UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA-2007-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

LAS VEGAS SKY CAM LLC

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 PHANTOM 2 

& DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF 

THE FEDERAL MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

SUBMITTED on June 26, 2015

Theodore (Ted) J. Pretty

Owner, LAS VEGAS SKY CAM LLC

80 Blaven Drive

Henderson, NV 89002

Tel: 702-321-3723

Page 1 of 22
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS 3

SUMMARY 4

INTRODUCTION AND INTERESTS OF PETITIONER 4

BACKGROUND

BASIS FOR PETITION 4

BACKGROUND 4

NAME AND ADDRESS OF PETITIONER 7

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH LAS VEGAS 7

SKY CAM, LLC SEEKS EXEMPTION

THE EXTENT OF RELIEF LAS VEGAS SKY CAM LLC SEEKS AND 10

THE REASON LAS VEGAS SKY CAM, LLC SEEKS THE RELIEF

THE REASONS WHY GRANTING LAS VEGAS SKY CAM LLC REQUEST 13

WOULD BE IN THE PUBLIC INTEREST

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 17

ADVERSELY AFFECT SAFETY

SUMMERY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 21

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 21

TO SUPPORT LAS VEGAS SKY CAM LLC’S REQUEST 

CONCLUSION 21

Page 2 of 22
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

CGS Ground Control Station

GPS Global Positioning System

LOL Loss Of Link

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line Of Sight

VMC Visual Meteorological Conditions

VTOS Vertical Takeoff And Landing

Page 3 of 22
SUMMARY

LAS VEGAS SKY CAM LLC 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 Arial System (UAS) pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 

LAS VEGAS SKY CAM LLC to operate an UAS for the commercial purpose of conducting aerial 

video and photography of construction sites and commercial real estate.

INTRODUCTION AND INTERESTS OF PETITIONER

LAS VEGAS SKY CAM LLC wishes to provide construction clients 

expertise and knowledge in advanced technologies and solutions to increase efficiency, 

productivity and effectiveness. LAS VEGAS SKY CAM LLC Owner, Theodore J. Pretty has more 

than 3 years of recreational/hobby experience in all aspects of aerial video and photography. In 

addition, Theodore J. Pretty has been a broadcast meteorologist for more than 14 years in 

Southern Nevada and holds a seal from the National Weather Service (Seal #0804963). 

Theodore J. Pretty’s weather forecasting experience adds to his knowledge of safety pertaining 

to weather conditions suitable for using UASs. Further, Theodore J. Pretty has more than 20 

years experience in videography and editing. The objective of Theodore J. Pretty’s/LAS VEGAS 

SKY CAM LLC’s aerial video and photography operations is to provide high-quality imaging for 

construction. 

BACKGROUND

UNMANNED AIRCRAFT SYSTEMS DJI PHANTOM 2 & DJI PHANTOM 3

LAS VEGAS SKY CAM LLC seeks an exemption to operate these DJI systems for 

compensation or hire within the NAS. The DJI Phantom 2 and the DJI Phantom 3 pounds each, 

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

Page 4 of 22
maximum speed of 29 knots. The DJI Phantom 2 and DJI Phantom 3 that will be 

operated by Theodore J. Pretty 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

UNMANNED AIRCRAFT SYSTEMS DJI PHANTOM 2 AND DJI PHANTOM 3

Petitioner, LAS VEGAS SKY CAM 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 Phantom 2 and DJI Phantom 3, and 

for the 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).

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

the unmanned aircraft and it’s operation, LAS VEGAS SKY CAM LLC operation of the DJI 

Phantom 2 and DJI Phantom 3 UASs meets the conditions of FMRA Section 333 and therefore, 

will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, LAS VEGAS SKY CAM 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.

LAS VEGAS SKY CAM LLC submits that the requested relief is proper since an 

equivalent level of safety will be ensured. LAS VEGAS SKY CAM 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 DJI Phantom 2 and DJI Phantom 3 Instruction Manuals). 

Page 5 of 22
Further, LAS VEGAS SKY CAM LLC will document and maintain all maintenance records for 

the DJI Phantom 2 and DJI Phantom 3 UASs.

