UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. ____________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: NorCal SkyCam

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 

14 OF THE CODE OF FEDERAL REGULATIONS 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) 

CONCERNING COMMERCIAL OPERATION OF:

DJI Inspire 1 and DJI Phantom 1 Unmanned Aircraft Systems

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on July 7, 2015

 

Gary Nelson

NorCal SkyCam

617 Ascada Court

Folsom, CA 95630

Office: (916) 752-0488

Email: Gary@NorCalSkyCam.com
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 NORCAL

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

THE EXTENT OF RELIEF NORCAL SKYCAM SEEKS AND THE 

REASON NORCAL SKYCAM SEEKS THE RELIEF.................................12

THE REASONS WHY GRANTING NORCAL SKYCAM’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST...............................................16

 THE REASONS WHY GRANTING NORCAL SKYCAM THE 

EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY....................20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....36

ADDITIONAL INFORMATION, VIEWS OR ARGUMENTS AVAILABLE 

TO SUPPORT NORCAL SKYCAM’S REQUEST....................................36

CONCLUSION........................................................................................37

APPENDICES...........................................................................................38
3

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
4

SUMMARY

Gary Nelson seeks exemption from the requirements of 14 C.F.R §§ 61.113(a)&(b), 

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

(b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit NorCal 

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

conducting aerial video and photography of real estate, special events, construction sites, 

film sets, crop surveying and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

NorCal SkyCam provides its clients with high quality digital content for use in their 

personal, commercial, and non-profit projects and events. Gary Nelson has over 30 years 

experience flying remote control (RC) aircraft and helicopters and over 15 years as a 

photographer. Gary Nelson holds an FAA Airline Transport Pilot certificate with 23 years 

of commercial flight experience with aircraft type ratings on the Falcon 7X, Falcon 900 

Easy, Falcon 2000, Gulfstream 3 and Hawker Series turbojet aircraft. NorCal SkyCam’s 

objective is to provide high quality imaging for a variety of commercial, public, and real 

estate marketing specifically targeting:

1. Real Estate Marketing Videography and Photography

2. Aerial Event Videography and Photography

3. Construction Site Scouting and Inspection

4. Film production

5. Aerial Mapping/Land Surveying

6. Crop Surveying

7. Positively promote UAS operations using safety as a priority.
5

BACKGROUND

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

NorCal SkyCam seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 1 and DJI Inspire 1 are vertical takeoff and landing 

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

tablet, laptop or smart phone systems. 

The DJI Phantom 1 has a maximum gross weight of approximately 2 pounds 11 

ounces, while having a length of 16 inches, width of 16 inches, height of 8 inches, and a 

maximum speed of approximately 20 knots. 

The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 

17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. The DJI Phantom 1 and DJI Inspire 1 UAs are equipped with four 

main rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 1 and DJI Inspire 1 UAs that will be operated by NorCal SkyCam

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 14C.F.R. Part 45, 

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, NorCal SkyCam, pursuant to the provisions of the Federal Aviation

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

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby

petitions the Administrator to commercially operate the DJI Phantom 1 and DJI

Inspire 1UASs in the National Airspace System (NAS), and for an exemption
6

 

from the Requirements of 14C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 

 91.405(a), 91.407(a)(l), 91.409(a)(l)&(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, NorCal SkyCam’s operation of DJI

Phantom 1 and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and

therefore, will not require an airworthiness certificate in accordance with 14C.F.R. Part

21, Subpart H.

Accordingly, NorCal SkyCam requests relief from Sections 91.405(a),

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

NorCal SkyCam submits that the requested relief is proper since an equivalent

level of safety will be ensured. NorCal SkyCam 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 DJI Phantom 1 and DJI Inspire 1 Instruction Manuals).

Furthermore, NorCal SkyCam will document and maintain all maintenance records for

the DJI Phantom 1 and DJI Inspire 1 UASs using the attached Monthly Maintenance Log.

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

pilot privileges and limitations: Pilot in command, is requested by NorCal SkyCam to the

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by

meeting minimum flight hour and currency requirements, that the PIC is able to safely
7

operate the DJI Phantom 1 and DJI Inspire 1 UASs in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distancesfrom people, vessels, vehicles and structures.

