July 13, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590 

RE: Petition of TEXAS SKYCAM, LLC for Exemption Pursuant to 

Section 333 of the FAA Reform Act of 2012

TEXAS SKYCAM, LLC
2

Dear Sir or Madam: 

Description of Petitioner: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, TEXAS SKYCAM, LLC, Petitioner, is an operator of small 

Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and 

videography, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

Description of Aircraft:

The proposed exemption, if granted, would allow TEXAS SKYCAM, LLC to conduct 

commercial operations of its three sUASs: DJI Phantom 2, DJI Inspire 1 and the DJI 

S900.1It will be determined by TEXAS SKYCAM, LLC which UAV to use based on a review 

of the proposal of work and also taking into consideration other factors including 

weather, wind, altitude necessary to complete the job and the complexity of the site 

location. 

Description of Proposed Operations: 

TEXAS SKYCAM, LLC is seeking this exemption to use one or more of its small 

Unmanned Aircraft Systems (sUASs) for the special purpose of conducting aerial video 

and photography over certain areas of the United States focusing its operations in the 

architectural, engineering, agricultural and construction industries. TEXAS SKYCAM, LLC

plans to use the capabilities of the sUASs to offer a multitude of services, including: 

Real estate photography and videography, aerial filmmaking and photography, agriculture 

and livestock monitoring, construction site inspections and monitoring, special event 

photography/videography, educational and research operations, aerial data collection, crew 

training and proficiency operations, disaster response/search and rescue operations,

inspection of city-owned storm water canal systems, inspection of city-owned road right of 

ways, inspections of city-funded infrastructure improvement projects, bridge inspections, 

assist with damage assessments or situational status reports of municipalities during 

emergency response operations, evaluations for municipalities related to flora & fauna 

(vegetation & wildlife) issues and assist with site security during city-sponsored events (i.e.

4

th of July, New Year’s parades, etc.)

																																																							

1

TEXAS SKYCAM, LLC Operator Manuals and specifications for the DJI Phantom 2, DJI Inspire 1 and DJI S900

respectively are available online at: http://www.dji.com/product/phantom-2/spec; at http://www.dji.com/product/Inspire-1; at 

http://www.dji.com/product/spreading-wings-s900/spec. The file sizes are too large and will not upload to the 

Regulations.gov website.
3

Relevant Statutory Authority: 

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil 

Unmanned Aircraft Systems (UAS) operations in the National Airspace System (“NAS”). 

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems 

may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the 

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it 

clear that Section 333 provides a mechanism for “expedited operation authorization” if 

several factors are met. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under 

Section 333 (c) of the Reform Act.

The name and address of the applicant are: 

TEXAS SKYCAM, LLC

Mario Alberto Ornelas, Owner

3009 Leslie St.

Edinburg, Texas 78539

956-451-1672

albertornelas1965@yahoo.com

Risk Mitigation:

TEXAS SKYCAM, LLC sUASs have a built-in capability to limit 1) the height they fly above 

the ground and 2) the radius of the distance they fly from the operator. Our DJI sUASs 

also have the failsafe function of the autopilot system, which means, when the 

communication between the Main Controllers and their transmitters are disconnected, 

the outputs of all command sticks from the controllers will go to the center position. 

Using GPS signal, the system will automatically trigger Return to Home function and will 

land safely. Our sUAS, powered by batteries, are smaller, lighter and more 

maneuverable than larger aircraft running on combustible fuel. Our sUAS operates at 

lower altitudes with no people on board and will thereby reduce current risk levels, 

enhance safety and diminish the likelihood of death or serious bodily injury. With a 

small payload and maximum flight time of only 18 minutes, this offers little or no risk to 

National Security.
4

Therefore, TEXAS SKYCAM, LLC requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the operations of its

Small Unmanned Aircraft Systems.

14 C.F.R. Part 21; 14 C.F.R. 45.23 (b); 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b)(2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 

91.121; 14 C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a) & (b); 14 C.F.R. 91.215

14 C.F.R. 91.405 (a); 407 (a)(1); 409 (a)(1)&(2); 417 (a)&(b)

1. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the sUASs to be utilized by TEXAS 

SKYCAM, LLC, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 of Section 333 of the Reform Act. The Federal 

Aviation Act (49 V.S.C.§44701 (t) and Section 333 of the Reform Act both authorize the 

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

consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular sUAS. An analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or helicopter) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

2. 14 C.F.R. 45.23 Display of marks; and 14 C.F.R. 45.29 Size of marks. 

