Ins pire , 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. Part18 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 Percepti ons Seeks Exemption:

Sky Perception s 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 exemptio n 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 c ertain 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 airworth iness certification. As discussed in detail above, Sky Perceptions will op erate the DJI Phantom 3 Pro and DJI Inspire 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, Sky Perception s 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 operati on 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 publi c, by allowing Sky Perception s to safely, efficiently, and economically op erate 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 Perception s 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 Perception s to operate t he DJI Phantom 3 Pro and DJI Inspire19

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

Dated: 10/05 /15

Sky Perception s

Russell Reel , Owner Sky Perception s 2265 Pilgrim Mill Cir. Cumming, Ga, 3004 1

404

- 245

- 9009

Appendices: DJI Phantom 3 Pro and DJI Inspire Manufacturer User Guide s http://download.dji

innovations.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