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SkySource, LLC

Adrienne Krunich

26522 Isabella Pkwy

Santa Clarita, CA 91351

(816) 522-5674

adriennekrunich@gmail.com

June 6, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave

SE Washington DC 20590

Subject: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. Part 21,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 

11, SkySource hereafter referred to as "Petitioner" would like to apply for an exemption from the 

following Code of Federal Regulations (C.F.R) to be allowed commercial operation of 

lightweight Unmanned Aircraft Systems (UAS) for aerial imaging and video and inspections

primarily in the Southern California Area.

SkySource requests relief from the following Regulations:

14 CFR Part 21, Subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a and b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109 

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 

14 CFR 91.203 

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a) 

14 CFR 91.417 (a and b)

SkySource’s scope of operations may include the following:

Event Photography and Videography

Real Estate Photography and Videography

Aerial Filmmaking and Photography

Agricultural Inspections
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General Photogrammetry

Aerial Surveying/Mapping of Construction Sites

Equipment to be Used

The UAS that SkySource will principally operate is the DJI Phantom 3. This UAS consists of an 

unmanned quad-copter, high definition camera, 3 access gimbal, and a mobile ground station 

which includes the flight controller and a paired mobile device. The DJI Phantom 3 weighs 1280 

grams, and its diagonal length is 590 mm. Four independent electric motors turn the fixed pitch 

rotors and are powered by a single Lithium Polymer battery. The DJI Phantom 3 is a commercial 

off the shelf product currently in use by many other companies operating UAVs commercially 

under their recently approved 333 exemptions.

Some relevant safety Features of the Phantom 3 include Auto Take Off/Landing, Return to 

Home, Fail Safe Intelligent Flight Battery and Vision Positioning System. In addition to these 

safety features, the Intelligent Orientation Control modes allow more precise control over the 

aircraft and include Home Lock and Course Lock features, leading to even more predictable and 

plannable flights. Home lock allows the UAV to return to an established home point by simple 

activation on the controller. The control lock is an auto-pilot type course feature. The vision 

positioning system allows the aircraft to hover accurately in place even if GPS is unavailable, 

making it safer and more stable. Return to Home (Smart RTH, Low Battery RTH, and Failsafe 

RTH). Smart RTH allows the aircraft, at the touch of a button, to return to the home point which 

was pre-recorded using the GPS upon initialization. Low Battery level failsafe RTH is triggered 

with the intelligent flight battery is depleted to a pre-set point. Failsafe RTH will be 

automatically activated if the remote controller signal is lost for more than 3 seconds. The 

Phantom 3 has a proven safety record and all information regarding its performance and safety 

features can be referenced in the safety guidelines. The full user’s manual which includes FCC 

information, checklists, and graphics supporting the No-Flight Zone information can be found 

here:

http://www.dji.com/product/phantom-3/download

Please see attached documents in support of this petition:

Phantom 3 Professional Safety Guidelines

Phantom 3 Intelligent Flight Battery Safety Guidelines

Public Good

Aerial photography/videography for geographical awareness and for real estate marketing and 

inspections has been around for a long time through manned fixed wing aircraft and helicopters. 

But for small business owners, its expense has been cost-prohibitive.

Granting this exemption would allow the Petitioner to provide this service at a much lower cost 

to the public. Furthermore, the small UAS’s being utilized in this application will pose no threat 

to the public given its small size and lack of combustible fuel when compared to larger manned 

aircraft. The operation of the UAS’s are environmentally friendly and promote economic growth 

by providing information to businesses and individuals in the Southern California Area.
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The Petitioner, a certified commercial pilot and flight instructor with over 2000 hours of logged 

flight time, will ensure that all of SkySource’s operations are conducted with utmost regard to 

safety, minimizing risk, being a responsible user of the NAS, and ensuring compliance with all 

applicable regulations to ensure this exemption and will provide a level of safety at least equal to 

existing rules. The petitioner will only operate in a safe environment that is strictly controlled. 