NorCal SkyCam seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 1 and DJI Inspire 1 UASs do not require an

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

SkyCam submits that we will ensure that the DJI Phantom 1 and DJI Inspire 1 UAS’s 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 DJI Phantom 1 and DJI

Inspire 1Instruction Manuals), and that the aircraft are in a condition for safe flight.

NorCal SkyCam also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 1 and DJI Inspire 1 UAs will not have a

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 1

and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS)

equipment and/or 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 NorCal SkyCam’s PIC operation of the DJI Phantom 1 and DJI Inspire 1 UASs within

visual line of sight, at or below 400 feet AGL. NorCal SkyCam’s UAs will be programmed

to a maximum flight altitude below 400 AGL. This will ensure a level of safety

equivalent to Section 91.121. 

Additionally, NorCal SkyCam seeks an exemption from the requirements of Section

91.15l(b), entitled Fuel requirements for flight in VFR conditions. NorCal SkyCam

submits thatsafety will not be affected by operation of the DJI Phantom 1 and DJI

Inspire 1 UAS’ during daylight hours in visual meteorological conditions (VMC)
8

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.

In accordance with 14C.F.R. § 11.81,NorCal SkyCam provides the following

information in support ofits petition for exemption:

A. Name And Address Of The Petitioner.

The name and address ofthe Petitioner and point of contact is:

NorCal SkyCam

Gary Nelson

617 Ascada Court

Folsom, CA 95630

(916) 752-0488

Email: Gary@NorCalSkyCam.com

B.The Specific Sections Of 14 C.F.R. From Which NorCal SkyCam Seeks

 Exemption.

1. NorCal SkyCam Seeks Exemption From The Requirements Of 

Section 61.113(a) and (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation

or hire; nor may that person, for compensation or hire, act as PIC of an

aircraft.

(b) Aprivate pilotmay,for compensation orhire, act as PIC of anaircraftin

connection with any business or employment if -

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

(2) The aircraft does not carry passengers or property for compensation or

hire.

 2. NorCal SkyCamSeeksExemptionFromTheRequirements OfSection

 91.7(a).
9

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

following:

(a)Nopersonmayoperate a civil aircraftunlessitisinan airworthycondition.

3. NorCal SkyCam Seeks Exemption From The Requirements Of Section

91.121. 

Section 91.121, entitled Altimeter settings, subsection(a), states the following, in

part:

(a) Each person operating an aircraft shall maintain thecruisingaltitude or

flight level of that aircraft, asthe casemay be, by reference to analtimeterthat is

set, whenoperating--

(1) Below 18,000 feet MSL, to -

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

within100 nauticalmilesof the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(l)(i)

of this section, the current reported altimeter setting of available

station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation ofthe

departure airport or an appropriate altimeter setting available before

departure.

4. NorCal SkyCam Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirementsfor flight in VFRconditions, 

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.
10

5. NorCal	SkyCam Seeks Exemption From TheRequirement 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 ofthis part and

shall between required inspections, except as provided in paragraph (c) of

this section, have discrepancies repaired as prescribed in part 43 ofthis

chapter [.]

6. NorCal	SkyCam Seeks Exemption From TheRequirements Of Section

91.407(a)(l)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(l), statesthe 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 ofthis chapter [.]

7. NorCal	SkyCam Seeks Exemption From TheRequirements Of Sections

91.409(a)(l) and 91.409(a)(2).

Section91.409,entitledInspections,subsection(a),states thefollowing:

(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

(2) Aninspection forthe issuance of an airworthiness certificate in

accordance with part 21 ofthis chapter.
11

8. NorCal	SkyCam Seeks Exemption From TheRequirements 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) ofthis 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 ofthe work performed; and

(iii) The signature, and certificate number ofthe person approving

the aircraftforreturn to service.

(2) Records containing the following information:

(i) The total time in service ofthe airframe, each engine, each propeller, 

and eachrotor.

(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 ofthe aircraft, including the time since

the last inspection required by the inspection program under which

the aircraft and its appliances aremaintained.

(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.
12

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines,

rotors, propellers, andappliances.

(b) The owner or operator shall retain the following records for the

periods prescribed:

(1) The records specified in paragraph (a)(l) 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) ofthis section shall be retained

and transferred with the aircraft at the time the aircraft issold.

