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SkyKing Images LLC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: SkyKing Images, LLC FOR

AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE

CODE OF FEDERAL REGULATIONS SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a),

61.315(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a)

& (b) CONCERNING COMMERCIAL OPERATION OF DJI INSPIRE 1 UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on February 2, 2016

SkyKing Images, LLC

Stacey King

Lonnie King 

2276 Sunley Lane

Chesterfield, MO 63017

Sbabb33@aol.com

Kingbtheone@yahoo.com

Phone: 636-236-6504

Phone: 505-450-7123
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS ..................................................................................3

SUMMARY ..........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND.........................................................................................................................5

BASIS FOR PETITION..............................................................................................................5

NAME AND ADDRESS OF PETITIONER. ...........................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SKYKING IMAGES, LLC

SEEKS EXEMPTION..............................................................................................................8

THE EXTENT OF RELIEF SKYKING IMAGES, LLC SEEKS AND THE REASON

SKYKING IMAGES, LLC SEEKSTHE RELIEF..............................................................12

THE REASONS WHY GRANTING SKYKING IMAGES, LLC’S REQUEST WOULD

BE

IN THE PUBLIC INTEREST .............................................................................................17

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY ................................................................................................................20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. ...................34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT SKYKING IMAGES, LLC’S REQUEST..........................................................34

CONCLUSION ..................................................................................................................... 34
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

Lonnie King and Stacey King of SkyKing images seek exemption from the requirements of

14 C.F.R §§ 61.101(e)(4) and

(5), 61.315(a), 61.23(a), 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 permits SkyKing Images,

LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting

aerial video and photography of forestry/fire project sites, construction sites, building

inspections, agricultural lands, outdoor recreational facilities, real estate, special events, and

landscapes within the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

SkyKing Images, LLC will provide its clients with the highest quality digital content for use

in

their commercial, personal, and non-profit multimedia projects. SkyKing Images, LLC will bring 

10 plus years of recreational video and photographer experience combined with 4 years of recreational 

Drone operation.

SkyKing images will also utilize its network of licensed pilots to assist clients in contracting 

persons licensed to operate commercially owned and permitted drones.

SkyKing Images, LLC will leverage years of recreational drone activity to offer safety and 

operational training to persons utilizing a drone for recreational purposes or for hire as a licensed 

pilot under a qualified FAA 333 Exemption.

Examples of photography and video imaging for commercial, public and residential use may include:

· Aerial event filming and photography

· Feature film and Documentary cinematography

· Promotional videos for businesses, non-profits & government entities

· Agricultural surveys and environmental monitoring

· Forestry/land surveys and documentation

• Real estate

Search and Rescue- as requested by proper authorities
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BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1 and Phantom 3 Advanced UAS

SkyKing Images, LLC seeks an exemption to operate DJI and Phantom systems for compensation

Or hire within the NAS. The DJI Inspire 1 (Inspire 1) is a vertical takeoff and landing (VTOL)

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

phone system. The Inspire 1 is an electric powered rotary wing UAS that is capable of transmitting live

airborne video images and location information to a Ground Control Station (GCS). The Inspire

stores the photographs and data on board and makes them available for download after completion of

the flight. The Inspire is 22 in x 22 in x 8 in and weighs 6.4 pounds, well under the 55 lbs mandated

in the FMRA. The Inspire can conduct hovering flight and has a maximum cruising speed of 42

knots. It is battery powered, has a flight endurance of 22 minutes and can operate in temperatures

ranging from 0° to 40° C. The Inspire’s omni-directional antenna has a range of 2.1 km and operates

in the 2.420 – 2.483 GHz frequency range.

The Inspire 1 that will be operated by SkyKing Images, LLC will be registered in

Accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, SkyKing Images, LLC, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Inspire 1 and the Phantom 3 Advanced in the National

Airspace System (NAS), and
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for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a),

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).