This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high 

“limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” near each 

entrance to a cabin, cockpit, or pilot station. Even though the sUAS will have no 

airworthiness certificate, an exemption would be needed as the sUAS will have no 

entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the small size of the sUAS, two-inch lettering would be impossible.

The FAA has issued an exemption to this regulation: Exemption No. 11109. 

3. 14 C.F.R. 61.113 Private pilot privileges and limitations: Pilot in Command 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the sUAS 

to have completed sUAS flight training by reviewing each of the three respective DJI 

manuals and review all applicable DJI tutorial videos found online. The PIC would also 
5

perform a minimum of 15 flight cycles and 5 hours of total flight time as a sUAS 

rotorcraft pilot before performing the first “operational flight” under this exemption. 

Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely 

controlled with no living thing or cargo on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance. The risks associated 

with the operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations 

of the sUAS as requested with a PIC who has met the minimum requirements stated 

above exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 

4. 14 C.F.R. 91.7 (a) Civil airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. The FAA has granted similar exemptions in Exemptions 11062 

through 11067, 11080, 11109, and 11110.

5. 14 C.F.R. 91.9 Civil aircraft flight manual, marking, and placard 

requirements.

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this requirement 

is to ensure that flight manual information is available to the aircrew while operating 

the aircraft. We request an exemption to this requirement since the aircraft is not only 

too small to carry documentation, the documentation would not be available to the 

crew during flight operations. To obtain an equivalent level of safety and meet the 

intent of 91.9, we propose that the applicable sUASs DJI Operator Manuals

2

be available 

to the crew at the ground station anytime the UAS is in, or preparing for, flight, and 

ready for presentation for any governing official upon request. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

6. 14 C.F.R. 91.103(b) Preflight Action 

This regulation requires each pilot in command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement, as the pilot 

will take separate preflight actions, including checking for weather conditions, checking 

flight battery requirements, checking takeoff and landing distances, and all other actions 

in the Preflight Checklists from the applicable DJI Operator Manuals.

2

These actions will 

provide an equivalent level of safety. 

																																																							

2

TEXAS SKYCAM, LLC Operator Manuals and specifications for the DJI Phantom 2, DJI Inspire 1 and DJI S900

respectively are available online at: http://www.dji.com/product/phantom-2/spec; at http://www.dji.com/product/Inspire-1; at 

http://www.dji.com/product/spreading-wings-s900/spec. The file sizes are too large and will not upload to the 

Regulations.gov website.
6

7. 14 C.F.R. 91.109 Flight Instruction 

This regulation provides that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. By design, sUASs, which are remotely piloted aircraft, do not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft, the ability to control the sUAS via radio signals from the 

controller, and by the size and speed of the aircraft. The FAA has previously approved 

exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K 

& 9862A.

8. 14 C.F.R. 91.119 Minimum safe altitudes.

This regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

typical mission of the sUAS would be photography or survey of persons, vessels, vehicles 

or structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been 

obtained and careful pre- planned flight path has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore we maintain that due to 

the small size of the UAS, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption. 

The FAA has granted exemptions to conduct similar operations in Exemptions 11062 

through 11067, 11080, and 1110.

9. 14 C.F.R. 91.121 Altimeter settings.

This regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 

200 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict 

with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout. 

10. 14 C.F.R. 91.151 Fuel requirements for flight in VFR conditions.

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

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. We feel the intention of this paragraph is to 

provide an energy reserve as a safety buffer for delays to landing. Our sUASs are battery 

operated and the maximum duration for each flight from a single battery charge is 18 
7

minutes with a 20% reserve. Since the aircraft will never fly more than 0.263 NM from 

the point of intended landing, a full battery charge at launch will ensure that we meet 

the reserve energy requirement of this paragraph. Similar exemptions have been 

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

11. 14 C.F.R. 91.203(a) & (b) Civil aircraft: Certifications required.

This regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be on board the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew." The sUASs 

are too small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent 

of 91.203, we propose that documents (in this case DJI Operator Manuals3) deemed 

applicable for the UAV being flown will be with the crew at the ground control station 

and available for inspection upon request. Prior exceptions include Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

12. 14 C.F.R. 91.405(a); 407(a)(1); 409(a)(1)&(2); 417(a)&(b)- Maintenance 

Inspections 

This regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7 after maintenance and inspection. It is our intention that 

the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct detailed inspections 

after every two hours of flight. Maintenance performed by the PIC is limited to repairing 

such things as small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computers. The manufacturer or their 

designated repair facility will perform all other maintenance. The PIC will document 

work performed in accordance with 91.417. We feel that due to the size, construction, 

and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. The FAA 

has granted exemptions for similar operations in Exemptions 11062 through 11067, 

11080, 11109, 11110, and 11112. 

																																																							

3 TEXAS SKYCAM, LLC Operator Manuals and specifications for the DJI Phantom 2, DJI Inspire 1 and DJI S900

respectively are available online at: http://www.dji.com/product/phantom-2/spec; at http://www.dji.com/product/Inspire-1; at 

http://www.dji.com/product/spreading-wings-s900/spec. The file sizes are too large and will not upload to the 

Regulations.gov website.
8

Pilot in Command and Observer Qualifications and Duties:

The PIC (Pilot in Command) will maintain at least a Light Sport Pilot Certificate and a 

valid drivers license, plus at least 5 hours flying time and 15 takeoffs and landings within 

30 days in the type of UAS utilized in operations. 

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties 

include all preflight preparation and inspection, in flight operation, post flight 

requirements, and all procedures including but not limited to: 

 Safe in flight operations

 Current weather conditions for safe flight

 Risk evaluation

The Observer must have the visual acuity to observe the sUAS and be able to 

communicate clearly with the PIC. The Observers duties are: 

 Warning the PIC of any impending obstacles in the flight path

 Warning of any deviations from the planned flight path

 Warning of any unauthorized personnel appearing in the area of the planned 

flight path

The Observer will have the authority to order the PIC to terminate the flight should he 

feel the flight couldn’t be conducted safely. 

UAS Operating Parameters:

1. TEXAS SKYCAM, LLC will operate its sUASs in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from populated 

areas. Such operations will insure that the sUAS will "not create a hazard to 

users of the national airspace system or the public." 

2. Before an operation of a sUAS within 5NM of an airport with a control tower, 

the control tower will be called to gain permission to operate the sUAS. The PIC 

will give the position, altitude and the times the sUAS will be operated. The 

sUAS will not be operated at an altitude of over 200 feet AGL. Weather 

minimums will be 3 miles visibility and a 1000-foot ceiling. 

3. Before an operation of a sUAS within 5NM of a non-towered airport,

appropriate personnel will be notified and the PIC will give the right of way to 

avoid flying in the proximity of full- scale aircraft. At no time will the sUAS be 

operated within the final approach course and the takeoff course of any 

runway. 

4. Flights will be terminated at 20% battery power reserve should that occur prior 

to the 18minute battery limit. 
9

5. Our sUASs will be programmed so that they will not be operated at an altitude 

of no more than 200 feet AGL, and not more than 200 feet above an elevated 

platform from which filming is planned. 

6. Minimum crew for each operation will consist of the sUAS Pilot, the Visual 

Observer and may include but not limited to a Camera Operator. 

7. The sUASs operated by the petitioner weighs less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbals). 

8. A preflight and post flight checklist will be developed and employed to ensure 

that UAV airworthiness will be maintained for flight operations that will be 

performed by the PIC in accordance with the DJI Operator Manuals4and only 

manufacturer's authorized replacement parts will be used. 

9. Given the small size, weight, speed and operational capabilities of the sUAS and 

the restricted sterile environment within which they will fly, our sUASs

operations adhere to the Reform Act's safety requirements. 

Additionally, we request that we be allowed to use our sUASs to benefit first responders 

who might require assistance, including fire fighters, police, sheriff, etc., all while 

remaining subject to all limitations cited below: 

1. No flight will be made with a gross weight exceeding 55 pounds.

2. All operations must occur in FAA Class G airspace at no more than 200 ft. AGL, at 

airspeed of no more than 25 knots and no further than 1600 ft. or 0.263 NM 

from the PIC.

3. All operations must utilize a visual observer (VO). The VO and PIC must be able 

to communicate by voice at all times during a flight operation.

4. Operations will be restricted to flights over private property with the permission 

of the property owner.

5. All required permits would be obtained from state and local city governments

prior to operation.