(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 NorCal SkyCam SeeksAnd The Reason NorCal SkyCam Seeks

TheRelief.

1.Extent Of Relief NorCal SkyCam Seeks And The Reason

NorCal SkyCam 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, isrequested to the extent necessary to allow

a PIC holding a private pilot or higher level certificate, as well as a current and

valid airman medical certificate, and who has met certain flight-hour and

currency requirements, to conduct the proposed UAS flight operations for

compensation or hire.

This relief is requested since the limitations set forth in Section

61.113(a) and (b) state that a private pilot may, for compensation or hire, act

as PIC of an aircraft in connection with any business or employment if: (1)

The flight is only incidental to that business or employment; and (2) The

aircraft does not carry passengers or property for compensation or hire.
13

As set forth more fully below, NorCal SkyCam submits that an

equivalent level of safety will be maintained because no PIC will be allowed

to operate the DJI Phantom 1 UAS or DJI Inspire 1 UAS unless that PIC has

met certain flight-hour and currency requirements, demonstrating that the PIC

is able to safely operate either the DJI Phantom 1 or 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 distancesfrom people, vessels, vehicles and structures.

Further, NorCal SkyCam submits that all flights of the DJI Phantom 1

and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this

Petition: (1) will be incidental to NorCal SkyCam's business; and (2) will not

carry passengers or property for compensation or hire.

2. Extent Of Relief NorCal SkyCam Seeks And The Reason NorCal SkyCam

SeeksRelief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is

requested to the extent required to allow NorCal SkyCam to determine that the

DJI Phantom 1 and DJI Inspire 1 UASs are in airworthy condition prior to

every flight by ensuring that the UAS is in compliance with the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 1 and DJI Inspire

1 Instruction Manuals).

NorCal SkyCam seeks the requested relief because the DJI Phantom 1 and

DJI Inspire 1 UASs do not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. Therefore, NorCal SkyCam will ensure that

the DJI Phantom 1 and DJI Inspire 1 UAS’s are in airworthy condition based
14

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

Log, and DJI Phantom 1 and DJI Inspire 1 Instruction Manuals) prior to every

flight, and further, determine that the aircraft are in condition for safe flight, as

stated in the conditions of the Instruction Manuals.

3. Limitations Of Relief NorCal SkyCam Seeks And The Reason NorCal 

SkyCam Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to

allow flight operations ofthe DJI Phantom 1 and DJI Inspire 1UAS which utilize

a barometric pressure sensor and GPS equipment for altitude control. The DJI 

Inspire 1 also uses 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), NorCal 

SkyCam seeks the requested relief because the DJI Phantom 1 and DJI Inspire 1

UA's altimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or field altitude, before each flight.

 Considering the limited altitude ofthe 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 Phantom 1 and DJI

Inspire 1 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. The DJI Inspire 1 provides the PIC with

altitude information of the UA on the heads-up display of the GCS. The DJI 

Phantom will be programmed to a maximum flight altitude below 400 feet AGL.
15

4. Extent Of Relief NorCal SkyCam Seeks And The Reason NorCal 

SkyCam Seeks Relief From Section 91.l5l(b).

Relief from Section 91.15l(b) entitled Fuel requirements for flight in

VFR conditions, is requested to the extent required to allow flights of the battery

powered DJI Phantom 1 and 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. NorCal SkyCam

seeks the requested relief because without an exemption from Section 91.151(b),

the flight time duration of the battery powered DJI Phantom 1 and DJI Inspire 1

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

flight operations that NorCal SkyCam proposes to conduct pursuant to this

Petition.

Significantly, as set forth below, the technical specifications of the DJI

Phantom 1 and DJI Inspire 1 UASs, the DJI Phantom 1 and DJI Inspire 1

operating documents, and NorCal SkyCam's proposed operating limitations,

ensure that NorCal SkyCam will safely operate the battery powered DJI

Phantom 1 and DJI Inspire 1 UAs during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), 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.
16

5. Extent Of Relief NorCal SkyCam Seeks And The Reason NorCal 

SkyCam Seeks Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l)

& (a)(2),And 91.417(a) &(b).