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, SkyKing Images, LLC operation of the DJI Inspire 1 and Phantom 3 

Advanced UAS meet the conditions of FMRA Section 333 and therefore, will not require an airworthiness c

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

Accordingly, SkyKing Images, LLC requests relief from Sections 91.405(a),

91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

SkyKing Images, LLC submits that the requested relief is proper since an equivalent level of

safety will be ensured. SkyKing Images, LLC 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 (i.e., Monthly Maintenance Log, and Instruction

Manual). Furthermore, SkyKing Images, LLC will document and maintain all maintenance

records for the DJI Inspire 1 and Phantom 3 Advanced UAS.

Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational pilot

privileges and limitations: Pilot in command, and from Section 61.315(a) entitled What are the

privileges and limits of my sport pilot certificate, and from Section 61.23(a) entitled Medical

certificates: Requirements and duration, is requested by SkyKing Images, LLC to the extent

necessary

to allow a Pilot in Command (PIC) holding a sport pilot or higher level certificate, as well as a valid

driver’s license, and who has demonstrated, by meeting minimum flight-hour and currency

requirements, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with
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this exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

SkyKing Images, LLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness,

because the DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, SkyKing Images, LLC submits that it will ensure that the

UAS are in an airworthy condition, prior to every flight, by determining that the UASs are

in compliance with the operating documents (i.e., Monthly Maintenance Log, and

Instruction Manual), and that the aircraft are in a condition for safe flight.

SkyKing Images, LLC also seeks an exemption from the requirements of Section

91.121,

entitled Altimeter Settings, as the DJI Inspire 1 and Phantom 3 UA will not have a typical barometric

altimeter

onboard. However, altitude information for both UAS models will be provided to the PIC via

Global Positioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information,

combined with SkyKing Images, LLC’s operation of the DJI Inspire 1 and Phantom 3 UAS within

visual line of sight,

at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, SkyKing Images, LLC seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. SkyKing Images, LLC submits

that

safety will not be affected by operation of the approved UA during daylight hours in visual

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.
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In accordance with 14 C.F.R. § 11.81, SkyKing Images, LLC 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:

Stacey King

SkyKing Images, LLC

2276 Sunley Lane

Chesterfield, MO 63017

Tel: 636-236-6504

Email: sbabb33@aol.com

B. The Specific Sections Of 14 C.F.R. From Which SkyKing Images, LLC Seeks

Exemption.

1. SkyKing Images, LLC Seeks Exemption From The Requirements Of Section 61.101(e)(4)

and (5).

Section 61.101, entitled Recreational pilot privileges and limitations: Pilot in

command, subsection (e)(4) and (5) prescribe the following, in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not

act as pilot in command of an aircraft-

(4) For compensation or hire;

(5) In furtherance of a business;

2. SkyKing Images, LLC Seeks Exemption From The Requirements Of Section

61.23(a).

Section 61.23(a), entitled Operations requiring a medical certificate: Requirements

and duration, subsection (a) prescribe the following, in relevant part:

(f) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act

as pilot in command of an aircraft-
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3. SkyKing Images, LLC Seeks Exemption From The Requirements Of Section

61.315(a).

Section 61.315(a), entitled What are the privileges and limits of my sport pilot

certificate, subsection (a) prescribe the following, in relevant part:

(c) You may not act as pilot in command of a light-sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.-

4. SkyKing Images, LLC Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

5. SkyKing Images, LLC 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 t

hat 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;

(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.
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6. SkyKing Images, LLC 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.

7. SkyKing Images, LLC 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[.]

8. SkyKing Images, LLC 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[.]

9. SkyKing Images, LLC 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 -

(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
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(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of

this chapter.

10. SkyKing Images, LLC 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 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
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major alteration to the airframe and currently installed engines, rotors, propellers, a nd

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 SkyKing Images, LLC Seeks And The Reason SkyKing Images, LLC

Seeks The Relief.

