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 SUMMARY

 Skeye Aerial Imaging, LLC seeks exemption from the requirements of 14 C.F.R §§

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

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Skeye Aerial 

Imaging, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography for real estate, and other landscape-oriented

purposes over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Skeye Aerial Imaging, LLC provides its clients with the high quality digital content for use

in their commercial marketing. Skeye Aerial Imaging, LLC has almost 2 years of recreational /

hobby experience in all aspects of aerial video and photography using the same UAV platform in 

this position. The objective of Skeye Aerial Imaging, LLC aerial video and photography 

operations is to provide high quality imaging for a variety of commercial, public, and residential

uses, specifically targeting:

• Real Estate Videography and Photography

• Automobile Dealerships

• Land Developers

• Parks, Recreation, Golf Courses and Public Lands

• Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS

 Skeye Aerial Imaging, LLC seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing a video transmitter and 

receiver monitor systems. The DJI Phantom 3 Professional has a maximum gross weight of 2.82 

pounds, a length of 23.2 inches (square size in all dimensions), height of 10 inches, and a 

maximum speed of approximately 31 knots. The DJI Phantom 3 Professional is equipped with

four main rotors; driven by Lithium Polymer battery powered electric motors. The Phantom 3 

Professional that will be operated by Skeye Aerial Imaging, LLC has been registered in

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

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

Marking. (FAA #: FA33AR7LRN)

BASIS FOR PETITION

 Petitioner, Skeye Aerial Imaging, LLC, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 3 Professional in the National

Airspace System, 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).
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In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Skeye Aerial Imaging, LLC operation of DJI Phantom 3 

Professional meets the conditions of FMRA Section 333 and therefore, will not require an 

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

Accordingly, Skeye Aerial Imaging, LLC requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. Skeye Aerial Imaging,

LLC submits that the requested relief is proper since an equivalent level of safety will be

ensured. Skeye Aerial Imaging, LLC will use experienced personnel or technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the operating documents

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

limitations: Pilot in command, is requested by Skeye Aerial Imaging, LLC to the extent necessary

to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an 

airman medical certificate, and who has demonstrated, that the PIC is able to safely operate

the DJI Phantom 3 Professional in a manner consistent with this exemption, including evasive

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

vehicles and structures. Skeye Aerial Imaging, LLC seeks relief from Section 91.7(a), entitled

Civil aircraft airworthiness, because the DJI Phantom 3 Professional does not require an

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

Imaging, LLC will ensure that the DJI Phantom 3 Professional is in airworthy condition, prior to

every flight, by determining that the UAS is in compliance with the operating documents and

that the aircraft is in a condition for safe flight.

Skeye Aerial Imaging, LLC also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as DJI Phantom 3 Professional will not have a typical barometric

altimeter onboard. However, altitude information of the DJI Phantom 3 Professional will be

provided to the PIC via GPS equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude

information, combined with Skeye Aerial Imaging operation of the DJI Phantom 3 Professional

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to

Section 91.121.

Additionally, Skeye Aerial Imaging, LLC seeks an exemption from the requirements of Section

91.151(b) entitled Fuel requirements for flight in VFR conditions. Skeye Aerial Imaging, LLC

submits that safety will not be affected by operation of DJI Phantom 3 Professional 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 18 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, Skeye Aerial Imaging, LLC provides the following

information in support of its petition for exemption:
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A. Name and Address of the Petitioner.

The name and address of the Petitioner and point of contact is:

John Edmonds, Owner

Skeye Aerial Imaging, LLC

113 Beachfield Drive

Rehoboth Beach, Delaware 19971

302-249-8690

info@skeyeaerialimaging.com
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B. The Specific Sections of 14 C.F.R. from Which Skeye Aerial Imaging, LLC Seeks

Exemption.

1. Skeye Aerial Imaging, LLC Seeks Exemption from The Requirements of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of 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. Skeye Aerial Imaging, LLC Seeks Exemption from The Requirements of Section

 91.7(a).

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

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

3. Skeye Aerial Imaging, LLC Seeks Exemption from The Requirements of Section

 91.121.

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

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

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

operating--

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

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

within 100 nautical miles of the aircraft;

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

this section, the current reported altimeter setting of an appropriate 

available station; or

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

the departure airport or an appropriate altimeter setting available before 

departure.
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4. Skeye Aerial Imaging, LLC Seeks Exemption from The Requirements of Section

 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

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

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

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes.

5. Skeye Aerial Imaging, LLC Seeks Exemption from The Requirement of Section

 91.405(a).

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

Each owner or operator of an aircraft—

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

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

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

6. Skeye Aerial Imaging, LLC Seeks Exemption from The Requirements of Section

91.407(a) (1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

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

maintenance, rebuilding, or alteration unless—

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

chapter [.]