This exemption request would permit operation of ultra light-weight, unmanned UASs in 

predetermined areas away from the general public, airports, heliports and vehicular traffic, under 

200 feet AGL, during daylight hours and under visual meteorological conditions (VMC) 

Operation would commence only after carefully reviewing, inspecting and examining the area of 

aerial observation. Petitioner will conduct extensive preflight inspections and protocols, during 

which safety carries primary importance. Pre-flight and post-flight checklist usage will be 

mandatory. This would allow for videos and photos within property boundaries for individual 

homeowner real estate listing. This would also allow for event photography and videography. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the 

procedural requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated UAS’s, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part11 and §333 

of the Reform Act. The Federal Aviation Act ( 49U.S.C.§44701 (f)) and §333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates 

that the UAS operated without an airworthiness certificate, in the restricted environment and

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The UAS’s to be operated by the petitioner are less than 5 kgs with maximum payload consisting 

of camera, carries neither no persons, carries no explosive or flammable materials including

combustible fuels, and operates exclusively within a secured area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the pilot (PIC) 

and or the Visual Observer. The Visual Observer role is designated to act as both the remote 

sensing controller and secondary monitor for safety issues. These enhancements to current safety 

practices and regulations, which already apply to civil aircraft, provide a greater degree of safety 

to the public and property owners than conventional aircraft operations conducted with 

airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of these 

same criteria demonstrates that there is no threat to national security posed by the UAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load.

. 

14 C.F.R. §45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 
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than 6 inches high, the words "limited;' "restricted;' "light-sport: "experimental:' or "provisional;' 

as applicable. Even though the UAS will have no airworthiness certificate, an exemption may

be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the 

word "Experimental" can be placed. Given the size of the UAS, two-inch lettering will be 

impossible. Petitioner understands the need for markings and will mark Our UAS’s in the largest 

possible lettering by placing the word “Experimental” or assigned number or name (based on a 

request or ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting 

the visual observer will see the markings. Further markings include a front LED indicator light 

and markings designating forward and aft orientation. 

14 C.F.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command 

(PIC)

§61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring a ground crew member to have a private pilot's 

license rather than a commercial pilot's license to operate this UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAS is remotely controlled with no persons on 

board. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance. The risks associated with the operation of the UAS are so diminished 

from the level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations as requested with a private pilot in the ground crew exceeds the 

present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). Although the principal operator 

(Petitioner) holds a Commercial Pilot’s Certificate, SkySource may employ operators in the 

future who only hold a Private Pilot’s Certificate. Each operator will be trained extensively on 

the equipment to include training for emergency operations, pre-flight planning, checklist usage, 

and airspace requirements. Training will be logged in company’s records. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the manual for maintenance and 

use of safety check lists prior to each flight, a subset of which are provided in enclosed 

Supplemental material, an equivalent level of safety will be provided.

14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

§91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. The UAS, given its size 

and configuration has no ability to carry a physical flight manual on the aircraft. The equivalent 

level of safety will be maintained by keeping the flight manual at the ground control point where 

the pilot flying the UAS will have immediate access to it. Flight Manuals and associated 

documents may be in electronic format. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 32827, and 10700
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14 C.F.R. §91.103: Preflight Action

This regulation requires each Pilot in Command (PIC) to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for 

the aircraft, an exemption will be needed. Prior to conducting any flight, SkySource appointed 

pilots (operators) will conduct a detailed pre-flight inspection in accordance with the 

manufacturer’s instruction manual. The Preflight inspection will not be limited to the UAV and 

its components but will also include the verifying that the airspace to be operated in will ensure 

compliance with FAA regulations – not in close proximity to any airports, not a congested area, 

no open air assembly of persons, etc. 

The PIC will take all actions including reviewing weather, checking the flight battery, landing 

and takeoff area suitability, and checking of NOTAMs and TFRs before initiation of flight. 

Further, we always use standardized pre-flight checklists in accordance with manufacturers’ 

recommendations. If granted an exemption the Petitioner agrees to additional safety procedures 

including, but not limited to:

• Keeping our UAS’s within a radius distance of 2000 feet from the controller to both aid 

in direct line of sight visual observation.

• Operate the UAS’s for 10-15 minutes per flight; land Our UAS’s according to the 

manufacturer’s recommended minimum level of battery power.

• Operate our UAS’s only within visual line of sight (VLOS) and use the assistance of a 

visual observer if necessary

• Use the UAS’s flight safety features including- RTH features and ensuring Lost Link 

capability is available. 

• Conduct all operations under our flight safety protocols

• Log each flight and battery use to actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols

• Always obtain all necessary permissions prior to operation

• Have procedures in place to abort flights in the event of safety breaches or potential 

danger.

