UNITED STATES OF AMERICA
 

DEPARTMENT OF TRANSPORTATION
 

FEDERAL AVIATION ADMINISTRATION
 

WASHINGTON, DC
 

Regulatory Docket No. FAAIN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

CLOUD NINE TECHNOLOGIES,
 

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 AND DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on July 1,2015 

Cloud Nine Technologies, LLC 

Debbie J. Branch 

P. O. Box 727 

Cleveland, OK 74020 

918-358-5025 

deranch33@aol.com 

1 
TABLE OF CONTENTS
 

Page 

GLOSSARY OF ABBREVIATIONS 3
 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CLOUD NINE
 

THE EXTENT OF RELIEF CLOUD NINE SEEKS AND THE REASON
 

THE REASONS WHY GRANTING CLOUD NINE'S REQUEST WOULD
 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT
 

SUMMARy 4
 

INTRODUCTION AND INTERSTS OF PETITIONER 4
 

BACKGROUND 5
 

BASIS FOR PETITION 5
 

NAME AND ADDRESS OF PETITIONER 8
 

SEEKS EXEMPTION 8
 

CLOUD NINE SEEKS THE RELIEF 11
 

BE IN THE PUBLIC INTEREST. 15
 

ADVERSELY AFFECT SAFETy 18
 

CONCLUSION 33
 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. 34
 

LIST OF EXHIBITS 35
 

2
 
AGL 

AOI 

ATC 

ATO 

AV 

CFR 

COA 

FAA 

FAR 

GCS 

GPS 

LOL 

NAS 

NOTAM 

PIC 

Section 333 

SO 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VTOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level 

Area of Interest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehic1e 

Code ofFederal Regulations 

Certificate ofAuthorization 

Federal Aviation Administration 

Federal Aviation Regulation 

Ground Control Station 

Global Positioning System 

Loss of Link 

National Airspace System 

Notice to Airman 

Pilot In Command 

FAA Modernization and Reform Act of2012 (FMRA) Section 333 

Safety Observer 

Standard Operating Procedures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff and Landing 

3
 
SUMMARY
 

Cloud Nine seeks exemption from the requirements of 14 CFR 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), to 

operate Unmanned Aircraft Systems (UAS) pursuant to Section 333 of the FAA Modernization 

and Reform Act of2012 (FMRA). This exemption will permit Cloud Nine to operate Unmanned 

Aircraft Systems for the commercial purpose of conducting aerial surveys and mapping for use in 

agriculture and rural real estate, and also allow the company to conduct inspections of 

infrastructure such as oil and gas pipeline right of ways, flare stacks and electric transmission 

structures and wires. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Cloud Nine Technologies, LLC (hereinafter referred to as "Cloud Nine" or "Operator") intends 

to provide its commercial clients with affordable high quality digital content relating to infrastructure 

inspection, aerial surveying and mapping, thermal imaging and aerial photography and video. Cloud 

Nine's targeted customer base and services are primarily rural based, aimed at meeting the needs of 

energy interests, rural real estate and agricultural concerns. Consequently most operations will be 

conducted in rural regions of the United States. 

In its operations, Cloud Nine intends to use the DJI Phantom 2 and the DJI Phantom 3, each 

weighing less than 6 pounds with imaging payload (see details in Exhibits A & B), both of which 

have been approved for use by the FAA in previous petitions for exemption from Section 333 

requirements (see Exemption Nos. 11860, Regulatory Docket No. FAA-2015-1127, 11867, 

Regulatory Docket No. FAA-2015-1098, and 11862, Regulatory Docket No. FAA-2015-0891, all 

issued June 23,2015). 

