1

January 6, 2016

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: FLY SKY PHOTOGRAPHY, INC

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT 

OF 2012 (PUBLIC LAW 112-95)

Robert C. Patterson

President

Fly Sky Photography

465 Market St.

Beaver, PA 15009

412-449-9359

FlySky@weflysky.com
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS..................................................................................3

SUMMARY................................................. .....................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER .................................................4

BACKGROUND...............................................................................................................4

BASIS FOR PETITION....................................................................................................5

NAME AND ADDRESS OF PETITIONER.......................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH FLY SKY PHOTOGRAPHY, 

INC SEEKS EXEMPTION... ...........................................................................................7

THE EXTENT OF RELIEF FLY SKY PHOTOGRAPHY, INC SEEKS AND THE 

REASON FLY SKY PHOTOGRAPHY, INC SEEKS THE RELIEF................................10

THE REASONS WHY GRANTING FLY SKY PHTOGRAPHY, INC’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST ....................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO FLY SKY PHTOGRAPHY, 

INC WOULD NOT ADVERSELY AFFECT SAFETY. ...................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................ ...25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT FLY SKY PHOTOGRAPHY, INC’S REQUEST.......................... ..............25

CONCLUSION................................................................................................................25

APPENDICES......... ................................................................................ 26
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SAR Search-and-Rescue

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

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

& (a)(2), and 91.417(a) & (b), to operate Unmanned Aircraft Systems (Yuneec Q500

and Yuneec Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 Pro) pursuant to 

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

will permit FLY SKY PHOTOGRAPHY, INC. to operate an Unmanned Aircraft System 

(UAS) for the commercial purpose of conducting aerial video and photography of 

construction sites, residential and commercial real estate, civil landscapes, website 

content, and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

FLY SKY PHOTOGRAPHY, INC has for over five years been avid photographers and

videographers; and UAS hobbyists for over three years with the past two years devoted 

to capturing stunning aerial photography with UASs. My co-owner wife and I have over 

twenty-three years of experience in the computer technology field, owning a computer 

service business. We have dazzled our friends and business associates with our travel 

and recreational videos that we took with GoPro cameras and with various UAS, and we 

have provided free services related to aerial photography and videography. We have 

perfect safety records with over 100 hours flying these models of UAS: the Yuneec 

Q500 and Q500 4K Typhoons, the Blade 350QX3, and the DJI Phantom 3. FLY SKY 

PHOTOGRAPHY, INC wishes to provide professional services at an affordable cost to 

customers. The objective of FLY SKY PHOTOGRAPHY, INC. and our Unmanned 

Aircraft System aerial operations is to provide a more affordable, high-quality production 

system for a variety of governmental, commercial, public, and residential uses, 

specifically targeting

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Economic development

• Civic landmarks

• Website Content

• Special event coverage

• Search and rescue operations in conjunction with law enforcement personnel

We have safely flown small RC electric quadcopters recreationally for 2 years without 

incident.

BACKGROUND

Unmanned Aircraft Systems: Yuneec Q500 Typhoon, UAS

FLY SKY PHOTOGRAPHY, INC seeks an exemption to operate Yuneec Q500 Typhoon

system for compensation or hire within the NAS. The Yuneec Q500 Typhoon is vertical 

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station 
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(GCS) utilizing electronic tablet or smart phone systems. The Yuneec Q500 Typhoon 

has a maximum gross weight of approximately 2.55 lbs. while having a diagonal 

dimension of 22.2”, a maximum speed of approximately 18 mph and a maximum flying 

height of 400'. The Yuneec Q500 Typhoon is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors.

The Yuneec Q500 Typhoon that will be operated by FLY SKY PHOTOGRAPHY, INC 

will be 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.

Unmanned Aircraft Systems: Yuneec Q500 4k Typhoon, UAS

FLY SKY PHOTOGRAPHY, INC seeks an exemption to operate Yuneec Q500 4k 

Typhoon system for compensation or hire within the NAS. The Yuneec Q500 4k 

Typhoon is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart phone systems. The Yuneec 

Q500 Typhoon has a maximum gross weight of approximately 2.55 lbs. while having a 

diagonal dimension of 22.2”, a maximum speed of approximately 18 mph and a 

maximum flying height of 400'. The Yuneec Q500 Typhoon is equipped with four main 

rotors; driven by Lithium Polymer battery powered electric motors.