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and

91.417(a) & (b) only apply to aircraft with an airworthiness certificate,

NorCal SkyCam requests relief from these Sections because the DJI Phantom 

1 and DJI Inspire 1 UASs do not require airworthiness certificates. As set

forth more fully below, the DJI Phantom 1 and DJI Inspire 1 UASs meet the

conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, NorCal SkyCam 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 Monthly Maintenance Log, and DJI Phantom 1 and DJI Inspire 1

Instruction Manuals). Furthermore, NorCal SkyCam will document and

maintain all maintenance records for the DJI Phantom 1 and DJI Inspire 1

UAS’s on the UAS Monthly Maintenance Log.

D. The Reasons Why Granting NorCal SkyCam Request Would Be In The

Interest: That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing

NorCal SkyCam to safely, efficiently, and economically perform aerial video and

photography of construction sites, real estate, special events, crops and landscape

over certain areas ofthe United States.

Additionally, use of the DJI Phantom 1 and DJI Inspire 1 UAS’s will

decrease congestion ofthe NAS, reduce pollution, and provide significant

benefits to the economy. Notably, the benefits of NorCal SkyCam's proposed
17

operation of the DJI Phantom 1 and DJI Inspire 1 UASs will be realized

without implicating any privacy issues.

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

The DJI Phantom 1 and 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 Phantom 1 or 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 Phantom 1 and DJI Inspire 1 UAS’s 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

Phantom 1 and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 1 and DJI Inspire 1

UASs, 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 Phantom 1 and DJI Inspire 1 UASs produce no air pollution,
18

and is the most viable environmentally conscious alternative to the cabin class,

six cylinder internal combustion engine aircraft that are typically utilized for

aerial video and photography, while burning approximately 20-30 gallons per

hour of leaded aviation fuel. The DJI Phantom 1 and DJI Inspire 1 UAs, while

reducing the carbon footprint of aerial acquisitions, also eliminates noise

pollution, as the UAs are propelled by battery powered electric motors, rather

than an internal combustion engine.

By using the DJI Phantom 1 and DJI Inspire 1 UASs 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 aircraftflight operations, will

be substantially reduced or completely eliminated. Aside from the lack of flight

crew members located onboard the aircraft, the DJI Phantom 1 and DJI Inspire

1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces

respectively, at their maximum gross weights with lengths of 16 inches and 17.3

inches respectively, widths of 16 inches and 17.7 inches respectively, 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).
19

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 1 and DJI Inspire 1UASsWill Benefit The Economy.

 In addition to being safe and efficient, the DJI Phantom 1 and DJI

Inspire 1 UASs are also an economical alternative to using manned aircraft

to conduct similar aerial operations. As such, operation of the DJI Phantom 

1 and DJI Inspire 1 UASs will allow United States based companies, like

NorCal SkyCam’s, to remain competitive and contribute to growth of the

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

Environmental Protection Agency ("EPA") regulatory actions phasing out

leaded aviation fuels, U.S. owned and operated companies must adopt new

and alternative technology in order to remain competitive. Operating the

battery powered DJI Phantom 1 and DJI Inspire 1 UASs is one such

technology that not only allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high

operational cost of a traditional manned aircraft.

By operating the DJI Phantom 1 and DJI Inspire 1 UAS’s,

companies such as NorCal SkyCam’s, can remain competitive and

profitable, and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S.

economy. Improved financial performance of U.S. companies, through

commercial use of the DJI Phantom 1 and DJI Inspire 1 UASs, 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.
20

4. ThereAreNoPrivacy Issues.

Similar to the manned aerial acquisition flight operations that have been

conducted for decades, NorCal SkyCam's proposed operation ofthe DJI Phantom 

1 and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the

DJI Phantom 1 and DJI Inspire 1 UASs will be operated only in compliance with

operating documents (i.e., the Monthly Maintenance Log, and DJI Phantom 1 and

DJI Inspire 1 Instruction Manuals) which requires property owner involvement

as well as local law enforcement notification, and in accordance with the Federal

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R.

§91.119.

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 NorCal SkyCam Seeks Exemption.

1. Reasons Why The DJI Phantom 1 and DJI Inspire 1 UAs 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, NorCal SkyCam operation

ofthe DJI Phantom 1 and DJI Inspire 1 UASs meet the conditions of FMRA Section

333, and will not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, SubpartH.