4 
BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 2 and DJI Phantom 3 

Cloud Nine seeks an exemption to operate DJI systems for compensation or hire within the 

NAS. The DJI Phantom 2 and DJI Phantom 3 (collectively referred to as the "DJI Phantom 2 and 3") 

are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station 

(GCS) utilizing Futaba D8FGS Transmitter for the Phantom 2 and an electronic tablet or smart phone 

system for the Phantom 3. The DJI Phantom 2 and 3 each have a maximum gross weight of less than 

three pounds (batteries included), while having a length of 16 inches width of 16 inches, height of 8 

inches, and a maximum speed of approximately 30 knots. The DJI Phantom 2 and 3 are equipped with 

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

The DJI Phantoms 2 and 3 that will be operated by Cloud Nine will be registered in accordance 

with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and 

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION 

Petitioner, Cloud Nine, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special 

Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially 

operate the DJI Phantom 2 and 3 in the National Airspace System (NAS), and for an 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 ofthe speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Cloud Nine's operation of the DJI Phantoms 2 and 3 

5 
meet the conditions ofFMRA Section 333 and therefore, do not require an airworthiness certificate in 

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

Accordingly, Cloud Nine requests relieffrom 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. 

Cloud Nine submits that the requested relief is proper since an equivalent level of safety will 

always be ensured through adherence to the practices set forth in the Cloud Nine Operations Manual 

(see Exhibit D). Cloud Nine will use licensed technicians or the manufacturer's service centers to 

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

techniques, and practices prescribed in the operating documents attached hereto as Exhibits A, B, C 

and D (i.e., the DJI Phantom 2 and DJI Phantom 3 Instruction Manuals, the Monthly Maintenance Log 

and the Cloud Nine Operations Manual). Furthermore, Cloud Nine will document and maintain all 

maintenance records for the DJI Phantoms 2 and 3. 

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

and limitations: Pilot in command, is requested by Cloud Nine to the extent necessary to allow a Pilot 

in Command (PIC) holding at a minimum a sport or recreational pilot certificate, and a valid V. S. 

drivers license and who has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate either the DJI Phantom 2 and 3 in a manner 

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

appropriate distances from people, vessels, vehicles and structures. 

Cloud Nine seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the 

DJI Phantom 2 and 3 do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. As such, Cloud Nine submits that it will ensure that the DJI Phantoms 2 and 3 are in an 

airworthy condition prior to every flight, by determining that the VAS's are in compliance with the 

6 
operating documents (i.e., Monthly, and DJI Phantom 2 and 3 Instruction Manuals and the Cloud Nine 

Operations Manual), and that each aircraft is in condition for safe flight. 

Cloud Nine also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantoms 2 and 3 do not have typical barometric altimeters onboard. 

However, altitude information of the DJI Phantoms 2 and 3will be provided to the PIC via Global 

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

from the VA to the GCS for active monitoring ofthe flight path. This altitude information, combined 

with Cloud Nine's operation ofthe DJI Phantoms 2 and 3within visual line ofsight, at or below 400 

feet AGL, will ensure a level of safety equivalent to Section 91.121 and our additional safety 

requirements as outlined in Exhibit D. 

Additionally, Cloud Nine seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirementsforflight in VFR conditions. Cloud Nine submits that safety will not be 

affected by operation of the DJI Phantoms 2 and 3 during daylight hours in visual meteorological 

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration 

of approximately 15 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 5 minutes. 

In accordance with 14 C.F.R. § 11.81, Cloud Nine provides the following information in 

support of its petition for exemption: 

7 
A. Name and Address of the Petitioner.
 

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

Cloud Nine Technologies, LLC 

Physical Address: Mailing Address: 

Debbie J. Branch Debbie J. Branch 

50000 South 36000 Road P. O. Box 727 

Pawnee, OK 74058 Cleveland, OK 74020 

Email: deranch33@aol.com 

B. The Specific Sections of 14 C.F.R. From Which Cloud Nine Seeks Exemption. 

1. Cloud Nine 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) 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. 

2. Cloud Nine Seeks Exemption From The Requirements Of Section 91.7(a). 

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

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

3. Cloud Nine Seeks Exemption From The Requirements Of Section 91.121. 

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

8
 
(a) Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat 

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 ofthe aircraft; 

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

the current reported altimeter setting of an appropriate available station; or 

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

airport or an appropriate altimeter setting available before departure. 

4. Cloud Nine Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirementsforflight in VFR conditions, subsection (b), 

states the following: 

(b) No person may begin aflight in a rotorcraft under VFR conditions unless 

(considering wind andforecast weather conditions) there is enough fuel to fly to the 

first point ofintended landing and, assuming normal cruising speed, tofly after that for 

at least 20 minutes. 