The Yuneec Q500 4K Typhoon that will be operated by FLY SKY PHOTOGRAPHY, 

INC will be 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.

Unmanned Aircraft Systems: Blade 350 QX3, UAS

FLY SKY PHOTOGRAPHY, INC seeks an exemption to operate Blade 350 QX3 system 

for compensation or hire within the NAS. The Blade 350 QX3 is vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The Blade 350 QX3 has a maximum gross 

weight of approximately 2.1 lbs. while having a diagonal dimension of 22.8”, a maximum 

speed of approximately 10 mph and a maximum flying height of 400'. The Blade 350 

QX3 is equipped with four main rotors; driven by Lithium Polymer battery powered 

electric motors.

The Blade 350 QX3 that will be operated by FLY SKY PHOTOGRAPHY, INC will be 

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.
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Unmanned Aircraft Systems: DJI Phantom 3, UAS

FLY SKY PHOTOGRAPHY, INC seeks an exemption to operate DJI Phantom 3 system 

for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum 

speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 

3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric 

motors.

The DJI Phantom 3 that will be operated by FLY SKY PHOTOGRAPHY, INC will be 

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.

BASIS FOR PETITION

Petitioner, FLY SKY PHOTOGRAPHY, INC, 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 Yuneec Q500 and Q500 

4K Typhoons, the Blade 350 QX3, and the DJI Phantom 3, UAS in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

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

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

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

the unmanned aircraft and its operation, FLY SKY PHOTOGRAPHY, INC operation of 

Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 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, FLY SKY PHOTOGRAPHY, INC 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.

FLY SKY PHOTOGRAPHY, INC submits that the requested relief is proper since an 

equivalent level of safety will be ensured. FLY SKY PHOTOGRAPHY, INC will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in 

the operating documents (i.e., Monthly Maintenance Log, and Yuneec Q500 and Q500 

4K, Blade 350 QX3 and DJI Phantom 3 Instruction Manuals). Furthermore, FLY SKY 

PHOTOGRAPHY, INC will document and maintain all maintenance records for the 

Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS.
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Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by FLY SKY 

PHOTOGRAPHY, INC 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, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3 and DJI Phantom UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

FLY SKY PHOTOGRAPHY, INC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and 

DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, FLY SKY PHOTOGRAPHY, INC submits that they 

will ensure that the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS are in an airworthy condition, prior to every flight, by determining that 

the UAS are in compliance with the operating documents (i.e., Monthly Maintenance 

Log, and Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3 and DJI Phantom 3 

Instruction Manuals), and that the aircraft are in a condition for safe flight.

FLY SKY PHOTOGRAPHY, INC also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS will not have a typical barometric 

altimeter onboard. However, altitude information of the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3 and DJI Phantom 3 UAS will be provided to the PIC via 

Global Positioning System (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 FLY SKY PHOTOGRAPHY, INC’s operation of 

the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 

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

equivalent to Section 91.121.

Additionally, FLY SKY PHOTOGRAPHY, INC seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. FLY SKY PHOTOGRAPHY, INC submits that safety will not be affected by 

operation of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS 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 23 minutes. Battery power indicators are also able to show exactly how 

much battery power is left, as well as how much time is needed to return safely back to 

point of take off.

In accordance with 14 C.F.R. § 11.81, FLY SKY PHOTOGRAPHY, INC provides the 

following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.
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The name and address of the Petitioner and point of contact is:

Robert C. Patterson

President

FLY SKY PHOTOGRAPHY, INC

465 Market St.

Beaver, PA 15009

412-449-9359

flysky@weflysky.com

B. The Specific Sections Of 14 C.F.R. From Which FLY SKY PHOTOGRAPHY, INC 

Seeks Exemption.

1. FLY SKY PHOTOGRAPHY, INC 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. FLY SKY PHOTOGRAPHY, INC 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. FLY SKY PHOTOGRAPHY, INC Seeks Exemption From The Requirements Of 

Section 91.121.

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

part:
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(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.