Section 333 provides authority for a UAS to operate without airworthiness

certification and setsforth 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 statesthe following, in part:
21

(a) In General.--Notwithstanding any other requirement of this subtitle,

and not later than 180 days after the date of enactment of thisAct, the

Secretary of Transportation shall determine if certain unmanned

aircraft systems may operate safely in the national airspace system

before completion of the plan and rulemaking required by section 332

of this Act orthe guidance required by section 334 of thisAct.

(b) Assessment of UnmannedAircraft Systems.--In making the

determination under subsection (a), the Secretary shall determine, at

aminimum--

(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 orthe public or pose a threat to nationalsecurity; 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.--lf 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

systemsin the national airspace system.

In seeking this exemption, NorCal SkyCam submitsthat the DJI Phantom 

1 and DJI Inspire 1 UAS’s can operate safely in the NAS pursuant to FMRA

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 1

and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the

specific operating limitations.

a. The Specifications Of The DJI Phantom 1 and DJI Inspire 1 UASs

Demonstrate Its Safe Characteristics.

The DJI Phantom 1 and DJI Inspire 1 UASs do not create a hazard to

users ofthe NAS or the public, or otherwise pose a threat to national security

considering its size,weight,speed, and operational capability.
22

i. Technical Specifications Of The DJI Phantom 1 and DJI Inspire 1

UASs.

The technical specifications of the DJI Phantom 1 and DJI Inspire 1UASs are set

forth by the DJI Phantom 1 and DJI Inspire 1 Specifications and Data Sheet,

attached hereto as Exhibit A and B.

ii The DJI Phantom 1 andDJI Inspire 1 UASsAutonomous Flight And

NavigationModesEnableTheUASsToRemainWithin A DefinedOperational

Area.

The DJI Phantom 1 and DJI Inspire 1 UASs may be operated in both manual

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

navigational modes of the DJI Phantom 1 and DJI Inspire 1 UASs is provided

at page 8 and 12-14 of the DJI Phantom 1 and pages 17 -24 of the DJI Inspire

1 User Manuals, and page 21 of the Phantom 1 NAZA-M Quick Start Guide 

attached hereto asExhibit C,D and E.

iii. The DJI Phantom 1 and DJI Inspire 1UASs Are Designed For Automatic 

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.

When the Control Link is lost, the DJI Phantom 1 and DJI Inspire 1 UAS’s will

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

Phantom 1 and DJI Inspire 1 UAS’s do not reacquire control link data from the 

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

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

takeoff position and shutdown. A complete description of the Failsafe

Functions of the DJI Phantom 1 UAS are set forth at page 14 and for the DJI

Inspire 1,pages 21 - 23 of the DJI Inspire 1User Manuals, and page 15 of the 

Phantom1 NAZA-M Quick Start Guide attached hereto as Exhibit C, D and E.
23

iv. The DJI Phantom 1 and DJIInspire 1GCSAnd Its Operation.

A complete description ofthe operation and specifications ofthe DJI Phantom 

1 and DJI Inspire 1GCS and flight control software is provided at pages 32

through 43 of the DJI Phantom 1 User Manual, pages 9-21 of the Phantom 

NAZA-M Quick Start Guide and pages 17 - 24 of the DJI Inspire 1User

Manual. The DJI Phantom 1 and DJI Inspire 1 User Manuals are attached

hereto as Exhibits C, D and E.

b. Flight Operations Of DJI Phantom 1 and DJI Inspire 1UASs Are

Limited To The Line Of Sight Of A Certificated Pilot in Command

With A Safety Observer.

NorCal SkyCam will only utilize certificated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) ofthe DJI

Phantom 1 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all

pilots during flighttime.

c. Flights Of DJI Phantom 1 and DJI Inspire 1 UASs Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, NorCal SkyCam proposes to commercially operate

DJI Phantom 1 and DJI Inspire 1 UASs for the special purpose of conducting aerial

video and photography over certain areas of United States, pursuant to the following

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the

following aircraft described in the operating documents, rotorcraft UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 1 and

DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other

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

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

operations for the purpose of aerial video and photography.
24

3. The UAs may not be flown at an indicated airspeed exceeding 42 knots.

4. The UA must be operated at an altitude of no more than 400 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’s 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, asspecified 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 inthe 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
25

to be in a condition for safe flight. The Ground Control Station must be

 included in the preflight inspection. All maintenance and alterations must

be properly documented in the aircraft records.

