Mark Maggard 

DBA Skyview Aerial Photography LLC 

734 N. Stadium Drive 

Hobart, OK 73651 

Cell (580) 682-1210 

Email: mark_ maggard@sbcglobal.net 

l 

-. ~ I ' . -! II i "'-, l ~- ... 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE Washington, DC 20590 

December 1, 2015 

- I • .. j 

RE: Exemption Request Section 333 ofthe FAA Reform Act of2012 Attachments: 

1) Phantom 2 Vision+ User Manual V1.6 & 2) Phantom 3 Professional User Manual 

References: 

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 

in the matter of the petition of DOUGLAS TRUDEAU 

2) FAA Exemption No. 11136, Regulatory Docket No. F AA-2014-Q508 in 

the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption 

No. 11080 Regulatory Docket No. FAA20140355 

in the matter ofthe petition ofFLYING CAM INC 

4) FAA Exemption No. 11437 Regulatory Docket No. FAA20150221 

in the matter of the petition of MARCUS D MELHUS 

Dear FAA 

In accordance with the FAA's Guidelines for Submitting a Petition for Exemption under 

Section 333 of the FAA Modernization and Reform Act of 2012, I, Mark Maggard, dba 

Skyview Aerial Photography, LLC, referred to hereafter as the petitioner, request exemption 

from the following sections ofTitle 14, Code ofFederal Regulations§§ 

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 

(a)(1); 91.409(a)(2); 91.417(a) & (b); 

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated 

by the Federal Aviation Administration (FAA) for the purposes of aerial photography, 

cinematography, videography, and other flight operations that could be performed safely and 

more cost effectively with the use of small UAS at low altitude within the U.S. national airspace 

system as compared to a manned aircraft. Operations could also be utilized in support of local 

fire departments and related emergency service agencies, focusing on pre-incident planning and 

imaging that would form the basis for incident action plans in the event of a real emergency. 

Operations will be performed only at the request of and with the authorization and permission of 

clients (municipalities) or their authorized agents in order to improve incident pre-planning and 

raise awareness of the beneficial uses of small unmanned air systems for use within the fire 

service to improve their ability to respond in the event of a real incident. 

So long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. The conditions identified and 

proposed by the petitioner are drawn from references 1-3. 
Operations will be performed only at the request of and with the authorization and permission of 

clients (municipalities) or their authorized agents in order to improve incident pre-planning and 

raise awareness of the beneficial uses of small unmanned air systems for use within the fire 

service to improve their ability to respond in the event of a real incident. 

So long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. The conditions identified and 

proposed by the petitioner are drawn from references 1-3. 

TheFARs 

The petitioner seeks exemption from the above mentioned F ARs for the following 

reasons; 

61.113(a) & (b); 

The petitioner requests relief in order to facilitate the utilization of an experienced UAS 

operator with the addition of a trained observer. All pre-flight inspection, maintenance and flight 

logs will be saved and made available to the FAA and Secretary of Transportation (SoT) for 

review; with the purpose of safely integrating civil UAS operation in the National Airspace 

System. 

91.119(c) 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer 

than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential 

persons, or objects that would not be possible without additional relief. The petitioner requests 

modification, waiver or exemption and clarification concerning the terms "congested areas" and 

"densely populated". The petitioner requests waiver for this condition to allow reasonable and 

responsible operations in areas of subdivisions and neighborhoods if required. 

The petitioner will primarily operate the UAS between ground level and 200 feet. The UAS will 

be operated over designated properties with the consent of the local municipality or their 

designated agent and while maintaining a safe distance from persons. The petitioner will compile 

flight data from the logs. This data may assist the FAA in development of regulations for 

commercial operations in low-risk, controlled environments. 

91.121 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS 

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for 

altitude information. 

91.151(a) 

As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior 

relief has been granted for manned aircraft to operate at less than the prescribed minimums, 

including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has 

been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS 

provides battery power remaining in percent to the PIC. The UA batteries provide approximately 

20-25 minutes of powered flight. Information provided in the operating documents discusses 

procedures regarding remaining battery power management. Those documents contain a 

condition in which the PIC will initiate a landing procedure when battery remaining reaches a 

specified level. Given the limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR 
conditions was reasonable. 