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

privileges and limitations: Pilot in command, is requested by LAS VEGAS SKY CAM LLC 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 operate the DJI 

Phantom 2 and DJI Phantom 3 in a manner consistent with this exemption, including evasive 

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

vehicles and structures. 

LAS VEGAS SKY CAM LLC seeks relief from Section 91.7(a) entitled Civil Aircraft 

airworthiness, because the DJI Phantom 2 and the DJI Phantom 3 UASs do not require and 

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

SKY CAM LLC submits that he will ensure that the DJI Phantom 2 and the DJI Phantom 3 UASs 

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 2 

and DJI Phantom 3 Instruction Manuals), and that the aircraft are in a condition for safe flight. 

LAS VEGAS SKY CAM LLC also seeks and exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 2 and DJI Phantom 3 UASs will not 

have a typical barometric altimeter on board. However, altitude information of the DJI Phantom 

2 and DJI Phantom 3 UASs 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 flight path. This altitude information, combined with LAS VEGAS 

Page 6 of 22
SKY CAM LLC operation of the DJI Phantom 2 and DJI Phantom 3 UASs within visual line of 

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, LAS VEGAS SKY CAM LLC seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. LAS VEGAS SKY 

CAM LLC submits that safety will not be affected by operation of the DJI Phantom 2 or DJI 

Phantom 3 UASs during daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a duration of 13 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 14 C.F.R. § 11.81, LAS VEGAS SKY CAM LLC profiles the following 

information in support for exemption:

Name And Address Of The Petitioner:

Theodore J. Pretty

Owner, LAS VEGAS SKY CAM LLC

80 Blaven Drive

Henderson, Nevada 89002

Tel: 702-321-3723

Email: lasvegasskycam@yahoo.com

The Specific Sections Of 14 C.F.R. From Which LAS VEGAS SKY CAM LLC Seeks 

Exemption. 

1. LAS VEGAS SKY CAM LLC 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 and aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if- (1)The flight is only incidental to that business or employment: and 

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

Page 7 of 22
2. LAS VEGAS SKY CAM 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 airworthy condition.

3. LAS VEGAS SKY CAM LLC Seeks Exemption From The Requirements Of Section 

91.121.

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

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating--

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

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or

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

an appropriate altimeter setting available before departure.

4. LAS VEGAS SKY CAM LLC Seeks Exemption From The Requirements Of Section 

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. LAS VEGAS SKY CAM LLC Seeks Exemption From The Requirement Of Section 

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter[.]

6. LAS VEGAS SKY CAM LLC Seeks Exemption From The Requirements Of Section 

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter[.]

Page 8 of 22
7. LAS VEGAS SKY CAM 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

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

this chapter.

8. LAS VEGAS SKY CAM LLC Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner 

or operator shall keep the following records for the periods specified in paragraph (b) of this 

section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the 

AD or safety directive involves recurring action, the time and date when the next action is 

required.

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

airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service.

Page 9 of 22
C. The Extent Of Relief LAS VEGAS SKY CAM LLC Seeks And The Reason LAS VEGAS 

SKY CAM LLC Seeks The Relief.

1. Extent Of Relief LAS VEGAS SKY CAM LLC Seeks And The Reason LAS VEGAS SKY 

CAM 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 private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

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

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

As set forth more fully below, LAS VEGAS SKY CAM LLC submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and DJI 

Phantom 3 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 2 or DJI Phantom 3 

UASs 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, LAS VEGAS SKY CAM LLC submits that all flights of the DJI Phantom 2 and DJI 

Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to LAS VEGAS SKY CAM LLC’s business; and (2) will not carry passengers or 

property for compensation or hire. The areas of operation will be restricted to within the 

controlled, limited access, boundaries of construction sites that have hired LAS VEGAS SKY 

CAM LLC for aerial video and/or photos.

2. Extent Of Relief LAS VEGAS SKY CAM LLC Seeks And The Reason LAS VEGAS SKY

CAM 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 LAS VEGAS SKY CAM LLC to determine that the DJI Phantom 2 and DJI 

Phantom 3 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in 

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

Phantom 2 and DJI Phantom 3 Instruction Manual).