DJI has implemented Firmware updates that limit flight around airports, along with distance and 

altitude limits. All relevant TFRs and No Fly Zones will be checked prior to each flight to ensure 

avoidance. The DJI pilot app which is linked to the flight controller includes up to date 

information on all No Flight Zones and communicates this information to the flight controller. 

The No-Fly Zones are divided into Airports and Restricted areas. Using information about these 

locations, the flight controller indicates whether the aircraft is in a no-fly zone, a restricted 

altitude flight zone, a warning zone, or a free zone. Motors will not start in a no-fly zone, and 

automatic landing will be activated if aircraft approaches a no-fly zone. Please see table detailing 

these zones in the attached user manual for more a more detailed explanation of this safety 

feature. 

14 C.F.R. §91.109: Flight Instruction

§91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. 
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UAS’s and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the 

fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of 

the aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing 

digital communications which is paired to the UAS making it nearly impossible to 

unintentionally or intentionally have the control communications interrupted.

14 C.F.R. §91.119: Minimum Safe Altitudes

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS 

would be photography or survey of persons, vessels, vehicles, or structures, it would be 

necessary to operate closer than 500 feet to the items listed. Operations will only be flown over 

property or persons where permission has been obtained and careful pre-planned flight path has 

been established. The aircraft will be operated at a low altitude allowing that if a power unit fails, 

an emergency landing can be made without undue hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UAS, the hazard to the persons, vehicles, 

and structures is minimal compared to manned aircraft, which should be considered in granting 

the exemption. 

14 C.F.R. §91.121 Altimeter Settings

§91.121 requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter 

setting available before departure:' As the UAS may not have a barometric altimeter, but instead 

a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. The pilot in Command (PIC) will also ensure effective pairing 

with multiple GPS sources to guarantee accurate detection of height. In addition, the Phantom 3 

has vision positioning capability, which is similar to a radar altimeter in a manned aircraft. 

Visual and ultrasonic sensors scan the ground beneath the quadcoptor, allowing it to identify its 

accurate position. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

§91.151 (a) prohibits an individual from beginning "a flight in an airplane 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 (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The battery

powering the UAS’s provide up to 23 minutes of flight time, dependent on environmental 

conditions and usage patterns. Petitioner's UAS’s will not be able to meet the 30 minute reserve 

requirement in 14 CPR §91.151. Operating the small UAS’s, in a tightly controlled area where 

only people and property owners or official representatives who given permission for overflights,

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS’s

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Petitioner believes that an equivalent level of safety can be achieved by monitoring the battery

level and landing as soon as the low battery level warning light is illuminated. If no action is 

taken for 10 seconds after the low battery indicator warning light illuminates, the Fail Safe 

Intelligent Battery will automatically activate the return to home feature and will return to origin 

point and land safely. Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it 

the following: (1) An appropriate and current airworthiness certificate ...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS’s fully loaded 

weigh no more than 11kg and is operated without an onboard pilot. As such, there is no ability or 

place to carry certification and registration documents or to display them on the UAS’s. An 

equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS’s. Electronic versions of these documents are acceptable. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 9816A, and 10700

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner "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 ... ;' and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. 

Maintenance will be accomplished by the operator in accordance with the manufacturers’

recommendations or by an approved DJI maintenance provider. An equivalent level of safety 

will be achieved because these small UAS’s are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical issues arise 

the UAS can land immediately and will be operating from no higher than 200 feet AGL. The 

Petitioner will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a detailed record of any maintenance performed. A post maintenance test 

flight will be performed after any maintenance is completed prior to resuming commercial 

operations. 

Summary

The Petitioner believes that the exemption from the above listed Title 14 CFRs is warranted

given the nature of UAS flights that will be undertaken, the size & weight of the UAS being 

operated, and the safety precautions taken for the general public and the NAS. This operator will 

contribute to aviation’s positive evolution by demonstrating lower cost of business services 
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provided, minimal environmental impact, and increased safety for flight crews and ground 

property. Due to the similarity of this request with numerous other previously approved 

exemptions, I respectfully request that this exemption be approved in a timely manner. 

Thank you for your consideration.

. 

Adrienne Krunich, CEO 

SkySource LLC