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

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

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

conducts the functional test flight must make an entry in the aircraft

records.

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 ofthe 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- classmedical 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 14C.F.R. § 61.5l(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 14C.F.R. § 91.119.
26

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

§ 1.1. All operations must be conducted under visual meteorological

conditions (VMC). If flight at night is required, a special request will be

made at the FAA office closest to proposed area of operations. Flights under

special visual flight rules (SVFR) are not authorized.

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

point as denoted on a current FAA-published aeronautical chart unless a

letter of agreement with that airport's management is obtained, and the

operation is conducted in accordance with a NOTAM as required by the

operator's COA. The letter of agreement with the airport management must

be made available to the Administrator upon request.

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

pre-determined 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 emergenciesin 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 14C.F.R.

part 45, Subpart C. Markings must be aslarge 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.
27

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

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 FAA1s 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.
28

2.		Reasons WhyAn Exemption From TheRequirements Of Section 61.113(a)

And (b) Would NotAdversely Affect Safety.

NorCal SkyCam 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 DJI Phantom 1 and DJI Inspire 1 UASs unless

that PIC has demonstrated, by meeting minimum flight-hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 1 or DJI

Inspire 1 UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels,vehicles and structures.

Considering NorCal SkyCam’s proposed area of operations, and the

operating limitations set forth-above; the parallel nature of private pilot

aeronautical knowledge requirements to those of commercial pilot requirement

(See Exemption No. 11062); and the airmanship skills necessary to safely

operate the DJI Phantom 1 or DJI Inspire 1 UAS, NorCal SkyCam submits

that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for

NorCal SkyCam'sspecific proposed flight operations.

The FAA has previously granted relief from Section 61.l 13(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, 11156,

11158, 11159, 11160, 11161).
29

NorCal SkyCam will not allow any PIC to operate the DJI Phantom 1 or DJI

Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements or the DJI Phantom 1 or DJI Inspire 1 UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 1 or DJI Inspire 1

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 NorCal SkyCam's 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.
30

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 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 14C.F.R91.119.

Exemption No. 11138 at page 15.

Accordingly, NorCal SkyCam will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 1 or DJI Inspire 1 UAS unless that PIC has

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC

is able to safely operate the DJI Phantom 1 or DJI Inspire 1 UAS 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 NotAdversely Affect Safety.

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

because prior to every flight, NorCal SkyCam will ensure that the DJI Phantom 1 or

DJI Inspire 1 UAS 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).
31

4.Reasons Why An Exemption From The Requirements Of Section

91.121 Would NotAdversely Affect Safety.

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

because the altitude information of the DJI Inspire 1 will be provided to the PIC via

GPS equipment and a radio communications telemetry datalink, which downlinks from

the UA to the GCS for active monitoring of the flight path and altitude. The DJI 

Phantom 1 utilizes a barometric pressure sensor and GPS equipment for altitude 

control. The DJI Phantom will be programmed to a maximum flight altitude of 400 

feet AGL. This altitude information, combined with NorCal SkyCam's operation of the 

DJI Phantom 1 and DJI Inspire 1 UAs within visual line of sight, at or below 400 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 NotAdversely 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 (l) the technical

specifications of the DJI Phantom 1 and DJI Inspire 1 UASs; (2) the limitations on

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

Accordingly, NorCal SkyCam will ensure that it will safely operate the battery
32

powered DJI Phantom 1 and DJI Inspire 1 UAs during daylight hours in VFR

conditions, with enough battery power to fly for a total duration of 13.5minutes to

the first point of intended landing and, assuming normal cruising speed, to fly after

that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI

Phantom 1 and DJI Inspire 1 UASs; 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 Phantom 1 and DJI Inspire 1 UASs provide audible and visual warnings to the PIC

at the GCS when the 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 Phantom 1 and DJI

Inspire 1UASs 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, 1064, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
33

6. ReasonsWhyAnExemptionFromTheRequirementsOfSections

91.405(a),91.407(a)(l),91.409(a)(l)&(a)(2),And91.417(a)&(b)Would

NotAdverselyAffectSafety.