4. FLY SKY PHOTOGRAPHY, INC 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. FLY SKY PHOTOGRAPHY, INC 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. FLY SKY PHOTOGRAPHY, INC 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:
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(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. FLY SKY PHOTOGRAPHY, INC 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 –

(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. FLY SKY PHOTOGRAPHY, INC 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.
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(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 

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 FLY SKY PHOTOGRAPHY, INC Seeks And The Reason 

FLY SKY PHOTOGRAPHY, INC Seeks The Relief.

1. Extent Of Relief FLY SKY PHOTOGRAPHY, INC Seeks And The Reason FLY

SKY PHOTOGRAPHY, INC Seeks Relief From Section 61.113(a) And (b).
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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, FLY SKY PHOTOGRAPHY, INC submits that an 

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

the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3 and DJI Phantom 3 UAS

unless that PIC has met certain flight-hour and currency requirements, demonstrating 

that the PIC is able to safely operate either the Yuneec Q500 and Q500 4K Typhoons, 

Blade 350 QX3, and DJI Phantom 3 UAS 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, FLY SKY PHOTOGRAPHY, INC.submits that all flights of the Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS, conducted by the 

PIC pursuant to the grant of this Petition: (1) will be incidental to FLY SKY 

PHOTOGRAPHY, INC’s business; and (2) will not carry passengers or property for 

compensation or hire.

2. Extent Of Relief FLY SKY PHOTOGRAPHY, INC Seeks And The Reason FLY 

SKY PHOTOGRAPHY, INC 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 FLY SKY PHOTOGRAPHY, INC to determine that the Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3 and DJI Phantom 3 UAS are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the 

operating documents (i.e., FLY SKY PHOTOGRAPHY, INC Aerial Operations Manual, 

Monthly Maintenance Log, and Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3 

and DJI Phantom 3 Instruction Manuals).

FLY SKY PHOTOGRAPHY, INC seeks the requested relief because the Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS do not require an 

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

FLY SKY PHOTOGRAPHY, INC will ensure that the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS are in airworthy condition based 

upontheir compliance with the operating documents (i.e., Monthly Maintenance Log, 

and Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3 DJI Phantom 3) prior to 
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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 FLY SKY PHOTOGRAPHY, INC Seeks And The Reason FLY 

SKY PHOTOGRAPHY, INC Seeks Relief From Section 91.121.

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

operations of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3 and DJI 

Phantom 3 UAS, which utilize 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), FLY SKY PHOTOGRAPHY, INC seeks the requested relief 

because the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 

3 UA’s 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 the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI

Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, 

which automatically ensures that a ground level pressure setting will be established 

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

heads-up display of the GCS.

4. Extent Of Relief FLY SKY PHOTOGRAPHY, INC Seeks And The Reason FLY

SKY PHOTOGRAPHY, INC 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 Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS during daylight hours 

in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total 

duration of 23 minutes. FLY SKY PHOTOGRAPHY, INC seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the

battery powered Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo 

flight operations that FLY SKY PHOTOGRAPHY, INC proposes to conduct pursuant to 

this Petition.

Significantly, as set forth below, the technical specifications of the Yuneec Q500 and 

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS operating documents, 

and FLY SKY PHOTOGRAPHY, INC’s proposed operating limitations, ensure that FLY 

SKY PHOTOGRAPHY, INC will safely operate the battery powered Yuneec Q500 and 

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS during daylight hours in 
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visual meteorological conditions (VMC), under visual flight rules (VFR), with enough 

battery power to fly for a total duration of 23 minutes.

5. Extent Of Relief FLY SKY PHOTOGRAPHY, INC Seeks And The Reason FLY 

SKY PHOTOGRAPHY, INC 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, FLY SKY PHOTOGRAPHY, INC

requests relief from these Sections because the Yuneec Q500 and Q500 4K Typhoons, 

Blade 350 QX3, and DJI Phantom 3 UAS do not require airworthiness certificates. As 

set forth more fully below, the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without 

an airworthiness certificate. Accordingly, FLY SKY PHOTOGRAPHY, INC 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 (i.e., FLY SKY PHOTOGRAPHY, INC Aerial Operations Manual, Monthly 

Maintenance Log, and Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 Instruction Manuals). Furthermore, FLY SKY PHOTOGRAPHY, INC will 

document and maintain all maintenance records for the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS.

