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

C ODE 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 Typhoon s , Blade 350 QX3, and DJI Phantom 3 UNMAN NED 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 Fly Sky@weflysky.com2 **TABLE OF CONTENTS**

Page

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

SUMMARY.................................................

............................................. ........................4

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

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

BASIS FOR P ETITION....................................................................................................5

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WH ICH 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 R ELIEF........ ........................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,

I NC 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 PHOTOGR APHY, INC ’S REQUEST.......................... ..............25

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

APPENDICES......... ................................................................................ 263 **GLOSSARY OF ABBR EVIATIONS** 

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 F ederal 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 Sear ch

- 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 Landing4 **SU MMARY** 

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 System s ( Yuneec Q500

and Yuneec Q500 4K Typhoon s, 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 site s, 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 ha s for over five years been avid photo graph ers and videograph ers; and UAS h obbyists 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

, owni ng a computer

service business

. We have dazzled our friends and bus iness 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 350QX 3, and the DJI Phantom 3. FLY SKY PHOTOGRAPHY, INC wish es 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 ha ve safely flown small RC elec tric 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 Yu neec Q500 Typhoon is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station5 (GCS) utilizing electronic tablet or smart phone systems. The Yuneec Q500 Typhoon has a maximum gross weight of approximately 2. 55 lb s . while havi ng a diagonal

dimension of 2 2. 2”, a maximum speed of approximately 1 8 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 th at 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 Registr ation 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 lb s . 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,

IN C 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: Bla de 350 QX3 , UAS

FLY SKY PHOTOGRAPHY, INC seeks an exemption to operate Blade 350 QX3 system for compensation or hire within the NAS. The Bla d e 350 QX3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utiliz ing electronic tablet or smart phone systems. The Blade 350 QX3 has a maximum gross weight of approximately 2. 1 lb s . while having a diagonal dimension of 2 2

. 8 ”, a maximum speed of approximately 1 0 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 1 4 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.6 Unmanned Aircraft Systems: DJI Phantom 3, UAS

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

fo r 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 a pproximately 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,

Ident ification 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 a nd 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 air worthiness 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, o r 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 Manual s ). Furthermore, FLY SKY

P HOTOGRAPHY, INC will document and maintain all maintenance records for the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS.7 Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitat ions: 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 m inimum flight

- h our 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 maintaini ng 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 d o 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 Manual s ), and that the aircraft a re 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 lin e 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 acc ordance 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.**8 The name and address of the Petitioner and point of contact is:

Robert C. Patter son 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 PHO TOGRAPHY, 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 pilo t 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 air worthy 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:9 (a) Each person operating an aircraft shall maintain t he 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 with in 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 air craft 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, enti tled 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 requir ed , 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 sec tion, 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,

reb uilding, or alteration , subsection (a)(1), states the following:10 (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.11 (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 in stalled 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 a nd 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 dire ctive

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, propeller s, 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 f or 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 Reli ef.** 

**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).** 12 Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command , is requ ested 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 o perations 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 e ither 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 distanc es 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) wi ll 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 Instructi on 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

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

and Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3 DJI Phantom 3) prior to13 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 ba rometric 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 operati ons 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 zer o 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 An d 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 Q 500 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 F LY 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 PHOTOGRAP HY, 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 in14 visual meteorological conditions (VMC), u nder 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 Q 500 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 Manual s ). Furthermore, FLY SKY PHOTOGRAPHY, INC will

document and main tain 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

si gnificant 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 Publi c 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 would15 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 depar ting 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 i n 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 v iable 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 Y uneec 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 combust ion 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 air craft 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 2 2 .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 typ ically 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 and16 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 t he 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, a nd 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, Blad e 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 St ates 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 Q5 00 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 S AR technology including heat

scanning 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 a n 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 th e manned aerial acquisition flight operations that have been conducted for decades, FLY SKY PHOTOGRAPHY, INC’s proposed operation of the Yuneec Q50017 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 UAS will not implicate any privacy issues. Specifica lly, 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 Typho ons, 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 accord ance 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

Secret ary 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 thi s 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, operation al 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; and18 (2) whether a certificate of waive r, 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 Se cretary 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 Demon**  **strate 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, an d 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 b y the Yuneec Q500 and Q500 4K Typhoons, Blade 350 QX3, and DJI Phantom 3 User Manual s , 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** 

**Withi n 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

m anual s, attached hereto as Appendix A.

**iii. The Yuneec Q500 and Q500 4K Typhoons, Blade 3**  **50 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.**19 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 t he 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 se t 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 complet e 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 Ty phoons, 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 exempt ion 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 ope rations 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.20 3. The UAS may not be flown at a n 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 specifi ed 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 ai r 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 re vised 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 ba sis 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 main tenance has been performed and the UAS is found to be in a condition for safe flight. The Ground21 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 ent ry 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 docume nts. 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 in spections.

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 demons trates 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 q ualification 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 de dicated 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 acco rdance 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 m ade 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 aeron autical 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 t o 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 Notic e 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 poten tial 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 (N

Number) markings in accordance with 14 C.F.R. part 4 5, 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 ov ersight 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 o r 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 p rotect 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 ar e 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 ma de 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 pe rsons 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 (A FS

- 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 S ection 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

o perate 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 UA S 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 operati ng 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 and24 Q50 0 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, 110 66, 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 ha s 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 logg ed, 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 addi tion 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 applicab le 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

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

a ccumulated and logged, in a manner consistent with 14 CFR 6 1.51(b), 25 hours of

t otal 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 p ilot 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 find s 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’s25 proposed operations. The FAA also finds that prior documented flight exper ience 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 train ing, 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 n ot 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 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.

**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 Se ction 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 Secti on 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, 1116 1).

**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 est ablished 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 voltag e, 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 descen d 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 be en 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 E xemption 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 t o 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, alteratio ns, 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 Q X3, and DJI Phantom 3 Instruction

Manual s ). 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.

Lik ewise, 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 t he 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 docum ents, 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, 1 1110, 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 t he 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 consideri ng 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 th at 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, s ince 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 fin ds 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, h e 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 necess ary 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 in tended 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, S ubpart 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**  **i n**  **t he Federal Register, stating:** 

**The Rules From Which FLY SKY PHOTOGRAPH Y, 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 Natu re 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 Transpo rtation 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 fort h 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 d iscussed 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 nation al 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 FAA30 Modernization and Reform Act of 2012, Section 333, FLY SKY PHOTOGRAPHY, INC respectfully requests tha t 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 ope rate 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. Pat terson

President Fly Sky Photography, Inc.

465 Market St.
Beaver, PA 15009

412

- 449

- 9359 flysky@weflysky.com31 Appendices:

A

– Link s 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.co m/ProdInfo/Files/BLH8100

- Manual

- EN.pdf

**DJI Phantom 3 Manual:** Click on link below http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.0_en.pdf