1. Extent Of Relief SkyKing Images, LLC Seeks And The Reason SkyKing Images,

LLC Seeks Relief From Section 61.113(a) and (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command, is requested to the extent necessary to allow a PIC holding a sport pilot or higher level

Pilot certificate/license or rating, and who has met certain flighthour 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 sport 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, SkyKing Images, LLC submits that an equivalent level of

safety

will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS UA unless that
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PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to

safely operate either the DJI Inspire 1 UAS 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, SkyKing Images, LLC submits that all flights of the DJI Inspire 1 and Phantom 3 

Advanced UAS, conducted by

the PIC pursuant to the grant of this Petition: (1) will be incidental to SkyKing Images, LLC business;

and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief SkyKing Images, LLC Seeks And The Reason SkyKing Images, LLC

Seeks Relief From Section 61.23(a).

Relief from Section 61.23(a), entitled Operations requiring a medical certificate:

Requirements and duration, is requested to the extent required to necessary to allow a PIC holding a

sport pilot certificate or higher level certificate, as well as a current and valid driver’s license, to

conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.23(a) otherwise require the

PIC of any flight for compensation or hire to hold a comprehensive FAA issued medical certificate.

In Exemption No. 11213 to Aeryon Labs, Inc., the FAA “finds that, because of the risk mitigations

established in the conditions and limitations of this exemption, a person that holds a U.S. issued

driver’s license who is operating a UAS will not adversely affect safety. The FAA is granting relief

from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates discussed above to operate

a UAS under this exemption with a U.S. issued driver’s license, in lieu of an FAA-issued medical

certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate holders to

operate aircraft other than LSA with a U.S. issued driver’s license under this exemption.”
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3. Extent Of Relief SkyKing Images, LLC Seeks And The Reason SkyKing Images, LLC

Seeks Relief From Section 61.315(a).

Relief from Section 61.315(a) entitled What are the privileges and limits of my sport pilot

certificate, is requested to the extent necessary to allow a PIC holding a sport pilot or higher level

certificate to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.315(a) restrict a sport pilot

from acting as the PIC of any flight for compensation or hire, or for the furtherance of any business.

In Exemption No. 11213 to Aeryon Labs, Inc., the FAA re-assessed the level of pilot

certificate that would be appropriate for the petitioner’s operations. In evaluating this petition, similar

to the evaluation of the private and commercial pilot certificates in Exemption No. 11062, the agency

compared the aeronautical knowledge requirements of the recreational and sport pilot certificates to

those of the private pilot certificate. They found that the aeronautical knowledge requirements that

would be applicable to a UAS operation for a recreational pilot and sport pilot certificate are

substantially similar as those for a private pilot certificate.

Additionally, similar to the private and commercial pilot certificates, holders of recreational

and sport pilot certificates are subject to security screening by the Department of Homeland Security

(DHS).

Therefore, because they must demonstrate aeronautical knowledge relevant to UAS

operations and are subject to DHS screening, factors that were considered by the FAA in allowing

private pilot operations under previous exemptions, the FAA now determines that holders of

recreational and sport pilot certificates may serve as the PIC for UAS operations.
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4. Extent Of Relief SkyKing Images, LLC Seeks And The Reason SkyKing Images, LLC

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent

required to allow SkyKing Images, LLC to determine that the DJI Inspire 1 UAS and Phantom 3 Advanced

Are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating

documents (i.e., the DJI Inspire 1 and Phantom 3 Advanced Maintenance Manual, Monthly Maintenance Log,

and instruction manuals

SkyKing Images, LLC seeks the requested relief because the requested UAS do not require

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

Images, LLC will ensure that the DJI Inspire 1 and Phantom 3Advanced UAS are in airworthy condition

Based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and

Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for

safe flight, as stated in the conditions and limitations below.