LAS VEGAS SKY CAM LLC seeks the requested relief because the DJI Phantom 2 and DJI 

Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. Therefore, LAS VEGAS SKY CAM LLC will ensure that the DJI Phantom 2 and 

DJI Phantom 3 UASs are in airworthy condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 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.

3. Extent Of Relief LAS VEGAS SKY CAM LLC Seeks And The Reason LAS VEGAS SKY 

CAM 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 Phantom 2 and DJI Phantom 3 UASs, 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 

Page 10 of 22
above ground level (AGL), LAS VEGAS SKY CAM LLC seeks the requested relief because the 

DJI Phantom 2 and DJI Phantom 3 UAS’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 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 

Phantom 2 and DJI Phantom 3 UASs 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.

4. Extent Of Relief LAS VEGAS SKY CAM LLC Seeks And The Reason LAS VEGAS SKY 

CAM LLC Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 2 and DJI 

Phantom 3 UASs during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), for a total duration of 13 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. LAS VEGAS SKY 

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

flight time duration of the battery powered DJI

Phantom 2 and DJI Phantom 3 UASs will severely constrain the practicality of any aerial video 

or still photo flight operations that LAS VEGAS SKY CAM LLC proposes to conduct pursuant to 

this Petition.Significantly, as set forth below, the technical specifications of the DJI Phantom 2 

and DJI Phantom 3 UASs, the DJI Phantom 2 and DJI Phantom operating documents, and LAS 

VEGAS SKY CAM LLC’s proposed operating limitations, ensure that LAS VEGAS SKY CAM 

LLC will safely operate the battery powered DJI Phantom 2 and DJI Phantom UASs 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 minutes to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Additionally, LAS VEGAS SKY CAM LLC believes that operating a UAS in a controlled area 

such as a construction site for less than 30 minutes of reserve fuel, does not enter in the type of 

risks that Section 91.151(a) was intended to alleviate given the size and speed of the DJI 

Phantom 2 and DJI Phantom 3.

5. Extent Of Relief LAS VEGAS SKY CAM LLC Seeks And The Reason LAS VEGAS SKY 

CAM 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, LAS VEGAS SKY CAM LLC requests relief from these 

Sections because the DJI Phantom 2 and DJI Phantom 3 UASs do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 2 and DJI Phantom 3 UASs meet the 

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

LAS VEGAS SKY CAM 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., Monthly Maintenance Log, and DJI Phantom 2 and DJI 

Phantom 3 Instruction Manual). Furthermore, LAS VEGAS SKY CAM LLC will document and 

maintain all maintenance records for the DJI Phantom 2 and DJI Phantom UASs.

Page 11 of 22
D. The Reasons Why Granting T LAS VEGAS SKY CAM LLC’s 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 LAS VEGAS SKY CAM 

LLC to safely, efficiently, and economically perform aerial video and photography of construction 

sites. Additionally, use of the DJI Phantom 2 and DJI Phantom 3 UASs will decrease congestion 

of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the 

benefits of LAS VEGAS SKY CAM LLC’s proposed operation of the DJI Phantom 2 and DJI 

Phantom 3 UASs will be realized without implicating any privacy issues.

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

The DJI Phantom 2 and DJI Phantom 3 UASs 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 2 or DJI Phantom 3 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 2 and DJI Phantom UASs do not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography missions over 

construction sites 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 2 and DJI 

Phantom 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 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 2 and DJI Phantom 3 UASs produce 

no air pollution, and is the most viable environmentally conscious alternative to the cabin class, 

six cylinder internal combustion engine aircraft that are typically utilized for aerial video and 

photography of construction sites, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 2 and DJI Phantom 3 UASs, while reducing the carbon footprint 

of aerial acquisitions, also eliminates noise pollution, as the UASs are propelled by battery 

powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 and DJI Phantom 3 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 aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI 

Phantom 2 and DJI Phantom 3 UASs (weighing under 3 pounds respectively, at their maximum 

gross weights with lengths of 16 inches respectively, widths of 16 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). Further, flights conducted by LAS VEGAS SKY CAM 

LLC will be conducted within the confines of a controlled-access construction site. 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 and DJI 

Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 UASs are also an 

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

operation of the DJI Phantom 2 and DJI Phantom 3 UASs will allow United States based 

Page 12 of 22
companies, like LAS VEGAS SKY CAM 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 DJI Phantom 2 and DJI Phantom 3 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 2 and DJI Phantom 3 UASs, companies such as LAS VEGAS 

SKY CAM LLC, 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 2 and DJI Phantom 3 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.