5. Cloud Nine 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) ofthis section, have 

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

6. Cloud Nine 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: 

9
 
(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. Cloud Nine 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) ofthis 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 ofthis chapter and has 

been approved for return to service by a person authorized by § 43.7 ofthis 

chapter; or 

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

with part 21 ofthis chapter. 

8. Cloud Nine 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) ofthis section: 

(1) Records ofthe maintenance, preventive maintenance, and alteration and 

records ofthe 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) ofthe 

work performed; and 

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

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

for return to service. 

10
 
(2) Records containing the following information: 

(i) The total time in service ofthe 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 ofall 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 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. Ifthe AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies ofthe forms prescribed by § 43.9(d) ofthis 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) ofthis 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 is sold. 

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

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service. 

C. The Extent Of Relief Cloud Nine Seeks And The Reason Cloud Nine Seeks The Relief. 

1. Extent Of Relief Cloud Nine Seeks And The Reason Cloud Nine Seeks Relief From 

Section 61.1l3(a) And (b). 

11 
Relieffrom Section 61.1 13(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding at a 

minimum a sport or recreational pilot certificate, and a valid U. S. drivers license, 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. 

This relief is requested since thelimitations set forth in Section 61.1 13(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, Cloud Nine submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate either the DJI Phantom 2 or 3 that does not hold 

either an airline transport, commercial, private, recreational or sport pilot certificate. The PIC shall 

also hold either a current FAA airman medical certificate or a valid U.S. driver's license. In addition 

all flights must full under the safety guidelines of Exhibit D, which will be updated as new FAA 

guidelines take place. 

Further, Cloud Nine submits that all flights of the DJI Phantom 2 and 3, conducted by the PIC 

pursuant to the grant ofthis Petition: (1) will be incidental to Cloud Nine business; and (2) will not 

carry passengers, packages or property for compensation or hire. 

12 
2. Extent Of Relief Cloud Nine Seeks And The Reason Cloud Nine 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 Cloud Nine to determine that the DJI Phantom 2 and 3 are in airworthy condition 

prior to every flight by ensuring that the VAS is in compliance with the operating documents (i.e., 

the Cloud Nine Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3 

Instruction Manuals. 

Cloud Nine seeks the requested relief because the DJI Phantom 2 and 3 do not require an 

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

will ensure that the DJI Phantom 2 and 3 are in airworthy condition based upon its compliance 

with the operating documents (i.e., the Cloud Nine Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 2 and 3 Instruction Manuals) prior to every flight, and further, determine 

that the aircraft are in condition for safe flight, as stated in the conditions and limitations stated 

below. 

3. Extent Of Relief Cloud Nine Seeks And The Reason Cloud Nine Seeks Relief 

From Section 91.121. 

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

operations ofthe DJI Phantom 2 and 3, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information from 

the VA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude 

information concerning VAS operations be reported to air traffic control (ATC) in feet above 

ground level (AGL), Cloud Nine seeks the requested relief because the DJI Phantom 2 and 3's 

altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or 

field altitude, before each flight. 

13 
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 ofsafety will be maintained since the DJI Phantom 2 

and 3 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 ofthe GCS. 

4. Extent of Relief Cloud Nine Seeks and the Reason Cloud Nine Seeks Relief from 

Section 91.151(b) 

Relieffrom 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 3 during 

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

(VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 5 minutes. Cloud Nine seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI 

Phantom 2 and 3 will severely constrain the practicality of any aerial video or still photo flight 

operations that Cloud Nine proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications ofthe DJI Phantom 2 and 3, the 

DJI Phantom 2 and 3 operating documents, and Cloud Nine's proposed operating limitations as set 

forth in its Operations Manual (Exhibit D) , ensure that Cloud Nine will safely operate the battery 

powered DJI Phantom 2 and 3 during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. 