5. Extent Of Relief SkyKing Images, LLC Seeks And The Reason SkyKing Images, LLC

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 

DJI Inspire 1 and Phantom 3 Advanced UAS, which utilize a barometric pressure sensor, GPS equipment, and

a radio communications telemetry data link to downlink altitude information from the UA to the PIC

at the ground control station (GCS). Since the FAA requires that any altitude information concerning

UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), SkyKing

Images, LLC seeks the requested relief because theUA’s altimeter may be set on the

ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.
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Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations

stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the

DJI Inspire 1 and Phantom 3 Advanced UAs are 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.

6. Extent Of Relief SkyKing Images, LLC Seeks and the reason SkyKing Images Seeks 

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 Inspire 1 UAs during

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 4.5 minutes. SkyKing Images, LLC seeks the requested relief because without

an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1

and Phantom 3 Advanced UA will severely constrain the practicality of any aerial video or still

Photo operations that SkyKing Images, LLC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Inspire 1 and Phantom 3 Advanced

UAS, the operating documents, and SkyKing Images, LLC’s proposed operating limitations, ensure

that SkyKing Images, LLC will safely operate the battery powered DJI Inspire 1 and Phantom 3 Advanced 

UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR),

with enough

with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing

And, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
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7. Extent Of Relief SkyKing Images, LLC Seeks And The Reason SkyKing Images, LLC

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply

to aircraft with an airworthiness certificate, SkyKing Images, LLC requests relief from these

Sections because the DJI Inspire 1 and Phantom 3 Advanced UAS do not require airworthiness

certificates. As set forth more

fully below, both UAS units described meet the conditions of FMRA Section 333 for operation

without

an airworthiness certificate. Accordingly, SkyKing Images, LLC will use trained technicians

to

perform maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., the assigned UAS

Maintenance Manual, Monthly Maintenance Log, and Instruction Manual).

Furthermore, SkyKing Images, LLC will document and maintain all maintenance records for the

DJI Inspire 1and Phantom 3 Advanced UAS.

D. The Reasons Why Granting SkyKing Images, LLC 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 SkyKing Images, LLC

to safely, efficiently, and economically conduct aerial video and photography of construction sites,

building inspections, agricultural lands, wineries, outdoor recreational facilities, real estate, special

events, and landscapes over certain areas of the United States.

Additionally, use of the DJI Inspire 1 UAS will decrease congestion of the NAS, reduce

pollution, and provide significant benefits to the economy. Notably, benefits of SkyKing Images,

LLC’s proposed operation of the DJI Inspire 1 UAS will be realized without implicating any

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

The DJI Inspire 1 UAS 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 Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air

pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion

around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 1 UAS

do 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 Inspire 1

UAS.

Conducting aerial acquisitions with the DJI Inspire 1 UAS, instead of manned aircraft, will

greatly benefit the public by drastically reducing the levels of air and noise pollution generated

during traditional aerial video and still photography flight operations. By using battery power and

electric motors, the DJI Inspire 1 and Phantom 3 UAS produce no air pollution, and are 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 of leaded aviation fuel.

The DJI Inspire 1 and Phantom3 UAS, while reducing the carbon footprint of aerial acquisitions

also eliminates noise pollution, as the UASs are propelled by battery
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powered electric motors, rather than an internal combustion engine. By using the described UAS

to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground,

which is usually associated with traditional manned aircraft flight operations, will be substantially

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

aircraft, the DJI Inspire 1 UAS (weighing approximately 6.5 pounds maximum gross weights with a

length of 17.3 inches, width of 17.7 inches, and with no fuel on board), has less physical potential

for collateral damage to life and property on the ground, and in the air, compared to the manned

aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Inspire

1 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Inspire 1 is also an economical alternative to

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1

UAS will allow United States based companies, like SkyKing Images, LLC, to remain competitive

and

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S.

owned and operated companies must adopt new and alternative technology in order to remain

competitive. Operating the battery powered UAS is one such technology that not only allows

companies greater operational flexibility compared to manned aircraft, but provides such

flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Inspire 1 UAS and Phantom 3 Advanced, companies such as SkyKing 