4. There Are No Privacy Issues.

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

LAS VEGAS SKY CAM LLC’s proposed operation of the DJI Phantom 2 and DJI Phantom 3 

UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Phantom 3 

UASs will be operated only in compliance with operating documents (i.e., the Monthly 

Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual) 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. All flights will occur over construction sites where access is controlled, owner 

notification is granted and signs will be posted notifying onsite personnel of the UAS flyover. 

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 LAS VEGAS SKY CAM LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 UASs 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, LAS VEGAS SKY CAM LLC’s operation of the DJI 

Phantom 2 and DJI Phantom 3 UASs 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 the plan and rule-making 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 

Page 13 of 22
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, LAS VEGAS SKY CAM LLC submits that the DJI Phantom 2 and DJI 

Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 3 UASs; (b) the 

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

a. The Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs Demonstrate Its 

Safe Characteristics.

The DJI Phantom 2 and DJI Phantom 3 UASs do not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability.

i. Technical Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 and DJI Phantom UASs are set forth by the 

DJI Phantom 2 and DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A 

and B.

ii. The DJI Phantom 2 DJI and Phantom 3 UASs Autonomous Flight And Navigation 

Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 and DJI Phantom 3 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 2 and DJI Phantom 3 UASs is provided in User Manuals.

iii. The DJI Phantom 2 and DJI Phantom 3 UASs 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 2 and DJI Phantom 3 UASs will remain 

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

2 and DJI Phantom 3 UASs do not reacquire control link data from the GCS, the UASs will 

assume that the Control Link is lost and the UASs 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 2 and DJI Phantom 3 UAS 

are set forth in the DJI Phantom 2 and DJI Phantom 3 User Manuals.

iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 and DJI 

Phantom 3 GCS and flight control software is provided in the User Manuals.

b. Flight Operations Of DJI Phantom 2 and Phantom 3 UASs Are Limited To The Line Of 

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

LAS VEGAS SKY CAM LLC will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 and DJI 

Phantom 3 UASs. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UASs Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, LAS VEGAS SKY CAM LLC proposes to commercially operate DJI 

Phantom 2 and DJI Phantom 3 UASs for the special purpose of conducting aerial video and 

Page 14 of 22
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 2 and DJI Phantom 3 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.

3. The UASs 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 UASs must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate.

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

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

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be 

able to communicate verbally at all times. Electronic messaging or texting is not permitted 

during flight operations. The PIC must be designated before the flight and cannot transfer his or 

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

functions prescribed in the operating documents.

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

other air traffic and other ground based obstacles/obstructions and is not permitted to operate 

the camera or other instruments.

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

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the procedures 

outlined in the operating documents, the conditions and limitations contained in the grant of 

exemption take precedence and must be followed. Otherwise, the operator must follow the 

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

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

updated and revised documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment to the grant 

of exemption. If the operator determines that any update or revision would affect the basis upon 

which the FAA granted the exemption, then the operator must petition for amendment to its 

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

arise regarding updates or revisions to the operating documents.

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

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft 

is prohibited from operating until the necessary maintenance has been performed and the UAS 

is found to be in a condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records.

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

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

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

records.

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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. § 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 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 

Page 16 of 22
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

26

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 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.

LAS VEGAS SKY CAM 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 DJI Phantom 

2 and Phantom 3 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 2 and Phantom 3

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers 

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

Considering LAS VEGAS SKY CAM LLC’s proposed area of operations, and the operating 

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

Page 17 of 22
requirements to those of commercial pilot requirements (See Exemption No. 11062); and the 

airmanship skills necessary to safely operate the DJI Phantom 2 and Phantom 3 UASs, LAS 

VEGAS SKY CAM LLC submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for LAS 

VEGAS SKY CAM 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, 11156, 11158, 11159, 11160, 11161).