14
 
5. Extent Of Relief Cloud Nine Seeks And The Reason Cloud Nine 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)(l) & (a)(2), and 91.417(a) & (b) only apply 

to aircraft with an airworthiness certificate, Cloud Nine requests relieffrom these Sections because the 

DJI Phantoms 2 and 3 do not require airworthiness certificates. As set forth more fully below, the DJI 

Phantoms 2 and 3 meet the conditions ofFMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, Cloud Nine will use trained technicians and personnel 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 Cloud Nine Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 2 and 3 Instruction Manuals). Furthermore, 

Cloud Nine will document and maintain all maintenance records for the DJI Phantoms 2 and 3. 

D. The Reasons Why Granting Cloud Nine's Request Would be in the Public 

Interest and Why It Would Benefit the Public as a Whole 

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

The DJI Phantom 2 and 3 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 ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 

DJI Phantom 2 and 3 would reduce the amount ofmanned 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 3 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. 

15 
2.	 The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 and 

3 

Conducting aerial activity with the DJI Phantom 2 and 3, 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 3 produce no air pollution, and are a viable environmentally conscious 

alternative to aircraft that are typically utilized for aerial video and photography, possessing a six 

cylinder internal combustion engine that bums approximately 20 to 30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 2 and 3, while reducing the carbon footprint of aerial acquisitions, 

also eliminates noise pollution, as the UAs are propelled by battery electric motors, rather than an 

internal combustion engine. 

By using the DJI Phantom 2 and 3 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 offlight crew 

members located onboard the aircraft, the DJI Phantom 2 and 3 (each 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). 

3. Performing Aerial Video and Photography Operations with the DJI Phantom 2 

and 3 Will Benefit the Economy 

In addition to being safe and efficient, the DJI Phantom 2 and 3 are both an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI 

16 
Phantom 2 and 3 will allow all U.S. based companies, like Cloud Nine, 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 3 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 3, companies such as Cloud Nine, 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 ofU. S. 

companies, through commercial use of the DJI Phantom 2 and 3 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, Cloud Nine's proposed operation of the DJI Phantom 2 and 3 will not implicate any privacy 

issues. Specifically, the DJI Phantom 2 and 3 will be operated only in compliance with operating 

documents (i.e., the Cloud Nine Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 2 and 3 Instruction Manuals) which require 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 CFR 91.119. 

17 
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 Cloud Nine Seeks Exemption. 

1. Reasons Why the DJI Phantoms 2 and 3 Meet the Conditions of The FAA 

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

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

unmanned aircraft and its operation, Cloud Nine's operation ofthe DJI Phantom 2 and 3 meets the 

conditions ofFMRA 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 VAS to operate without airworthiness certification and 

sets forth requirements for considering whether a VAS will create a hazard to users ofthe NAS or the 

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part: 

(a) In General.s-Notwithstanding any other requirement ofthis subtitle, and not later than 

180 days after the date ofenactment ofthis Act, the Secretary ofTransportation shall 

determine ifcertain unmanned aircraft systems may operate safely in the national airspace 

system before completion ofthe plan and rulemaking required by section 332 ofthis Act or the 

guidance required by Section 334 ofthis Act. 

(b) Assessment ofUnmanned Aircraft Systems.-- In making the determination under 

subsection (a), the Secretary shall determine, at a minimum -­

(1) which types ofunmanned aircraft systems, ifany as a result oftheir size, weight, 

speed, operational capability, proximity to airports andpopulated areas, and 

operation within visual line ofsight do not create a hazard to users ofthe national 

airspace systems or the public or pose a threat to national security; and 

(2) whether a certificate ofwaiver, certificate ofauthorization, or airworthiness 

certification under section 44704 oftitle 49, United States Code, is requiredfor the 

operation ofunmanned aircraft systems identified under paragraph (1). 

(c) Requirements Safe Operation.--Ifthe Secretary determines under this section that certain 

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

shall establish requirementsfor the safe operation ofsuch aircraft systems in the national 

airspace system. 

18 
In seeking this exemption, Cloud Nine submits that the 011 Phantom 2 and 3 can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe 011 

Phantom 2 and 3; (b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 2 and 3 Demonstrate Safe Characteristics. 

The 011 Phantom 2 and 3 do not create a hazard to users ofthe NAS or the public, or otherwise 

pose a threat to national security considering the size, weight, speed, and operational capability of 

each. 

i. Technical Specifications Of The DJI Phantoms 2 and 3. 