7. Skeye Aerial Imaging, LLC Seeks Exemption from The Requirements of Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --
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(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

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

with part 21 of this chapter.

8. Skeye Aerial Imaging, LLC Seeks Exemption from the Requirements of Sections

91.417(a) and 91.417(b).

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

following:

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

registered owner or operator shall keep the following records for the periods specified 

in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include--

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

the work performed; and

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

(iii) The signature and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

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

safety directives including, for each, the method of compliance, the AD 

or safety directive number and revision date. If the AD or safety directive
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involves recurring action, the time and date when the next action is 

required.

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

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

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

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

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

performed.

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

transferred with the aircraft at the time the aircraft is sold.

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

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

approved for return to service.

C. The Extent of Relief Skeye Aerial Imaging, LLC Seeks and The Reason Skeye Aerial 

Imaging Seeks the Relief.

1. Extent of Relief Skeye Aerial Imaging, LLC Seeks and the Reason Skeye Aerial 

Imaging Seeks Relief From Section 61.113(a) And (b)

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot 

in command, is requested to the extent necessary to allow a PIC holding a private pilot 

or higher level certificate, as well as a current and valid airman medical certificate, and 

who has met certain flight-hour and currency requirements, to conduct the proposed 

UAS flight operations for compensation or hire. This relief is requested since the 

limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for 

compensation or hire, act as PIC of an aircraft in connection with any business or 

employment if: (1) The flight is only incidental to that business or employment; and (2) 

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

As set forth more fully below, Skeye Aerial Imaging, LLC submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 Professional unless that PIC has met certain flight-hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI

Phantom 3 Professional in a manner consistent with the operations specifications as

described in this exemption, including evasive and emergency maneuvers, as well as

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

Further, Skeye Aerial Imaging, LLC submits that all flights of the DJI Phantom 3

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

incidental to Skeye Aerial Imaging, LLC business; and (2) will not carry passengers or

property for compensation or hire.
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2. Extent of Relief Skeye Aerial Imaging, LLC Seeks and The Reason Skeye Aerial 

Imaging 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 Skeye Aerial Imaging, LLC to determine that the DJI Phantom 3

Professional is in airworthy condition prior to every flight by ensuring that the UAS is in

compliance with the operating documents.

Skeye Aerial Imaging, LLC seeks the requested relief because the DJI Phantom 3

Professional does not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. Therefore, Skeye Aerial Imaging, LLC will ensure that the DJI

Phantom 3 Professional is in airworthy condition based upon its compliance with the

operating documents prior to every flight, and further, determine that the aircraft are in

condition for safe flight, as stated in the conditions and limitations below.

3. Extent of Relief Skeye Aerial Imaging, LLC Seeks and The Reason Skeye Aerial 

Imaging Seeks Relief From

Section 91.121

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

operations of the DJI Phantom 3 Professional, which utilizes a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to downlink 

altitude information from the UA to the PIC at the ground control station (GCS). Since 

the FAA requires that any altitude information concerning UAS operations be reported 

to air traffic control (ATC) in feet above ground level (AGL),

Skeye Aerial Imaging, LLC seeks the requested relief because the DJI Phantom 3

Professional altimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or field altitude, before each flight. Considering the limited

altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent

necessary to comply with the applicable conditions and limitations stated below. As

more fully set forth herein, an equivalent level of safety will be maintained since DJI

Phantom 3 Professional is equipped with a barometric pressure sensor and GPS

equipment, which automatically ensures that a ground level pressure setting will be

established prior to each flight, and provides the PIC with altitude information of the

UA on the heads-up display of the GCS.

4. Extent of Relief Skeye Aerial Imaging, LLC Seeks and the Reason Skeye Aerial 

Imaging, Seeks Relief From

Section 91.151(b)

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

requested to the extent required to allow flights of the battery powered DJI Phantom 3

Professional during daylight hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), for a total duration of 18 minutes to the first point of intended
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landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

Skeye Aerial Imaging, LLC seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3

Professional will severely constrain the practicality of any aerial video or still photo flight

operations that Skeye Aerial Imaging, LLC proposes to conduct pursuant to this

Petition.

5. Extent of Relief Skeye Aerial Imaging, LLC Seeks and The Reason Skeye Aerial

Imaging Seeks Relief From

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply

to aircraft with an airworthiness certificate, Skeye Aerial Imaging, LLC requests relief

from these Sections because the DJI Phantom 3 Professional does not require an

airworthiness certificate. As set forth more fully below, the DJI Phantom 3 Professional

meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Skeye Aerial Imaging, LLC will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed in the UAS operating documents

Furthermore, Skeye Aerial Imaging, LLC will document and maintain all maintenance

records for the DJI Phantom 3 Professional.

