David Tigue

1225 Royal Lane

West Deptford, NJ 08086

August 11, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 

CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 

CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, David Tigue 

dba SkySight Imaging Solutions, operator of Small Unmanned Aircraft Systems (sUAS) seeks an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

SUMMARY

David Tigue dba SkySight Imaging Solutions, seeks exemptions from Title 14, Code of Federal Regulations§§ 61.113 (a) and (b),91.7 

(a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(1),91.409 (a)(1) and (2),91.417 (a) and (b) to operate a DJI PHANTOM 3 

Professional quadcopter sUAS for the purpose of conducting aerial photography and/or video for public and/or private use including 

real estate, architecture, land surveying, engineering and other related professional activities.

INTRODUCTION TO PETITIONER

SkySight Imaging Solutions specializes in capturing and producing high quality videographic and photographic images for clients. 

SkySight Imaging Solutions seeks an exemption to use a DJI Phantom 3 Professional quadcopter to commercially capture video and 

photographic images while working on private/public property with owner and/or agent consent. SkySight Imaging Solutions will

utilize a Visual Observer (V.O.) while maintaining Visual Line of Sight (V.l.O.S.) between the quadcopter and the UAV operator. The 

areas where SkySight Imaging Solutions conducts aerial photography is predetermined which allows for a controlled environment to 

operate safely.

BASIS FOR PETITION

SkySight Imaging Solutions pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. §11.61) and the FAA 

Modernization and Reform Act of 2012,Section 333,Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to operate the DJI PHANTOM 3 Professional sUAS within the National Airspace System, and for an exemption from 

the requirements of 14 C.F.R.§§ 61.113 (a) and (b), 91.7 (a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(l), 91.409 (a)(1) and (2), 

91.417 (a) and (b).

Name and Address of The Petitioner 

David Tigue dba SkySight Imaging Solutions

1225 Royal Lane

West Deptford NJ 08086

856-599-8580
Dave@SkySightis.com

Commercial operation of our sUAS, which is equipped with cameras and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering 

and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and 

news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government 

authority.

4. Aerial video/photography or video including live video feed to assist with search and rescue operations in cases of an emergency 

or natural disaster.

5. Offer training to persons or private/public organizations that have interests in the use and application of sUAS for the purpose of 

enhancing the safety of the National Airspace System (NAS)

The DJI PHANTOM 3 Professional

The DJI Phantom 3 Professional is a quad-rotor Small Unmanned Aircraft System (sUAS) weighing less than 3 pounds. The Pilot in 

Command (PIC) controls the sUAS with a handheld multi function remote control in conjunction with a live video feed from the 

sUAS mounted High Definition camera viewed on a smartphone or tablet computer. The PIC is also in constant visual Line Of Sight 

contact with the sUAS.

The DJI Phantom 3 Professional can maintain its positioning in 3D space and report via a map on the live feed screen by utilizing a 

minimum of 6 GPS satellites and normally uses up to 16 different GPS satellites for its positioning. It also features a safety ‘Return to 

Home’ function. In the event of a signal loss from the remote controller, the sUAS will return to a preset position and land. The Return 

to Home feature can also be invoked manually by the PIC.

The Phantom 3 Professional can fly at approximately 26kts. SkySight Imaging Solutions rarely will have the need to operate at a 

speed greater than 10kts. The Phantom 3 Professional is powered by a lithium polymer battery. This battery gives the Phantom 3 

Professional approximately 18 minutes of flight time with its attached payload of a 12 mega pixel camera. It will be operated in line of 

sight within a predetermined area as requested by the property representative.

As described fully below, the requested exemption would permit the operation of a sUAS under controlled conditions in the NAS

that would be limited and predetermined, and will provide safety enhancements to the present aerial imaging market that currently 

use conventional aircraft.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.”

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations allows for a higher level of safety of the persons and/or property than by using conventional aircraft. The 

applicant agrees to the limitations and conditions when conducting commercial operations under the FAA issued exemption as set 

forth in the Flight Operations Manual (FOM)

1. The sUAS will weigh less than 3 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be up to 18 minutes. Flights will be terminated at 25% battery power 

reserve.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

5. Minimum crew for each operation will consist of the sUAS Pilot In Command (PIC,) and Visual Observer (VO.)

6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a valid state driver’s license and have requisite 

experience and ample practice flight time operating the sUAS as well as demonstrated piloting skills and strict adherence to safety 

policies.

7. A briefing will be performed regarding the planned sUAS operations prior to each flight for the production activities.
8. The operator will obtain verbal/written consent of all persons involved with the planned operation.

9. The PIC and VO will be able to communicate by voice and/or radio/cellphone at all times.

10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law 

enforcement, fire or other appropriate governmental agencies as needs arise.

11. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to return to a pre-determined safe 

location and land autonomously.

12. Consistent pre-flight safety and operational checks will precede each flight.

13. Regular sUAS maintenance and airworthiness checks to be performed.

14. No flight operations within 5 miles of an airport without first notifying the airport control tower.

Regulations from which the exemption is requested:

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 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Given the small size of the sUAS and the controlled environment, the proposed operations will adhere to the Reform Act’s safety 

requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the 

proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced greenhouse gas 

emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA 

grant the requested exemption with minimum delay.