The technical specifications ofthe 011 Phantom 2 are found at page 35 ofthe Phantom 2 User's 

Manual (Exhibit A) and for the Phantom 3 at pages 53 -55 ofthe Phantom 3 User's Manual (Exhibit B). 

ii. The DJI Phantoms 2 and 3 Autonomous Flight And Navigation Modes Enable 

The VAS To Remain Within A Defined Operational Area. 

The 011 Phantoms 2 and 3 may be operated in both manual and fully autonomous flight modes. 

A complete description ofthe flight and navigational modes ofthe OJI Phantom 2 is provided at pages 

24-30 ofthe OJI Phantom 2 User Manual and at pages 40-46 ofthe OJI Phantom 3 User Manual, both 

attached hereto as Exhibits A & B. 

iii. The DJI Phantom 2 and 3 Are Designed for Automatic Return to Home 

Point or Hove in the Event of Loss of the Control Link or Navigation. 

When the Control Link is lost, the OJI Phantom 2 and 3 will remain stationary in flight, for 3 

seconds or more. If, after 3 seconds, the OJI Phantom 2 and 3 do not reacquire control link data from 

the GCS, the UA will assume that the Control Link is lost and return to the home position (i.e., failsafe 

mode) via GPS and will descend to the takeoff position and shutdown. 

19 
A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 is set forth at page 25 of 

the DJI Phantom 2 User Manual (Exhibit A) and at page 14 ofthe DJI Phantom 3 User Manual (Exhibit 

B). 

iv. The DJI Phantom 2 and 3 and their Operation. 

A complete description ofthe operation and specifications ofthe DJI Phantom 2 flight control 

software is provided at pages 31- 34 ofthe DJI Phantom 2 User Manual (Exhibit A) and at pages 35 

through 38(DJI Pilot App) of the DJI Phantom 3 User Manual (Exhibit B). 

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

Certificated Pilot in Command With A Safety Observer. 

Cloud Nine will only utilize certificated pilots who possess at a minimum a sport or 

recreational pilot certificate and a valid U. S. drivers license and who have demonstrated, by meeting 

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

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

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

Additionally, a safety observer will assist all pilots during flight time. And the guidelines exhibited in 

D, will be followed at all-times ensuring the safety of all involved. 

c. Flights of DJI Phantom 2 and 3 Will be Conducted Pursuant to Specific Operating 

Limitations. 

In seeking this exemption, Cloud Nine proposes to commercially operate DJI Phantom 2 and 3 

for the special purpose of conducting aerial video and photography, over certain rural areas of the 

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. Proposed operations of any 

20 
other aircraft will require a new petition or a petition to amend this grant. 

2. VAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography. 

3. The VAs may not be flown at an indicated airspeed exceeding 30 knots (approximately 34.5 

miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to 

determine compliance with the 30 knot speed restriction. In no case will the VA be 

operated at airspeeds greater than the maximum VA operating airspeed recommended 

by the aircraft manufacturer. 

4. The VA must be operated at an altitude ofno 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 VAs must be operated within visual line ofsight (VLOS) ofthe 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. 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 ofthe flight. The PIC must ensure that the 

SO can perform the functions prescribed in the operating documents. 

7. 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. 

8. The operating documents and the grant of exemption must be accessible during VAS 

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 VAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 

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

flight. Ifthe inspection reveals a condition that affects the safe operation ofthe VAS, the 

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

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

21 
included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

10. 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 prior to conducting further operations. The PIC who conducts the 

functional test flight must remain at least 500 feet from other people. The functional test 

flight must be conducted in such a manner so as to not pose an undue hazard to persons and 

property. 

11. 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. 

12. The operator must follow the UAS manufacturer's aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

13. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents (Operating Manual, Exhibit D, 

Appendix B). Maintenance, inspection, alterations, and status of replacement!overhaul 

component parts must be noted in the aircraft records, including total time in service, 

description ofwork accomplished, and the signature ofthe authorized person returning the 

UAS to service. 

14. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

15. The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

16. The PIC must possess at least an airline transport, commercial, private, recreational or 

sport pilot certificate. The PIC must also hold a current FAA airman medical certificate 

or a valid U.S. drivers license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR Section 61.56 in an aircraft in which the PIC is rated on his 

or her pilot certificate. 

17. 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. Section 61.51(b). Flights for the purposes oftraining the operator's PICs are 

permitted under the terms ofthe exemption. However, training operations mayonly 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 VA with appropriate distance from 

nonparticipants in accordance with 14 C.F.R. Section 91.119. 

22 
18. VAS operations may not be conducted during night, as defined in 14 C.F.R. Sec.19.1. 

All operations must be conducted under visual meteorological conditions (VMC). If flight at 

night is required, a special request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not authorized. 

19. The VA may not operate with 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA AirportlFacility Directory (AFD) or for airports not denoted with 

an ARP, the cent ofthe airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport's management is obtained or otherwise 

permitted by a COA issued to the exemption holder. The letter of agreement with the airport 

management must be made available to the Administrator or any law enforcement official 

upon request. 

20. The VA may not be operated less than 400 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

21. If the VA 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. 

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power for the VA to conduct the intended operation and 

to operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater. 

24. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. If the exemption 

holder wishes to conduct operations that cannot be conducted under the terms of the 

ATO-issued COA, it will be apply for a new or amended COA. 

25. 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. 

26. The documents used by the operator to ensure the safe operation and flight of the VAS 

and any documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the VAS any time the VAS is operating. These 

documents must be made available to the administrator or any law enforcement official upon 

request. 

27. The Operator shall abide and enforce the safety checklists contained in 

Appendix A to the Operating Manual (see Exhibit D to this Petition) to insure that safety 

23 
for everyone is provided in and near the site. 

28. The VA must remain clear and yield the right ofway to all manned aviation operations and 

activities at all times. 

29. The VAS may not be operated by the PIC from any moving device or vehicle. 

30. 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 VA 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 VA, 

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 ofthe 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). 

31. 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. 

32. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries ofthe operational area as defined by the applicable COA must be reported to the 

FAA's VAS 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. 

.[REST OF PAGE INTENTIONALLY LEFT BLANK] 

24 
2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

and (b) Would Not Adversely Affect Safety. 

Cloud Nine 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 3 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 3 in a manner consistent with the exemption, including evasive 

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

structures. 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers and cargo, the DJI Phantom 2 and 3 are 

remotely controlled with no passengers of property of others on board. Section 61.113(a) 

requires an individual with a commercial pilot's license to be pilot in command of an aircraft for 

compensation or hire. Here, Cloud Nine would point out that the Phantom 2 and 3 both possess a 

high degree ofpre-programmed control and various built-in technical capabilities that strictly limit 

the potential for operation outside ofthe operating conditions set forth in this exemption 

application. 

The Phantom 2 and 3 possess software platforms with advanced features previously 

restricted to full size unmanned aircraft. Automated features and advanced fly safe controls 

enable safe, reliable operation, as well as advance networking capabilities and system 

extensibility. 

1. Plan your flight or fly ad hoc. The system can autonomously fly a programmed flight 

path or fly in manual mode. 

2. Smart batteries and charger. Flight time and battery minutes are displayed at all times. 

The system will return home and land automatically if user configurable limits are reached. 

Flight safety is a priority, regardless of the operating environment or project. The DJI 

Phantom 2 and 3 offer superior safety over manned aircraft by removing the need for people 

25 
onboard in potentially dangerous situations. With multiple built-in features, the DJI Phantom 2 

and 3 ensure a high level of safety. Safety features include: 

1. Intelligent fault handling: They system automatically detects potential issues ­

with configurable automated response behavior such as a return-home-and-land routine. 

2. Automatic pre-flight checks: The system self-calibrates all of its sensors and 

performs self-tests prior to takeoff to check for errors. 

3. No fly zones: The system has the ability to set up visual no fly zones and installed no 

fly zones. 

4. Self monitoring: Monitoring battery levels, in-flight speeds, and other system and 

environmental conditions are automatically handled by the system. 

