Mark Maggard DBA Skyview Aerial Photography LLC 734 N. Stadium Drive Hobart, OK 73651 Cell (580) 682-1210 Email: mark_ maggard@sbcglobal.net l



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U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 December 1, 2015

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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 ExemptionNo. 11138, Regulatory Docket No. FAA20140481 in the matter ofthe petition ofDOUGLAS TRUDEAU 2) FAAExemptionNo. 11136, Regulatory DocketNo. FAA-2014-Q508 in the matter ofthe petition ofADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory DocketNo. FAA20140355 inthe matter ofthe petition ofFLYING CAM INC 4) FAA Exemption No. 11437 Regulatory DocketNo. FAA20150221 in the matter ofthe petition ofMARCUS D MELHUS



### DearFAA In accordance with the FAA's Guidelines for Submittinga Petition for Exemption under Section 333 ofthe FAA Modernization and ReformAct of2012, 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 ofaerial photography, cinematography, videography, and other flight operations that could be performed safely and

more cost effectively with the use ofsmall UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Operations could also be utilized in support oflocal fire departments and related emergency service agencies, focusing onpre-incident planning and imaging that would form the basis for incident action plans in the event ofa real emergency. Operations will be performed only at the request ofand with the authorization and permission of clients (municipalities) ortheir authorized agents inorder to improve incident pre-planning and raise awareness ofthe beneficial uses ofsmall unmanned air systems for use withinthe fire service to improve their ability to respond in the event ofa real incident. So long as such operations are conducted within and underthe conditions outlined herein oras 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 ofand with the authorization and permission of clients (municipalities) ortheir authorized agents in orderto improve incident pre-planning and raise awareness ofthe beneficial uses ofsmall unmanned air systems for use withinthe fire service to improve their abilityto respond in the event ofa 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 FARs for the following
reasons; 

### 61.113(a) & 

### (b); The petitionerrequests reliefin orderto facilitate the utilization ofan experienced UAS operator withthe addition ofa trained observer. All pre-flight inspection, maintenance and flight logs will be saved and made available to the FAA and Secretary ofTransportation (SoT) for review; with the purpose ofsafely 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 closerthan 500 feet to essential persons, orobjects that would not be possible without additional relief. The petitioner requests modification, waiver orexemption and clarification concerning the terms "congested areas" and "denselypopulated". The petitionerrequests waiver for this conditionto allowreasonable and responsible operations in areas ofsubdivisions and neighborhoods ifrequired. The petitioner will primarily operate the UAS between ground level and 200 feet. The UAS will be operated over designatedproperties with the consent ofthe local municipality ortheir 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 ofregulations 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 reliefhas been granted for manned aircraft to operate at less thanthe prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific reliefhas been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery powerremaining inpercent to the PIC. The UA batteries provide approximately 20-25 minutes ofpowered 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 onproposed operations and the location ofthose proposed operations, The FAA found that a reduced minimum power reserve for flight in daytime VFRconditions 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 petitionerproposes 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 inthe quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) designed primarily to carry aloft a high definition camera. Ithas an advertised maximum speed ofless than 30 knots (15m/s) and a maximum climb rate oflessthan 1200 feet perminute (6 m/s).lt is powered by four electric motors with a distance between motors oflessthan 14 inches (350mm). Itutilizes aninternal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. Itis 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 111onitorbattery level, GPS signal strength, altitude (AGL), distance from PIC, cameraimagery, and cQntrol camera angle. Ithas failsafe modes ofoperation for either loss ofRC or GPS signal. Altitude canbe limited by the onboard flight controller and maximum altitude can be preprogrammedbythe 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 offlight and landing will be initiated

**wh~n** the battery reaches a predetermined low state. Itis 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 orderto 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 byperformance ofroutine inspections before each flight, maintaining flight and maintenance logs to record time onfailure 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 limitthe 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 ofthe PIC and the observer.


### Public interestUse ofthe UAS in lieu ofa manned aircraft would enhance safety andreducethe environmental impact as comparedto similar operations conducted with manned aircraft ofgreaterproportions, Using UAS to 

### film as a low cost, compared to mannedAircraftcosts. Having Creative and visual projects Using a 4 man team,**observing~** spotting and relaying information backto the UAS Operator can gain so much good vs badto the consumer, therefore showing the public that UAS

use is safe and a goodthingundertheright guidelines and laws already set inplace. Aerial surveying and inspections can increase planning efficiency, improve resource estimations, and reduce risks to personnel andproperty. The petitioner will provide clients withphotographic data for these purposes on a 'forhlre' basis acting as an independent contractor and orL.L.C. A visual observer will be utilized. Flightdata 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 collectingdataregardingthe use ofUAS as partofthis application. Thls data maybe submitted to FAAviatraditional means or other means as required.



### Conclusion The petitioner is requesting thls exemption for the purposes of"aerial photography, cinematography, videography, inspections and otherflight operations". Thereason for such a general andbroad basedrequestisthatthe petitioner wishes to provide services to the public to give back and showUAS Use is safe under guidelines already inplace for safety and providing services for weddings and other artistic ways that video has everbeen shot. Petitioner's business model isbased onthe idea ofoffering ad hoc small UAS services to clients who wishto employ these services as a safe, effective, and legal option to enhance theiroperations. Byprovidingthis service to multiple clients, the petitioner can ensure adherence to standards and protocols and can develop and refme generally applicable safety guidelines andprocesses. Thepetitionerhas refrained from engaging in commercial use ofthe UAS. The primarypurpose ofseeking this exemption is to obtainthe capabilityto offerthose services whlle remaining in compliance with FAA regulations.

Respectfully submitted

MarkMaggard DBA Skyview Aerial Photography, LLC.