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 with the aircraft to be utilized by the Applicant, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 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 sUAS. In all cases, an analysis of these criteria demonstrates that the

sUAS 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 sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart 

H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, 

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 than 6 inches 

high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the 

sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, 

cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering 

will be impossible. 

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

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that 

is carrying passengers or property for compensation or hire. A pilot’s license will not ensure remote control sUAS piloting 

skills. Our sUAS does not carry pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). 

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 for maintenance and use of safety check lists prior to each flight an 

equivalent level of safety will be provided.

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

Section 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 sUAS, given its size 

and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but 

because there is no room or capacity to carry such an item 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 sUAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command 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. The PIC will follow preflight actions 

including reviewing weather, sUAS airworthiness and inspection checks, multiple satellite GPS signal locks, landing and takeoff 

distances, flight plan, and aircraft performance calibration data before initiation of each flight.

14 C.F.R. §91.109: Flight Instruction.

Section 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. The DJI Phantom 3 Profession sUAS is a remotely piloted

aircraft and by its design does not have dual controls. Flight control is accomplished through the use of a single handheld remote 

controller that communicates with the aircraft via radio communications. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section

91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter 

complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a

sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an 

elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the 

sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' above the highest point 

on the structure nor greater than 200’ away. It will however be operated in a restricted area where buildings and people will not be 

exposed to operations without their pre-obtained consent.
The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is 

operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice 

to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed 

herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the sUAS will ensure separation 

between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation 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 sUAS 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, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight.

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

Section 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 sUAS provides approximately 18 minutes of powered flight. Given the limitations on the sUAS’s proposed 

flight area and the location of its proposed operations within

a predetermined area, teh applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve fuel, 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. The applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 18 minutes or 25% of battery power— whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited LOS operating area.

14 C.F.R. §91.203 (a) and (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 sUAS fully loaded weighs no more than 3 lbs. 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 sUAS. An equivalent level of safety will be achieved by 

keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS.

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 section 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 pursuant to the flight manual and operating handbook. An equivalent 

level of safety will be achieved because these small UASs 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 sUAS can land immediately and will be operating from 
no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the 

sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the operator 

will ensure that the sUAS is in working order prior to initiating flight and perform required maintenance needed.

REASONS WHY GRANTING THE EXEMPTION WOULD BE IN THE PUBLIC INTEREST

SkySight Imaging Solutions is seeking relief from any applicable FARs that may prevent SkySight Imaging Solutions from 

conducting aerial photography of real estate and other legal flight operations. The weight of the sUAS meets the definition of ''small 

unmanned aircraft” found in section 331 "The Reform Act”. SkySight Imaging Solutions seeks to operate legally as a small business 

that cater mostly to real estate agents. Realtors are not permitted to use sUAS's or hire operators unless they or the person they hire, is 

permitted by the FAA to fly a UAS. 

SkySight Imaging Solutions would satisfy the need for safe and affordable aerial video and still photography.

Aerial photography lends a unique perspective to the viewer. The angles of capture show areas that are not able to be seen by an 

earthbound photographer. This type of photography has been used for some time by real estate agencies and construction firms.

Unfortunately though, it is often cost prohibitive for small business. The expensive fees demanded by traditional aerial photography 

companies has often given large firms an advantage. With a Grant of Exemption from the Administrator, SkySight Imaging Solutions 

can be of immense benefit to small business by providing affordable aerial photography.

Aerial photography by SkySight Imaging Solutions would assist the public by allowing them to form a new geospatial perspective and 

academic understanding of the area surrounding the subject of their interests and could have a positive effect upon the economy as 

businesses and agricultural firms take advantage of the new perspectives afforded to them.

The risk associated with UAS aerial photography is less than the risk associated with traditional aerial photography. The sUAS that 

SkySight Imaging Solutions incorporates weighs less than 3 lbs. This sUAS is also powered by a single battery. The amount of 

damage that may occur in the event of an incident or accident is substantially less than that which may occur in the event of an 

incident or accident involving traditional aircraft and aerial photography. Traditional aerial real estate photographers rely upon full 

size aircraft operating at low altitudes while carrying combustible fuel. Responsible sUAS operations are inherently in the public's 

interest due to lower cost and increased safety they afford.

Additional Information

The applicant, David Tigue, has been involved in the building and piloting of remote controlled aircraft for several decades.

The primary pilot, David Tigue, has completed hundreds of hours of flight time. Satisfaction of criteria provided in Section 

333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing 

the commercial operation of the applicant’s sUAS.

David Tigue dba Skysight Imaging Solutions respectfully requests that the FAA grant this exemption request.

Sincerely,

David Tigue

SkySight Imaging Solutions

1225 Royal Lane

West Deptford, NJ 08086

856-599-8580

Dave@SkySightis.com