Images, LLC, can remain

competitive and profitable, and therefore, provide greater job stability to employees and contractors,
20

which will ultimately contribute to growth of the U.S. economy. Improved financial performance of

U.S. companies, through commercial use of the DJI Inspire 1 UAS, provides a stable workforce that

increases consumer spending; improves local, state, and federal tax revenues; and allows companies

to invest in research and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

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

SkyKing Images, LLC proposed operation of the DJI Inspire 1 and Phantom 3 UAS will not implicate

any privacy issues.

Specifically, the DJI Inspire 1 and Phantom 3 UAS Advanced will be operated only in compliance

With the conditions set forth in any exemption granted under this petition.

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 SkyKing Images, LLC Seeks Exemption.

1. Reasons Why The DJI Inspire 1 and Phantom 3 Advanced UA Meet The Conditions Of

The FAA Modernization and

Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited

operating area associated with the unmanned aircraft and its operation, SkyKing Images LLC operation

of the DJI Inspire 1 UAS 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. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days

after the date of enactment of this Act, the Secretary of Transportation shall determine if certain

unmanned aircraft systems may operate safely in the national airspace system before completion of
21

the plan and rulemaking required by section 332 of this Act or the guidance required by section 334

of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a),

the Secretary shall determine, at a minimum-

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed,

operational capability, proximity to airports and populated areas, and operation within visual line of

sight do not create a hazard to users of the national airspace system or the public or pose a threat to

national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain

unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall

establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, SkyKing Images, LLC submits that the DJI Inspire 1 and Phantom 

3 Advanced UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated

by:

(a) the characteristics of the DJI Inspire 1 and Phatom 3 Advanced UAS; (b) the pilot certification

requirement; and

(c) the specific operating limitations.

a. The Specifications Of The DJI Inspire 1 UAS Demonstrate Its Safe

Characteristics.

The DJI Inspire 1 UAS does not create a hazard to users of the NAS or the public, or otherwise pose

athreat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Inspire 1 UAS.

The technical specifications of the DJI Inspire 1 UAS is set forth by the DJI Inspire

1 Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Inspire 1 UAS Autonomous Flight And Navigation Modes Enable The

UAS To Remain Within A Defined Operational Area.

The DJI Inspire 1 UAS may be operated in both manual and fully autonomous flight modes.

A complete description of the flight and navigational modes of the DJI Inspire 1 UAS is

provided in the DJI Inspire 1 User Manual, attached hereto as Exhibit B.
22

iii. The DJI Inspire 1 UAS and Phantom Are Designed For Automatic Return To

Home or to Hover Point in the event of loss of the control link or Navigation.

When the Control Link is lost, the DJI Inspire 1 UA will remain stationary, in flight, for 3

seconds or more. If, after 3 seconds, the DJI Inspire 1 UA does not reacquire control link data from

the GCS, the UA will assume that the Control Link is lost and the UA will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Inspire 1 UAS are set forth in

the DJI Inspire 1 User Manual, attached hereto as B.

iv. The DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Inspire 1 GCS and flight

control software is provided in the DJI Inspire 1 User Manual. DJI Inspire 1 User Manual is attached

hereto as Exhibit B.

b. Flight Operations Of DJI Inspire 1/Phantom UAS Are Limited To The Line Of

Sight Of A Certificated Pilot in Command With A Safety Observer.

SkyKing Images, LLC will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command or sport pilot license with valid driver’s

license (PIC) of the DJI Inspire 1 and Phantom 3 UAS. Additionally, a safety observer will assist

all pilots during flight time.

c. Flights Of DJI Inspire 1 UAS/Phantom Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Inspire 1 UAS 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 Inspire 1 and Phantom 3 Advanced Unmanned Aircraft 

System
23

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, photography, and instruction.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as

indicated by the procedures specified in the operating documents unless a special request is made

and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The 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
24

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional

test flight. The PIC who conducts the functional test flight must make an entry in the aircraft

records.