5. Battery communication: Battery minutes and flight time are displayed at all times. 

The system will return home and land automatically if user configured limits are reached. 

Additional automated safety functions and safety enhancing features ofthe DJI Phantom 2 

and 3 include the following: 

1. Auto detection of lost GPS warns the pilot and initiates an immediate landing. 

2. Low battery on the DJI Phantom 2 & 3 triggers a non-fatal warning alarm to return 

home, land and replace the battery. 

3. Very low battery on the DJI Phantom 2 & 3 triggers a fatal error alarm and initiates 

emergency high speed descent landing. 

4. If the DJI Phantom 2 & 3 detect a lost link to the base station the vehicles will perform 

a pre-defined nonfatal condition response. 

Given these safety features, Cloud Nine proposes that the operators of the DJI Phantom 2 

& 3 should not be required to hold a commercial or private pilot certification. Instead, operators 

should be required to: 

1. Possess at a minimum a sports or recreational pilot's certificate and a valid U.S. driver's 

license per current FAA requirements, and 

2. Have completed a training program for the operation of the Phantom 2 & 3, and 

3. Completed Cloud Nine's training and safety program which adheres to the procedures 

set forth in its Operating Manual (see Exhibit D). 

49 USC Section 4470 1(f) gives the FAA statutory authority to waive the pilot requirements 

for commercial operations. Cloud Nine further notes that UAS operators possessing proper 

qualifications and operating pursuant to public COAs where the mandatory operating conditions 

26 
specified above were present have been permitted by the FAA to operate their UAS. See Federal 

Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational 

Approval, at 20-21 (July 30, 2013). 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation ofthe DJI Phantom 2 & 3 without a private pilot's license or a commercial 

pilot's certificate under the conditions set forth herein. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

Cloud Nine adheres to a set ofrules that follow best practices and that meet or exceed current 

FAA requirements and guidelines. These rules and procedures can be found in the Cloud Nine 

Operations Manual attached hereto as Exhibit D. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to VAS, 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). 

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

prior to every flight, plus Cloud Nine also requires the safety checklist contained in its Operating 

Manual (see Exhibit D) that ensures that the DJI Phantom 2 and 3 are in an airworthy condition 

based upon the UAS's compliance with its operating documents and as stated in the conditions and 

limitations herein. 

Accordingly, Cloud Nine will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 2 or 3 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 or 3 in a manner 

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

27 
appropriate distances from people, vessels, vehicles and structures. 

4. Reasons Why An Exemption From the Requirements of Section 91.121 Would 

Not Adversely Affect Safety. 

As demonstrated in Exhibit D, Cloud Nine adheres to an established set of rules. We 

believe these rules observe and exceed current FAA guidelines. Therefore, the equivalent level of 

safety established by Section 91.121 will be maintained because the altitude information ofthe DJI 

Phantom 2 and 3 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 ofthe flight path and 

altitude. This altitude information, combined with Cloud Nine's operation ofthe DJI Phantom 2 and 3 

within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety 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 relieffrom 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 ofthis 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 ofthe DJI Phantom 2 and 3; (2) the 

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

Accordingly, Cloud Nine will ensure that it will safely operate the battery powered DJI Phantom 2 and 

3 during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 

28 
minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for 

at least 5 minutes. 

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

2 and 3; the limitations on the proposed flight operations, and the location ofthe 

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 3 provide audible.. and 

visual warnings to the PIC at the GCS when the VAs 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 DJ! Phantom and 3will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA concerning Section91.151 establish 

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

VAS are considered. Reliefhas 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 VAS, 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, Cloud Nine submits that the equivalent level ofsafety 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 Cloud Nine will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the VAS using 

29 
the methods, techniques, and practices prescribed in the operating documents (i.e., the Cloud Nine 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). 

Furthermore, Cloud Nine will document and maintain all maintenance records for the DJI Phantom 2 

and 3. 

Since the DJI Phantom 2 and 3 will be inspected as prescribed by the operating documents, 

Cloud Nine will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 2 and 3 User Manuals are attached 

hereto as Exhibits A and B; a copy ofthe DJI Phantom 2 and 3 Maintenance Log is attached hereto as 

Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because Cloud Nine 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 ofthe DJI Phantom 2 and 3 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 ofthe UAS are considered. 