LAS VEGAS SKY CAM LLC will not allow any PIC to operate the DJI Phantom 2 or the DJI 

Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 and DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 and DJI Phantom 3 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 LAS VEGAS SKY CAM LLC’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. 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 experiencebuilding 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, LAS VEGAS SKY CAM LLC will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by 

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

Page 18 of 22
able to safely operate the DJI Phantom 2 or DJI Phantom 3 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 Not 

Adversely Affect Safety.

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

every flight, LAS VEGAS SKY CAM LLC will ensure that the DJI Phantom 2 or DJI Phantom 3

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).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety.

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

altitude information of the DJI Phantom 2 Vision+ and DJI Phatom 3UASs will be provided to the 

PIC via GPS equipment and a radio communications telemetry data link, which downlinks from 

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

combined with LAS VEGAS SKY CAM LLC’s operation of the DJI Phantom 2 Phantom 3 UASs 

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 Phantom 2 and DJI 

Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of 

the proposed flight operations. Accordingly, LAS VEGAS SKY CAM LLC will ensure that it will 

safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 UASs 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.

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

Phantom 3 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 2 and DJI Phantom 3 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 2 and DJI Phantom 3 UASs 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 

Page 19 of 22
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, LAS VEGAS SKY CAM 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 

LAS VEGAS SKY CAM LLC 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 LAS VEGAS SKY CAM LLC Monthly Maintenance Log, 

and DJI Phantom 2 and Phantom 3 Instruction Manual). Furthermore, LAS VEGAS SKY CAM 

LLC y will document and maintain all maintenance records for the DJI Phantom 2 and Phantom 

3 UASs. Since the DJI Phantom and DJI Phantom 3 UASs will be inspected as prescribed by 

the operating documents, LAS VEGAS SKY CAM LLC will maintain the equivalent level of 

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2).

Likewise, the exemption sought will not adversely affect safety because LAS VEGAS SKY CAM 

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 Phantom 2 and 

Phantom 3 UASs 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 considered.

In consideration of LAS VEGAS SKY CAM LLC’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 2 and Phantom 3 UASs, LAS VEGAS 

SKY CAM 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 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, LAS VEGAS SKY CAM LLC requests that the 

FAA prescribe special conditions for the intended operation of the DJI Phantom 2 and DJI 

Phantom 3 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 §§ 61.113(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 UASs for 

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

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

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat 

to national security; and further, provides the authority for such UAS to operate without 

Page 20 of 22
airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special 

conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 and Phantom 3 

UASs, 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 Leading Edge’s intended operation of the DJI Phantom 2 

Phantom 3 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 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 LAS VEGAS SKY CAM LLC Seeks Exemption:

LAS VEGAS SKY CAM LLC seeks exemption from the requirements of 14 C.F.R Sections 

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

91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption LAS VEGAS SKY CAM LLC Seeks:

This exemption will permit LAS VEGAS SKY CAM LLC to commercially operate an Unmanned 

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

areas of the United States.

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

SKY CAM LLC’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, LAS VEGAS SKY CAM LLC’s 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, LAS VEGAS SKY CAM LLC will operate the DJI Phantom 2 and 

DJI Phantom 3 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.

CONCLUSION

As set forth herein, LAS VEGAS SKY CAM 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 Phantom 2 and DJI Phantom 3 UASs 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 

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

also advancing the interests of the public, by allowing LAS VEGAS SKY CAM LLC to safely, 

efficiently, and economically operate the DJI Phantom 2 and DJI Phantom 3UASs commercially 

within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of 2012, Section 333, LAS VEGAS SKY CAM LLC 

respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate 

the DJI Phantom 2 and DJI Phantom 3 UASs commercially for the purpose of conducting aerial 

video and photography over construction sites.

Dated: June 26, 2015

Respectfully submitted, 

Theodore J. Pretty

_________________________ 

Theodore J. Pretty

OWNER, LAS VEGAS SKY CAM LLC

80 BLAVEN

HENDERSON, NEVADA 89002

TEL: 702-321-3723

EMAIL: lasvegasskycam@yahoo.com

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