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

components, items, or equipment, not already covered in the relevant sections of the operating

documents.

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

replacement, inspection, and life limit requirements.

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

accordance with the operating documents. Maintenance, inspection, alterations, and status of

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

in service, description of work accomplished, and the signature of the authorized person returning

the UAS to service.

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 nonparticipants, and the PIC must operate the UA with

appropriate distance from nonparticipants 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. §

19.1. 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
25

made available to the Administrator upon request.

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. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA

will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation. All operations shall be conducted in

accordance with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

26. 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.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the

UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

28. 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.

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

activities at all times.

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

31. 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
26

present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an

undue hazard to those persons per § 91.119(a).

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.

33. 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. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would

Not Adversely Affect Safety.

SkyKing Images, LLC submits that the equivalent level of safety established

by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the

The UAS included in this petition unless that PIC has demonstrated, by meeting minimum

Flight hour and currency requirements, that the PIC is able to safely operate the selected UAS in a

manner consistent with the exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures. Considering SkyKing Images, LLC

proposed area of operations, and the operating limitations set forth-above; the parallel nature of sport

pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption

No. 11062); and the airmanship skills necessary to safely operate the DJI Inspire 1 and or Phantom 

3 Advanced UAS, SkyKing Images, LLC submits that the additional manned airmanship experience of

A commercially certified pilot would not correlate to the airmanship skills necessary for

SkyKing Images, LLC Specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,
27

11156, 11158, 11159, 11160, 11161).

SkyKing Images, LLC will not allow any PIC to operate a UAS unless that

PIC has demonstrated, by meeting minimum flight-hour requirements or the specified UAS

training and currency requirements, that the PIC is able to safely operate the UAS in a

manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of

those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an

equivalent level of safety during SkyKing Images, LLC proposed operations.

The

Administrator has held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have accumulated and

logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS.

Prior to operations under Exemption No. 11062, the PIC must also have accumulated and

logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to

be used for operations under the exemption. For clarification, the FAA considers these

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model

time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The
28

FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are

appropriate to practice and build proficiency in the skills necessary to safely conduct the

petitioner’s proposed operations. The FAA also finds that prior documented flight experience

that was obtained in compliance with applicable regulations would satisfy this requirement.

Training, proficiency, and experience-building flights can also be conducted under the grant

of exemption to accomplish the required flight time. During training, proficiency, and

experience-building flights the PIC is required to operate the UA with appropriate distances

in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, SkyKing Images, LLC will ensure safe operations by not allowing

any

PIC to operate the approved UAS unless that PIC has demonstrated, by meeting

minimum flight-hour and currency requirements, that the PIC is able to safely operate the

DJI Inspire 1 UAS or Phantom 3 in a manner consistent with the exemption, including

evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior

to every flight, SkyKing Images, LLC will ensure that the UAS as approved in this 

exemption is in an airworthy

condition based upon the UAS’s compliance with its operating documents and as stated in the

conditions and limitations herein. Additionally, the FAA has previously granted relief from

Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.
29

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the approved UAS will be provided to the PIC via GPS equipment and a

radio communications telemetry data link, which downlinks from the UAS to the GCS for active

monitoring of the flight path and altitude. This altitude information, combined with SkyKing Images,

LLC’s operation of the DJI Inspire 1 UAS within visual line of sight, at or below 500 feet AGL, will

ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by

GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is

automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Inspire 1 UAs; (2) the

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

Accordingly, SkyKing Images, LLC will ensure that it will safely operate the battery powered DJI

Inspire 1 and Phantom 3 Advanced UA during daylight hours in VFR conditions, with enough

battery power to fly for a total

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 4.5 minutes.
30

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 UAS; the

limitations on the proposed flight operations; and the location of the proposed operations, will ensure

an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be

ensured as the DJI Inspire 1/Phantom UAS provide audible and visual warnings to the PIC when th

UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining

battery power, and again at approximately 10% remaining battery power. At the critically low battery

level, the DJI Inspire 1 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish

that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA

has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect

Safety.