In consideration of Cloud Nine's proposed operating limitations, the operating documents, and 

the technical aspects ofthe DJI Phantom 2 and 3, Cloud Nine 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). 

30 
The FAA has previously granted reliefspecific 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). In addition Cloud Nine flies only under an established set of procedures which can be found 

in the Cloud Nine Operations Manual (Exhibit D), which insure the safest operation under any foreseen 

circumstance. 

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

In accordance with Section 333 of the FAA Modernization and Reform Act of2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Cloud Nine requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 2 and 3, 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). 

Such special conditions will permit safe operation of the UAs for the limited purpose of 

conducting aerial video and photography over certain areas ofthe United States for compensation 

or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create 

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

further, provides the authority for such UAS to operate without airworthiness certification in 

accordance with any requirements that must be established for the safe operation ofthe UAS in the 

NAS. 

31
 
Likewise, Administrator may prescribe special conditions pursuant to 14 C.F.R.§ 21.16, for 

operation ofthe DJI Phantom 2 and 3, 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 ofthe 

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

Ifthe 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 ofthe 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 ofthis 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 Cloud Nine's intended operation ofthe DJI Phantom 2 and 3, 

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), and 

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

From Which Cloud Nine Seeks Exemption: 

Cloud Nine seeks exemptionfrom the requirements of14 CFR Sections 61.113(a)&(b), 

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

& (b). 

A Brief Description Of The Nature Of The Exemption Cloud Nine Seeks: 

This exemption will permit Cloud Nine to commercially operate an Unmanned Aircraft 

System (VAS) for the purpose ofconducting aerial video andphotography over certain 

areas ofthe United States. 

32 
G.	 Any Additional Information, Views, Or Arguments Available To Support Cloud Nine's 

Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of201 2(FMRA) 

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

operate safely in the NAS. As such, Cloud Nine's request for exemption may be granted pursuant 

to the authority ofFMRA 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 ofthe 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, Cloud Nine will operate the DJI Phantom 2 and 3safely in the 

NAS, without creating a hazard to users ofthe NAS, or the public or otherwise pose a threat to 

national security. 

CONCLUSION 

As set forth herein, Cloud Nine Energy Link, LLC seeks an exemption pursuant to 14 

C.F.R. Section 11.61 and Section 333 ofthe FAA Modernization and Reform Act of20l2 

(FMRA), which will permit safe operation ofthe DJI Phantom 2 and 3 commercially, without an 

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

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

fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of20l2, while, 

also advancing the interests ofthe public, by allowing Cloud Nine to safely, efficiently and 

economically operate the DJI Phantom 2 and 3 commercially within the NAS. 

33 
WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of2012, Section 333, Cloud Nine Energy Link, LLC 

respectfully requests that the Administrator grant this Petition for an 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), and permit Cloud Nine to operate the DJI Phantom 2 

and 3 commercially for the purpose ofconducting aerial video and photography over certain areas 

ofthe United States. 

Dated: July 1, 2015 

Respectfully submitted, 

Debbie J. Branch 

Debbie 

~~L J. Bran h 

Cloud Nine Technologies, LLC 

P. O. Box 727 

Cleveland, OK 74020 

Tel: 918-358-5025 

Email: .deranch33@aol.com 

34 
Exhibits: 

A - DJI Phantom 2 Manufacturer's User Manual 

B - DJI Phantom 3 Manufacturer's User Manual 

C - Monthly Maintenance Log 

D - Cloud Nine Operations Manual 

35 
EXHIBIT A
 

DJI Phantom 2 Manufacturer's User Manual
 

See separate document attached to docket 

36
 
EXHIBITB
 

Dfl Phantom 3 Manufacturer's User Manual
 

see separate document attached to docket 

37
 
----

---

EXHIBITC 

Monthly Maintenance Log 

Month


Year
 

MAINTENANCE L.OG 

t- ._+-~--+--~---4-----_i.-_--+------

38
 
EXHIBITD 

Cloud Nine Operations Manual 

See separate document attached to docket \ I 

! 

39