In seeking this exemption, NorCal SkyCam submitsthat the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements

established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a)

& (b) will be met because NorCal SkyCam will use trained technicians to perform

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

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

Monthly Maintenance Log, DJI Phantom 1 and DJI Inspire 1 Instruction Manual

and DJI Inspire 1 Maintenance Manual). Furthermore, NorCal SkyCam will

document and maintain all maintenance records for the DJI Phantom 1 and DJI

Inspire 1UASs.

Since the DJI Phantom 1 and DJI Inspire 1 UAS’s will be inspected as

prescribed by the operating documents, NorCal SkyCam will maintain the equivalent

level of safety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A

copy of the DJI Phantom 1 and DJI Inspire 1 User Manuals are attached hereto as

Exhibit C and D; a copy of the DJI Phantom 1 and DJI Inspire 1 UAS Maintenance

Log is attached hereto as Exhibit E. Each Maintenance Log will be UAS specific.

Likewise, the exemption sought will not adversely affect safety because

NorCal SkyCam 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
34

maintenance of the DJI Phantom 1 and DJI Inspire 1 UAS’s 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)(l), 91.409(a)(l) & (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 considered.

In consideration of NorCal SkyCam's proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 1 and DJI Inspire 1

UASs, NorCal SkyCam submits that safety will not be adversely affected by granting

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a) (2), and

91.417(a) and (b). The FAA has previously granted 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.TheFAAMayPrescribe AnyOtherConditionsFor SafeOperation.

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, NorCal SkyCam

requests that the FAA prescribe special conditions for the intended operation of the

DJI Phantom 1 and DJI Inspire 1 UASs, 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.l 13(a) & (b), 91.7 (a),
35

91.121, 91.151(b),91.405(a),91.407(a)(l),91.409(a)(l)&(a)(2),and91.417(a)&

(b). Such special conditions will permit safe operation ofthe UAs forthe limited

purpose of conducting aerial video and photography over certain areas of the United

States for compensation or hire. FMRA Section 333 sets forth the requirements for

considering whether a UAS will create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security; and further, provides the authority for

such UAS to operate without airworthiness certification in accordance with any

requirements that must be established forthe safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R. § 21.16, for operation of the DJI Phantom 1 and DJI Inspire 1UASs, 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,statesthe 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 14C.F.R. § 21.16.

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

FAA may prescribe special conditions for NorCal SkyCam's intended operation of

the DJI Phantom 1 and DJI Inspire 1 UASs, which contain such safety standardsthat

the Administrator finds necessary to establish a level ofsafety equivalent to that

established by 14C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b),
36

91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and

91.417(a) & (b).

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

Rules FromWhich NorCal SkyCam Seeks Exemption:

NorCal SkyCam seeks exemption from the requirements of 14C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l)

& (a)(2},and91.417(a) & (b).

A Brief Description OfThe Nature OfThe Exemption NorCal SkyCam Seeks:

This exemption will permit NorCal SkyCam to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial

videography and photography over certain areas ofthe UnitedStates.

G. Any AdditionalInformation, Views, OrArguments Available To Support

NorCal SkyCam'sRequest.

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, NorCal SkyCam's request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14C.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, NorCal SkyCam will operate the DJI Phantom 1

and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the

NAS, or the public, or otherwise pose a threat to national security.
37

CONCLUSION

As set forth herein, NorCal SkyCam 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 OJI Phantom 1 and D JI Inspire 1 UASs

commercially, without an airworthiness certificate, for the limited purpose of conducting

aerial videography 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 NorCal SkyCam to safely, efficiently, and economically operate the DJI

Phantom 1 and OJI Inspire 1 UASs commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, NorCal SkyCam respectfully requests

that the Administrator grant this Petition for an exemption from the requirements of 14

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15 l (b), 91.405(a), 91.407(a)(l),

91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit NorCal SkyCam to operate the DJI

Phantom 1 and DJI Inspire 1 UASs commercially for the purpose of conducting aerial

videography and photography over certain areas of the United States.

Thank you for your consideration,

Dated: July 7,2015

Gary Nelson

NorCal SkyCam

617 Ascada Court

Folsom, CA 95630

Office: (916) 752-0488

Email: Gary@NorCalSkyCam.com
38

APPENDICES:

A - DJI Phantom 1 Specifications Data Sheet

B - DJI Inspire 1 Specifications Data Sheet

C - DJI Phantom 1 Manufacturer’s Users Manual

D - DJI Phantom 1 NAZA-M Quick Start Guide

E – DJI Inspire 1 Manufacturer’s User Manual

 F - DJI Inspire 1 Maintenance Manual

G - UAS Monthly Maintenance Log
39

Appendix – A

NorCal SkyCam only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user to

set parameters which will not allow flight into controlled airspace. Parameters can also be

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to

a predetermined and set distance.