D. The Reasons Why Granting Skeye Aerial Imaging, LLC Request Would Be in the Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Skeye Aerial Imaging, 

LLC to safely, efficiently, and economically perform aerial video and photography for real

estate, special events, and landscape over certain areas of the United States. Additionally,

use of the DJI Phantom 3 Professional will decrease congestion of the NAS, reduce pollution,

and provide significant benefits to the economy. Notably, the benefits of Skeye Aerial Imaging, 

proposed operation of the DJI Phantom 3 Professional will be realized without implicating any

privacy issues.

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

The DJI Phantom 3 Professional is battery powered and serves as a safe, efficient,

and economical alternative to the manned aircraft traditionally utilized to obtain aerial 

imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional would 

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as 

well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced.

The DJI Phantom 3 Professional does 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.
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2. The Public Will Benefit from the Safety and Efficiency Of The DJI Phantom 3

Professional.

Conducting aerial acquisitions with the DJI Phantom 3 Professional, 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, DJI Phantom 3 Professional

produces no air pollution, and is the most viable environmentally conscious alternative

to the cabin class, six-cylinder internal combustion engine aircraft that are typically

utilized for aerial video and photography, while burning approximately 20-30 gallons

per hour of leaded aviation fuel. The DJI Phantom 3 Professional, while reducing the

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is

propelled by battery powered electric motors, rather than an internal combustion 

engine. By using DJI Phantom 3 Professional to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 3 Professional (gross weight of 2.82 pounds, a

length of 23.2 inches (square size in all dimensions), height of 10 inches, and a

maximum speed of approximately 31 knots, 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 3 Professional Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional is also an 

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

such, operation of DJI Phantom 3 Professional will allow United States based

companies, like Skeye Aerial Imaging, LLC, to remain competitive and contribute to

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (EPA) regulatory actions phasing out leaded aviation

fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJI Phantom 3

Professional 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 3

Professional, companies such as Skeye Aerial Imaging, LLC, can remain competitive and

profitable, and therefore, provide greater job stability to employees and contractors, 

which will ultimately contribute to growth of the U.S. economy. Improved financial

performance of U.S. companies, through commercial use of the DJI Phantom 3

Professional, 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, Skeye Aerial Imaging, LLC proposed operation of the DJI Phantom 3

Professional will not implicate any privacy issues. Specifically, the DJI Phantom 3

Professional will be operated only in compliance with operating documents which
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requires property owner involvement and in accordance with the Federal Aviation

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

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 Skeye Aerial Imaging, LLC Seeks Exemption.

1. Reasons Why DJI Phantom 3 Professional Meets the Conditions Of The

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

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

unmanned aircraft and its operation, Skeye Aerial Imaging, LLC operation of the DJI

Phantom 3 Professional meets the conditions of FMRA Section 333, and will not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users 

of the NAS or the public, or otherwise pose a threat to national security.

In seeking this exemption, Skeye Aerial Imaging, LLC submits that the DJI Phantom 3

Professional can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional; (b) the

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

a. The Specifications of The DJI Phantom 3 Professional Demonstrate Its

Safe Characteristics.

The DJI Phantom 3 Professional does not create a hazard to users of the NAS

or the public, or otherwise pose a threat to national security considering its

size, weight, speed, and operational capability.

i. Technical Specifications of The DJI Phantom 3 Professional.

The technical specifications of the DJI Phantom 3 Professional are set

forth in the User Manual. User Manual link is provided on Page 18 of this 

document as an Appendix.

ii. The DJI Phantom 3 Professional Autonomous Flight and

Navigation Modes Enable The UAS to Remain Within a Defined

Operational Area.

The DJI Phantom 3 Professional may be operated in both manual and

fully autonomous flight modes. A complete description of the flight and 

navigational modes is provided in the User Manual. User Manual link is 

provided on Page 18 of this document as an Appendix.
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iii. The DJI Phantom 3 Professional Are Designed for Automatic

Return to Home Point or Hover in The Event of Loss of the Control

Link or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional will

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds,

the DJI Phantom 3 Professional does not reacquire control link data

from the GCS, the UAs will assume that the Control Link is lost and the

UAs will return to the home position (i.e., failsafe mode) via GPS, and

will descend to the takeoff position and shutdown. A complete

description of the Failsafe Functions is provided in the User Manual.

User Manual link is provided on Page 18 of this document as an

Appendix.

iv. DJI Phantom 3 Professional and Its Operation.

A complete description of the operation and specifications of the DJI 

Phantom 3 Professional and flight control software is provided in the

User Manual. User Manual link is provided on Page 18 of this document

as an Appendix.

b. Flight Operations of DJI Phantom 3 Professional Is Limited to the Line of

Sight of a Certificated Pilot in Command with A Safety Observer.

Skeye Aerial Imaging, LLC will only utilize certificated pilots who possess a

current and valid airman medical certificate to act as a pilot in command (PIC) of

the DJI Phantom 3 Professional. Additionally, a safety observer will assist all

pilots during flight time.

c. Flights of DJI Phantom 3 Professional Will Be Conducted Pursuant To

Specific Operating Limitations.