In seeking this exemption, SkyKing Images, LLC submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because SkyKing
31

Images, LLC will use trained technicians to perform maintenance, alterations, or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed in the operating

documents (i.e., the UAS Maintenance Manual, Monthly Maintenance Log, and instruction manual)

Furthermore, SkyKing Images, LLC will document and maintain all maintenance records for the DJI 

Inspire 1 and Phantom 3 Advanced UAS.

Since both the DJI Inspire 1and Phantom 3 Advanced UAS will be inspected as prescribed by

The operating documents, SkyKing Images, LLC will maintain the equivalent level of safety

Established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Inspire

1 and Phantom 3 Advanced User Manuals are attached hereto as Exhibit B; 

A copy of the DJI Inspire 1 and Phantom 3 Maintenance Manual is attached

hereto as Exhibit C; a sample copy of the DJI Inspire 1 and Phantom 3 Advanced UAS

Maintenance log is attached hereto as Exhibit D.

Likewise, the exemption sought will not adversely affect safety because SkyKing Images,

LLC will use trained technicians to perform maintenance, alterations or preventive maintenance

on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI

Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and

maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by

the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not

adversely affected when the technical characteristics and operating limitations of the UAS are
32

considered.

In consideration of SkyKing Images, LLC proposed operating limitations, the operating

documents, and the technical aspects of the DJI Inspire 1 and Phantom 3 UAS, SkyKing Images,

LLC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted r

Relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, SkyKing Images, LLC requests that the

FAA

prescribe special conditions for the intended operation of the DJI Inspire 1 or Phantom 3 UAS,

which contain such safety standards that the Administrator finds necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14

C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited

purpose of conducting aerial video, photography and instruction 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.
33

§ 21.16, for operation of the DJI Inspire 1 and Phantom 3 Advanced UAS, since the

airworthiness regulations of 14

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual

design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety standards for the aircraft,

aircraft engine or propeller as the FAA finds necessary to establish a level of safety

equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for SkyKing Images, LLCs intended operation of the DJI Inspire 1and 

Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to e

Establish a level of safety equivalent to that established by 14 C.F.R. Part 21,

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

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which SkyKing Images, LLC Seeks Exemption:

SkyKing Images, LLC seeks exemption from the requirements of 14 C.F.R Sections

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 SkyKing Images, LLC

Seeks:

This exemption will permit SkyKing Images, LLC to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video, photography and training over

certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support SkyKing 

Images , LLC Request.
34

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, SkyKing Images, LLC 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, SkyKing Images, LLC will operate the DJI Inspire 1 and 

Phantom 3 Advnaced UAS’s 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, SkyKing Images, LLC seeks an exemption pursuant to

14

C.F.R § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which

will permit safe operation of the DJI Inspire 1 and Phantom 3 UAS commercially, without an

airworthiness certificate, for the limited purpose of conducting aerial video and photography over

certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the

interests of the public, by allowing SkyKing Images, LLC to safely, efficiently, and economically

operate the DJI Inspire 1 and Phantom 3 Advanced UAS commercially within the NAS.
35

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

Modernization and Reform Act of 2012, Section 333, SkyKing Images, LLC respectfully requests

that

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 SkyKing Images, LLC to operate the DJI Inspire

1 UAS and Phantom 3 Advanced UAS’s commercially for the purpose of conducting proper UAS 

operation instruction, and aerial video and photography over areas of the United States.

Respectfully submitted,

Stacey King

SkyKing Images, LLC

2276 Sunley Lane

Chesterfield, MO 63017

Tel: 636-236-6504

Email: Sbabb33@aol.com