D. The Reasons Why Granting FLY SKY PHOTOGRAPHY, INC 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 FLY SKY 

PHOTOGRAPHY, INC to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, events and civic landscape over certain 

areas of the United States, as well as, in the area of search-and-rescue missions 

(SAR”).

Additionally, use of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of FLY SKY PHOTOGRAPHY, 

INC’s proposed operation of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS will be realized without implicating any privacy issues.

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

The Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 

are battery powered and serve as a safe, efficient, and economical alternative to the 

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of 

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of 

Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS would 
15

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 Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 

do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that 

must be handled by air traffic control during the ground, takeoff, departure, arrival, and 

landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS.

Conducting aerial acquisitions with the Yuneec Q500 and Q500 4K Typhoons, Blade 

350 QX3, and DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the 

public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power 

and electric motors, the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS produce 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 Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled 

by battery powered electric motors, rather than an internal combustion engine.

By using the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 

3 UAS 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 Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS (weighing approximately 2.8

pounds at their maximum gross weight with diagonal dimension of 22.2 to 23.2 inches, 

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 Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS Will Benefit The 

Economy.

In addition to being safe and efficient, the Yuneec Q500 and Q500 4K Typhoons, Blade 

350 QX3, and DJI Phantom 3 UAS are also an economical alternative to using manned 

aircraft to conduct similar aerial operations. As such, operation of the Yuneec Q500 and 
16

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS will allow United States 

based companies, like FLY SKY PHOTOGRAPHY, INC, 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 

Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 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 Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS, companies such as FLY SKY PHOTOGRAPHY, INC, 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 Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS, 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. Flying Search and Rescue Missions with The Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS in Conjunction With Law 

Enforcement Personnel Will Benefit Law Enforcement and Public Safety.

By operating the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS, companies such as FLY SKY PHOTOGRAPHY, INC, can contact and 

work in conjunction with law enforcement personnel for UAS SAR. The UAS used in 

SAR operations may be equipped with additional UAS SAR technology including heatscanning or infrared and night-vision camera systems. SAR missions can be extremely 

costly for law enforcement with traditional fixed-wing aircraft and helicopters. With FLY 

SKY PHOTOGRAPHY, INC’S UAS, small highly maneuverable unmanned UAS with 

GPS will be able to aid and support search efforts for a fraction of the cost, risk, and 

resources. The UAS SAR could also be used to “drop in” supplies including a radio, 

GPS locator, medical supplies or water, to a stranded victim in an otherwise 

unreachable location before rescue crews are able to safely extract the victim. FLY SKY 

PHOTOGRAPHY, INC’S use of UAS in SAR operations is a valuable asset to public 

safety.

Exemption No. 11714.

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, FLY SKY PHOTOGRAPHY, INC’s proposed operation of the Yuneec Q500 
17

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS will not implicate any 

privacy issues. Specifically, the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS will be operated only incompliance with operating documents 

(i.e., FLY SKY PHOTOGRAPHY, INC Aerial Operations Manual, Monthly Maintenance 

Log, and Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 

Instruction Manuals) which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation Regulations, 

including the minimum altitude requirements of 14 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 FLY SKY PHOTOGRAPHY, INC Seeks 

Exemption.

1. Reasons Why The Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and

DJI Phantom 3 UAS Meet 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 associated with 

the unmanned aircraft and its operation, FLY SKY PHOTOGRAPHY, INC’s operation of 

the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 

meet 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. Specifically, 

FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and 

not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of 

the plan and rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and
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(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system.

In seeking this exemption, FLY SKY PHOTOGRAPHY, INC submits that the Yuneec 

Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS can operate 

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

characteristics of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating 

limitations.

a. The Specifications Of The Yuneec Q500 and Q500 4K Typhoons, Blade 350 

QX3, and DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.

The Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 

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 Yuneec Q500 and Q500 4K Typhoons, Blade 

350 QX3, and DJI Phantom 3 UAS.

The technical specifications of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 

QX3, and DJI Phantom 3 UAS are set forth by the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 User Manuals, attached hereto as 

Appendix A.

ii. The Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain

Within A Defined Operational Area.

The Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 

may be operated in both manual and global positioning flight modes. A complete 

description of the flight and navigational modes of the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS is provided within the pages of the 

Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 User 

manuals, attached hereto as Appendix A.

iii. The Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS Are Designed For Automatic Return To Home Point Or 

Hover In The Event Of Loss Of The Control Link Or Navigation.
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When the Control Link is lost, the Yuneec Q500 and Q500 4K Typhoons, Blade 350 

QX3, and DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, 

after 3 seconds, the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will 

assume that the Control Link is lost and the 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 of the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS are set forth within the pages of 

the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 User 

Manuals, attached hereto as Appendix A.

iv. The Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the Yuneec Q500 and 

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 GCS and flight control 

software is provided within the pages of the Yuneec Q500 and Q500 4K Typhoons, 

Blade 350 QX3, and DJI Phantom 3 User Manuals, attached hereto as Appendix A.

b. Flight Operations Of Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and

DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer.

FLY SKY PHOTOGRAPHY, INC video production staff will be the only persons to act as 

a pilot in command (PIC) of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS. Additionally, a safety observer will assist him/her at all times 

during flight time.

c. Flights Of Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI 

Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, FLY SKY PHOTOGRAPHY, INC proposes to commercially 

operate Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 

UAS 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 UAS weighing less than 55

pounds maximum gross weight: Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 Unmanned Aircraft Systems. 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.
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3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL), as indicated by the procedures specified in the operating documents unless a

special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL.

5. The 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
21

Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

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 UAS 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 recreational 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.
22

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 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. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements.

26. 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

28. 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.

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

operations and activities at all times.
23

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

31. 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;

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.

33. 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. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And 

(b) Would Not Adversely Affect Safety.

FLY SKY PHOTOGRAPHY, INC submits that the equivalent level of safety established 

by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to 

operate the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom

3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency

requirements, that the PIC is able to safely operate the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Considering FLY SKY PHOTOGRAPHY, INC’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of recreational pilot aeronautical 

knowledge requirements to those of commercial pilot requirements (See Exemption No. 

11062); and the airmanship skills necessary to safely operate the Yuneec Q500 and 
24

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS, FLY SKY 

PHOTOGRAPHY, INC submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

FLY SKY PHOTOGRAPHY, INC’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, 

in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

FLY SKY PHOTOGRAPHY, INC will not allow any PIC to operate the Yuneec Q500 and 

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the Yuneec Q500 and 

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 

5 hours of those hours as a UAS pilot operating the same make and model of UAS to 

be used for operations under the exemption). In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience 

that was obtained in compliance with applicable regulations will ensure an equivalent 

level of safety during FLY SKY PHOTOGRAPHY, INC’s proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with 

a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also 

have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same 

make and model of UAS to be used for operations under the exemption. For 

clarification, the FAA considers these minimum hour requirements to be inclusive rather 

than additive; i.e. 5 hours make and model time may be included in the 10 hours of 

multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft 

time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to 

practice and build proficiency in the skills necessary to safely conduct the petitioner’s 
25

proposed operations. The FAA also finds that prior documented flight experience that 

was obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under the 

grant of exemption to accomplish the required flight time. During training, proficiency, 

and experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, FLY SKY PHOTOGRAPHY, INC will ensure safe operations by not 

allowing any PIC to operate the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

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

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would 

Not Adversely Affect Safety.

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

prior to every flight, FLY SKY PHOTOGRAPHY, INC will ensure that the Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS is in an airworthy 

condition based upon the UAS’s compliance with its operating documents and as stated 

in the conditions and limitations herein.

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

in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would 

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path and altitude. This altitude information, combined with FLY 

SKY PHOTOGRAPHY, INC’s operation of the Yuneec Q500 and Q500 4K Typhoons, 

Blade 350 QX3, and DJI Phantom 3 UAS within visual line of sight, at or below 500 feet 

AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information 

will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a 

zero altitude initiation point is automatically established by the UAS at ground level. 
26

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Yuneec 

Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS; (2) the 

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

operations. Accordingly, FLY SKY PHOTOGRAPHY, INC will ensure that it will safely 

operate the battery powered Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the Yuneec Q500 and 

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS; the limitations on the 

proposed flight operations; and the location of the proposed operations, will ensure an 