DJI Phantom 1 Technical Specifications:

Operating Temperature -10C – 50C

Power Consumption 3.12 Watt

Take-Off Weight 2.6 lbs.

Hovering Accuracy Vertical: 2.6 ft.

Horizontal: 8.2 ft.

Max. Yaw Angular Velocity 200 degree/sec.

Max. Tilt Angle 45 degrees

Max. Ascent / Descent Speed 12 knots

Max. Flight Velocity 19 knots

Diagonal Distance (Motor center to motor center) 13.8 inches

Charger AC Input 100 – 240 Volt

Charge Current 1A/2A/3A

Current Drain for Balancing 200mA

Power 20W

Battery Type LiPo

Transmitter Working Frequency 2.4GHz ISM

Control Channels 7

Communication Distance 3,280 Feet (0.62 Miles)

Receiver Sensitivity (1%PER) > -100dBm

Power Consumption of Transmission < 20dBM

Working Current / Voltage 52 mA@6V

AA Battery 4 Required
40

Appendix – B

NorCal SkyCam only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user to

set parameters which will not allow flight into controlled airspace. Parameters can also be

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to

a predetermined and set distance.

DJI Inspire 1 Technical Specifications:

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model T600

2.2.1.2 Weight (Battery Included) – 6 lbs. 7.5 oz.

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 1.6 ft. Horizontal: 8.2 ft.

2.2.1.4 Max Angular Velocity – Pitch: 300 degree/sec.; Yaw: 150 degree/sec.

2.2.1.5 Max Tilt Angle – 35 degrees

2.2.1.6 Max Ascent Speed – 9.7 knots

2.2.1.7 Max Descent Speed – 7.8 knots

2.2.1.8 Max Speed – 43 knots (49 mph)

2.2.1.9 Max Flight Altitude – 14,763 ft.

2.2.1.10 Max Wind Resistance – 19.4 knots (22.3 mph)

2.2.1.11 Max Flight Time – Approximately 18 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 14 degrees F to 104 degrees F

2.2.1.15 Dimensions – 17 1⁄4” x 17 1⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range - +/- 0.03 degrees

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch; -90 to +30 degrees; Pan: +/- 320 degrees

2.2.2.7 Mechanical Range – Pitch; -125 to 45 degrees; Pan: +/- 330 degrees

2.2.2.8 Max Controllable Speed – Pitch: 120 degree/sec; Pan: 180 degree/sec

2.2.3.1 Camera

2.2.3.1 Name – X3

2.2.3.2 Model – FC350
41

2.2.3.3 Total Pixels – 12.76M

2.2.3.4 Effective Pixels – 12.4M

2.2.3.5 Image Max Size 4000x3000

2.2.3.6 ISO Range – 100-3200

2.2.3.7 Field of View – 94 degrees

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD:

1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range – 32 F – 104 F (0 C – 40 C)

 2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728 - 5.850GHz; 2.400 – 2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range – 14 F to 104 F (-10 C to 40 C)

2.2.4.6 Battery – 600mAh Li-ion 2S
42

APPENDIX – C

DJI Phantom 1 Manufacturer’s User Manual
43

APPENDIX – D

DJI Phantom 1 NAZA-M Quick Start Guide
44

APPENDIX – E

DJI Inspire 1 Manufacturer’s User Manual
45

APPENDIX – F

DJI Inspire 1 Maintenance Manual
46

APPENDIX – G

UAS Specific Monthly Maintenance Log

UAS Reg #: _______ MONTHLY MAINTENANCE LOG

UAS Total Flight Time: ______

Date

Performed

Issue Description &

Maintenance Conducted

Software Update

IMU Check

Batteries

Airframe

Motors

Propellers

Camera / Gimbal

Control / Video System

Vision Positioning System

Landing Gear

Vibration Dampening

Other:

Maintenance Performed By:

Print & Sign

July-15