6. PIC will not operate over densely populated areas.

7. PIC will not operate over any open-air assembly of people.

8. PIC will not operate over heavily trafficked roads.

FCC Information: 

Our DJI Phantom 2, DJI Inspire 1 and the DJI S900’s transmitters used for controlling the 

sUASs complies with part 15 of the FCC rules. Operation is subject to the following two 

conditions: (1) This device may not cause harmful interference, and (2) this device must 

accept any interference received, including interference that may cause undesired 

																																																							

4 TEXAS SKYCAM, LLC Operator Manuals and specifications for the DJI Phantom 2, DJI Inspire 1 and DJI S900

respectively are available online at: http://www.dji.com/product/phantom-2/spec; at http://www.dji.com/product/Inspire-1; at 

http://www.dji.com/product/spreading-wings-s900/spec. The file sizes are too large and will not upload to the 

Regulations.gov website.
10

operation. Radio frequencies used will be those allotted by the FCC for data 

transmission and vehicle control in unlicensed frequency bands. All devices used will

comply with FCC usage and emissions regulations.

Public Interest:

Small Unmanned Aircraft Systems offer more efficient and safer benefits over the use of 

full-sized manned aircraft for aerial video and photography in the architectural, 

engineering, agricultural and construction industries. Replacing significantly larger 

manned aircraft carrying crew and flammable fuel with small sUASs carrying no 

passengers, crew or fuel creates a much greater margin of safety for the public. 

By granting TEXAS SKYCAM, LLC requested exemption, the FAA will help drive 

development of safe and successful commercial UAS operations and will advance the 

public knowledge base for such operations. These factors are beneficial for, and in the 

best interest of, the public. Therefore, the FAA has good cause to grant this Petition. 

In Conclusion. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, 

weight, speed, operating capabilities, proximity to airports and populated areas, and 

operating within visual line of sight or posing no threat to national security – provide 

more than adequate justification for the grant of the requested exemption allowing 

commercial operation of Petitioner’s three UASs, DJI Phantom 2, DJI Inspire 1 and DJI 

S900 for the purposes outlined herein and are consistent with exemptions already 

granted, including Exemptions 11062 through 11067, 11080 and 11109 through 11112.

For the foregoing reasons, TEXAS SKYCAM, LLC should be permitted to conduct small 

UAS commercial operations under controlled conditions and in accordance with its DJI 

Operator Manuals5and all other parameters deemed necessary and appropriate by the 

FAA. Accordingly, the Petitioner respectfully requests that the FAA grant the requested 

Petition for Exemption without delay. Thank you for your consideration.

Humbly submitted,

/s/

Mario A. Ornelas, Owner

TEXAS SKYCAM, LLC

																																																							

5 TEXAS SKYCAM, LLC Operator Manuals and specifications for the DJI Phantom 2, DJI Inspire 1 and DJI S900

respectively are available online at: http://www.dji.com/product/phantom-2/spec; at http://www.dji.com/product/Inspire-1; at 

http://www.dji.com/product/spreading-wings-s900/spec. The file sizes are too large and will not upload to the 

Regulations.gov website.
11

Pursuant to 14 CFR Part 11, the following is a summary to be provided for 

publication in the Federal Register if needed: 

TEXAS SKYCAM, LLC is seeking a Petition for Exemption from the following 

regulations:

14 C.F.R. Part 21; 14 C.F.R. 45.23 (b); 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b)(2); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 91.121; 

14 C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a) & (b); 14 C.F.R. 91.215

14 C.F.R. 91.405 (a); 407 (a)(1); 409 (a)(1)&(2); 417 (a)&(b) 

TEXAS SKYCAM, LLC is seeking this exemption to use one or more of its 

small Unmanned Aircraft Systems (sUASs) for the special purpose of 

conducting aerial video and photography over certain areas of the United 

States focusing its operations in the architectural, engineering, agricultural 

and construction industries. By granting approval of this Petition for 

Exemption, it will greatly enhance safety and reduce risks associated with 

these activities. The conventional methods included the use of manned 

aircraft or rotorcraft, which pose a greater risk to personnel involved and to 

the public in general. Using its sUAS that carry no passengers, crew or 

flammable fuel will eliminate the risks associated with these tasks. 

For the foregoing reasons, the exemption requested herein should be 

granted and TEXAS SKYCAM, LLC should be permitted to conduct small UAS 

commercial operations under controlled conditions and in accordance with 

its Operation Manuals and all other parameters deemed necessary and 

appropriate by the FAA. 

/s/

Mario A. Ornelas, Owner

TEXAS SKYCAM, LLC