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, 

safety will be ensured as the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS 

when the UAS experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% 

remaining battery power. At the critically low battery level, the Yuneec Q500 and Q500 

4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS will descend and land 

automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect 

Safety.
27

In seeking this exemption, FLY SKY PHOTOGRAPHY, INC submits that the equivalent 

level of safety with regard to the regulatory maintenance and alteration requirements 

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b) will be met because FLY SKY PHOTOGRAPHY, INC will use trained technicians to 

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

methods, techniques, and practices prescribed in the operating documents (i.e., FLY 

SKY PHOTOGRAPHY, INC Aerial Operations Manual, Monthly Maintenance Log, and 

Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 Instruction 

Manuals). Furthermore, FLY SKY PHOTOGRAPHY, INC will document and maintain all 

maintenance records for the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS.

Since the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 

UAS will be inspected as prescribed by the operating documents, FLY SKY 

PHOTOGRAPHY, INC will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the Yuneec Q500 and 

Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 User Manuals are attached 

hereto as Appendix A; and FLY SKY PHOTOGRAPHY, INC will keep individual 

maintenance LOGs for the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and 

DJI Phantom 3.

Likewise, the exemption sought will not adversely affect safety because FLY SKY 

PHOTOGRAPHY, INC will use trained technicians to perform maintenance, alterations 

or preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of 

the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 

will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the 

UAS are considered.

In consideration of FLY SKY PHOTOGRAPHY, INC’s proposed operating limitations, 

the operating documents, and the technical aspects of the Yuneec Q500 and Q500 4K 

Typhoons, Blade 350 QX3, DJI Phantom 3 UAS, FLY SKY PHOTOGRAPHY, INC 

submits that safety will not be adversely affected by granting exemption from 14 C.F.R. 

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

FAA has previously granted relief specific to UAS in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161).
28

7. 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, FLY SKY PHOTOGRAPHY, 

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

Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS, 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 Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, 

and DJI Phantom 3 UAS, 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 FLY SKY PHOTOGRAPHY, INC’s intended operation of 

the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS, 

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 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 Summary That Can Be Published in the Federal Register, stating: 

The Rules From Which FLY SKY PHOTOGRAPHY, INC Seeks Exemption:
29

FLY SKY PHOTOGRAPHY, INC 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 FLY SKY 

PHOTOGRAPHY, INC Seeks:

This exemption will permit FLY SKY PHOTOGRAPHY, INC to commercially operate an

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

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To 

Support FLY SKY PHOTOGRAPHY, INC’s 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, FLY SKY PHOTOGRAPHY, INC’s 

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, FLY SKY PHOTOGRAPHY, INC will operate the Yuneec 

Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS 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, FLY SKY PHOTOGRAPHY, INC 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 Yuneec Q500 and Q500 4K Typhoons, 

Blade 350 QX3, and DJI Phantom 3 UAS 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 FLY SKY 

PHOTOGRAPHY, INC to safely, efficiently, and economically operate the Yuneec Q500 

and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS commercially within 

the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA
30

Modernization and Reform Act of 2012, Section 333, FLY SKY PHOTOGRAPHY, INC 

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 FLY SKY 

PHOTOGRAPHY, INC to operate the Yuneec Q500 and Q500 4K Typhoons, Blade 350 

QX3, and DJI Phantom 3 UAS commercially for the purpose of conducting aerial video 

and photography over certain areas of the United States.

Dated: January 6, 2016

Respectfully submitted,

Robert C. Patterson

President

Fly Sky Photography, Inc.

465 Market St.

Beaver, PA 15009

412-449-9359

flysky@weflysky.com
31

Appendices:

A – Links to UAS User/Operating Manuals::

Yuneec Q500 Typhoon Manual: Click link below

https://www.yuneec.com/download/manuals/typhoon_q500_instruction_manual_v2.1.pdf

Yuneec Q500 4K Typhoon Manual: Click link below

https://www.yuneec.com/download/manuals/q500_4k_user_manual.pdf

Blade 350 QX3 Manual: Click link below

http://www.bladehelis.com/ProdInfo/Files/BLH8100-Manual-EN.pdf

DJI Phantom 3 Manual: Click on link below

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.0_en.pdf