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect 

and ensure that the UAS is in a condition for safe flight in accordance with the operating 

documents. The FAA found that adherence to the petitioner's operating documents and the 

conditions and limitations specified, describing the requirements for maintenance, inspection, 

and recordkeeping, were sufficient to ensure that safety would not be adversely affected. 

TheUAS 

The DJI Phantom 2 vision plus and Phantom 3 Professional is a highly successful 

consumer grade small rotorcraft in the quadcopter configuration with an advertised weight of 

less than 44 Ounces (1242g) designed primarily to carry aloft a high definition camera. It has an 

advertised maximum speed of less than 30 knots (15m/s) and a maximum climb rate ofless than 

1200 feet per minute (6 m/s).lt is powered by four electric motors with a distance between 

motors ofless than 14 inches (350mm). It utilizes an internal inertial measuring unit (IMU) with 

integrated barometric sensor augmented with global positioning system (GPS) to maintain its 

geospatial orientation and position. It is controlled primarily through an FCC certified radio 

control (RC) unit. Real time video and telemetry information is transmitted back to a ground 

control station allowing the operator and/or PIC to 111onitor battery level, GPS signal strength, 

altitude (AGL), distance from PIC, camera imagery, and cQntrol camera angle. It has failsafe 

modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard 

flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits 

flight times to approximately 20-25 minutes. The onboard flight controller will warn the pilot via 

telemetry and external lighting cues before reaching a low battery state. An automatic 

termination of flight and landing will be initiated wh~n the battery reaches a predetermined low 

state. It is anticipated that flights will usually last less than 12 minutes. More information is 

available in attachment I. 

Risk mitigation 

The petitioner has reviewed FAA exemptions reference's 1-3 Conditions and Limitations 

section and believes that the procedures specified therein are reasonable and will be utilized in 

order to manage and mitigate risk and ensure public safety. A preflight checklist will be 

developed and employed to ensure that the UA airworthiness will be verified before launch. 

Airworthiness will be maintained by performance of routine inspections before each flight, 

maintaining flight and maintenance logs to record time on failure prone components. These 

documents will be made available to the FAA and SoT to assist in future implementation of 

safety standards and regulations. The petitioner will only operate the UAS over designated 

properties with the clients consent. Flight plans will be predetermined to limit the UASs flight 

time and limit safety concerns. The petitioner will take into account distance from persons and 

potential flight obstacles prior to operating the UAS. UAS ~peration will always be within 

VLOS of the PIC and the observer. 

Public interest 
Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental 

impact as compared to similar operations conducted with manned aircraft of greater proportions, 

Using UAS to film as a low cost, compared to manned Aircraft costs. Having Creative and visual 

projects Using a 4 man team, observing~ spotting and relaying information back to the UAS 

Operator can gain so much good vs bad to the consumer, therefore showing the public that UAS 

use is safe and a good thing under the right guidelines and laws already set in place. Aerial 

surveying and inspections can increase planning efficiency, improve resource estimations, and 

reduce risks to personnel and property. The petitioner will provide clients with photographic data 

for these purposes on a 'for hlre' basis acting as an independent contractor and or L.L.C. A visual 

observer will be utilized. Flight data including UA flight time, Control Unit operation time, 

incident, accident, and details concerning any deviations from normal operations will be 

available to FAA for use in collecting data regarding the use ofUAS as part of this application. 

Thls data may be submitted to FAA via traditional means or other means as required. 

Conclusion 

The petitioner is requesting thls exemption for the purposes of "aerial photography, 

cinematography, videography, inspections and other flight operations". The reason for such a 

general and broad based request is that the petitioner wishes to provide services to the public to 

give back and show UAS Use is safe under guidelines already in place for safety and providing 

services for weddings and other artistic ways that video has ever been shot. Petitioner's business 

model is based on the idea of offering ad hoc small UAS services to clients who wish to employ 

these services as a safe, effective, and legal option to enhance their operations. By providing this 

service to multiple clients, the petitioner can ensure adherence to standards and protocols and can 

develop and refme generally applicable safety guidelines and processes. The petitioner has 

refrained from engaging in commercial use of the UAS. The primary purpose of seeking this 

exemption is to obtain the capability to offer those services whlle remaining in compliance with 

FAA regulations. 

Respectfully submitted 

Mark Maggard 

DBA Skyview Aerial Photography, LLC.