In seeking this exemption, Skeye Aerial Imaging, LLC proposes to

commercially operate DJI Phantom 3 Professional for the special purpose of

conducting aerial video and photography over certain areas of United States,

pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than 55 pounds maximum gross weight: DJI Phantom 3

Professional Unmanned Aircraft System. Proposed operations of any other

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

2. UAS operations under this exemption will be limited to conducting operations 

for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 50 knots.

4. The UA must be operated at an altitude of no more than 400 feet above 
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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 UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate.

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

permitted.

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

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The 

PIC must be designated before the flight and cannot transfer his or her 

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

perform the functions prescribed in the operating documents.

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

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other 

instruments.

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

during UAS operations and made available to the Administrator upon request. If 

a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

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

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

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for amendment to its grant of 

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

questions arise regarding updates or revisions to the operating documents.

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

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for

safe flight. The Ground Control Station must be included in the preflight

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

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

operation or flight characteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight. The PIC who conducts the functional test

flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul; replacement, inspection, and life limit requirements.

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

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul 

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

service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all 

manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current 

third-class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted

under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R.

§ 1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 
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conducted in accordance with a NOTAM as required by the operator’s COA. The

letter of agreement with the airport management must be made available to the

Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

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

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a 

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery power 

remaining.

25. 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 required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the UAS 

is operating. These documents must be made available to the Administrator or 

any law enforcement official upon request.

27. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

28. The UAS may not be operated by the PIC from any moving device or 

vehicle.

29. Flight operations must be conducted at least 500 feet from all 

nonparticipating persons (persons other than the PIC, SO, operator trainees or 

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and;
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c. Operations nearer to the PIC, SO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a). 32. All operations 

shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from

land owner/controller or authorized representative will be obtained for each flight

to be conducted.

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

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.

2. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Skeye Aerial Imaging, LLC

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 3 Professional, which contain such safety standards that the Administrator

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R.

Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions

will permit safe operation of the UAs for the limited purpose of conducting aerial video

and photography over certain areas of the United States for compensation or hire. FMRA 

Section 333 sets forth the requirements for considering whether a UAS will create a 

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

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

certification in accordance with any requirements that must be established for the safe 

operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. §

21.16, for operation of the DJI Phantom 3 Professional, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety 

standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: If the FAA finds that the airworthiness 

regulations of this subchapter do not contain adequate or appropriate safety standards 

for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature 

of the aircraft, aircraft engine or propeller, he prescribes special conditions and 

amendments thereto for the product. The special conditions are issued in accordance 

with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft 

engine or propeller as the FAA finds necessary to establish a level of safety equivalent 

to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for Skeye Aerial Imaging, LLC intended operation of the

DJI Phantom 3 Professional, which contain such safety standards that the Administrator
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finds necessary to establish a level of safety equivalent to that established by 14 C.F.R.

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published in The Federal Register, stating: The Rules

From Which Skeye Aerial Imaging, LLC Seeks Exemption:

Skeye Aerial Imaging, LLC seeks exemption from the requirements of 14 C.F.R Sections

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

(a)(2), and 91.417(a) & (b).

A Brief Description of the Nature of the Exemption Skeye Aerial Imaging, LLC

Seeks:

This exemption will permit Skeye Aerial Imaging, LLC to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

G. Any Additional Information, Views, or Arguments Available to Support Skeye Aerial 

Imaging, LLC Request.

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

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

operate safely in the NAS. As such, Skeye Aerial Imaging, LLC request for exemption may be

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth

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

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

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

discussed in detail above, Skeye Aerial Imaging, LLC will operate the DJI Phantom 3

Professional safely in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Skeye Aerial Imaging, LLC seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

permit safe operation of the DJI Phantom 3 Professional commercially, without an airworthiness

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

of the United States. By granting this Petition, the FAA Administrator will be fulfilling the 

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

advancing the interests of the public, by allowing Skeye Aerial Imaging, LLC to safely,

efficiently, and economically operate the DJI Phantom 3 Professional commercially within the

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

Modernization and Reform Act of 2012, Section 333, Skeye Aerial Imaging, LLC respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of 14

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b), and permit Skeye Aerial Imaging, LLC to operate the DJI Phantom 3

Professional commercially for the purpose of conducting aerial video and photography over

certain areas of the United States.

Dated: 2/18/16

Skeye Aerial Imaging, LLC

_________________________ 

John Edmonds, Owner 

Skeye Aerial Imaging, LLC

113 Beachfield Drive

Rehoboth Beach, Delaware 19971

302-249-8690

Appendix:

DJI Phantom 3 Professional Manufacturer User Manual:

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf
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