UNITED STATES OF AMERICA DEPARTMENT 

OF TRANSPORTATION FEDERAL AVIATION 

ADMINISTRATION WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Jacob Bukowski with SkyCinemaPro

FOR AN EXEMPTION SEEKING RELIEF 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 DJI Phantom 3 and DJI Inspire 1 UNMANNED AIRCRAFT 

SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on February 4th

Jacob Bukowski

 SkyCinemaPro

940 N Villa Nueva Dr.

 Litchfield Park, AZ 85340

SkyCinemaPro@gmail.com
Table of Contents

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 SKYCINEMAPRO SEEKS

EXEMPTION...........................................................................................................................7

THE EXTENT OF RELIEF SKYCINEMAPRO SEEKS AND THE SKYCINEMAPRO

SEEKS THE RELIEF

..................................................................................................................................................9

THE REASONS WHY GRANTING SKYCINEMAPRO’S REQUEST WOULD BE IN 

THE 

PUBLIC INTEREST..............................................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION 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 SKYCINEMAPRO’S 

REQUEST......................................................................................25

CONCLUSION..............................................................................................................................26
APPENDICES...............................................................................................................................27

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

 FC Flight Controller

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot in Command

 RC Remote Control

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

SO Safety Observer

SOP Standard Operating Procedure

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

SUMMARY

SKYCINEMAPRO seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) (b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

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

Modernization and Reform Act of 2012 (FMRA). This exemption request, once granted would 

allow the petitioner to operate a small unmanned aerial vehicle (sUAV), unmanned aircraft 

system (UAS) to conduct bridge Inspections, flare stack inspection, utility-power generation 

system inspections and patrolling, aerial inspection, photography and videography of residential 

and commercial real estate, weddings, aerial inspection, photography and videography of utility 

infrastructure including but not limited to electrical power lines, wind turbines and cell towers, 

pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision 

agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect 

control, aerial surveying, construction site inspection and monitoring, public entity support 

operations, Aerial imaging for safety, monitoring and comparing work efforts and completion 

percentages, and security of controlled environment of various sites, aerial video and live video 

feed to assist with search and rescue operations under the authority and support of local authority 

officials, aerial video and photography for public and private use including television, public 

events, and cinematography live feed and live newsgathering, training to persons individually or 

belonging to both private and public organizations to increase awareness and improve safety for 

current and future UAS operations within the NAS, special events: including high schools, 

colleges, professional sports, open air events and fairs, research, risk management and 

assessment, motion picture production, surface mining, closed set filming, disaster and 

catastrophe events.

INTRODUCTION AND INTERESTS OF THE PETITIONER

SkyCinemaPro has been in the hobbyist phase for over a year, now looking to take the 

hobby to a whole new level SkyCinemaPro looks to become a commercial business. The 

objective of SkyCinemaPro’s aerial video and photography operations is to provide high 

quality imaging for a variety of promotional, wedding, commercial, public, and residential 

uses, specifically targeting:

• Production and Motion Picture Filming

• Television/Film

• Wedding Videography and Photography

• Real Estate Videography and Photography

• Land and Construction Surveying

• Increase public knowledge of UAS

• Provide training and promote safe UAS operations for resale of DJI products 

by doing promotional and training videos and flight demonstrations.
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 and DJI Inspire 1 UASs

 SkyCinemaPro seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 3 and DJI Inspire 1 are 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 3 pounds, while having a 

length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of 

approximately 31 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, 

a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. 

The DJI Phantom 3, and DJI Inspire 1 UAV’s are equipped with four main rotors; driven 

by Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, SkyCinemaPro, pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 3 and DJI Inspire 1 UAS’s 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, SkyCinemaPro’s operation of DJI Phantom 3 and DJI 

Inspire 1, UAS’s 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, SkyCinemaPro 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.

SkyCinemaPro submits that the requested relief is proper since an equivalent level of 

safety will be ensured. SkyCinemaPro will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS’s using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom 3 and DJI Inspire 1 Instruction Manuals).

Furthermore, SkyCinemaPro will document and maintain all maintenance records for the DJI 

Phantom 3 and DJI Inspire 1 UAS’s.

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

privileges and limitations: Pilot in command, is requested by SkyCinemaPro 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 flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 and DJI 
Inspire 1 UAS’s in a manner consistent with this exemption, including evasive and emergency 

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

SkyCinemaPro seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 and DJI Inspire 1 UAS’s do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, SkyCinemaPro submits that he will 

ensure that the DJI Phantom 3 and DJI Inspire 1 UAS’s are in an airworthy condition, prior to 

every flight, by determining that the UASs are in compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manuals), and that 

the aircrafts are in a condition for safe flight.

SkyCinemaPro also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 and DJI Inspire 1 UA’s will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 and DJI 

Inspire 1 UA’s 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 SkyCinemaPro’s 

operation of the DJI Phantom 3 and DJI Inspire 1 UAS’s within visual line of sight, at or below 

400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, SkyCinemaPro seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. SkyCinemaPro submits that 

safety will not be affected by operation of the DJI Phantom 3 and DJI Inspire 1 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 13 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, SkyCinemaPro provides the following 

information in support of its petition for exemption:

A. Name And Address Of The Petitioner:

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

Jacob Bukowski

SkyCinemaPro
940 N Villa Nueva Dr.

Litchfield Park, AZ

602-785-8659

B. The Specific Sections Of 14 C.F.R. From Which SkyCinemaPro seeks Exemption.

1. SkyCinemaPro 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. SkyCinemaPro 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. SkyCinemaPro Seeks Exemption From The Requirements Of Section 91.121.

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

part:

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

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

operating--

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

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

100 nautical miles of the aircraft;

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

this section, the current reported altimeter setting of an appropriate 

available station; or

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

departure airport or an appropriate altimeter setting available before 

departure.
4. SkyCinemaPro 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. SkyCinemaPro 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. SkyCinemaPro Seeks Exemption From The Requirements Of Section 

91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

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

maintenance, rebuilding, or alteration unless--

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

this chapter[.]

7. SkyCinemaPro 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. SkyCinemaPro Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

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

following:

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

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

paragraph (b) of this section:

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

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

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

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

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

work performed; and

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

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

for return to service. 

(2) Records containing the following information:

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

each rotor.

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

rotor, and appliance.

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

required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained.

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

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

directive number and revision date. If the AD or safety directive 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 SkyCinemaPro Seeks And The Reason SkyCinemaPro Seeks 

The Relief.

1. Extent Of Relief SkyCinemaPro Seeks And The Reason SkyCinemaPro Seeks 

Relief From Section 61.113(a) And (b).

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

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

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

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

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state 

That a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire.

As set forth more fully below, SkyCinemaPro submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 and 

DJI Inspire 1 UAS’s unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom 3 and DJI Inspire 

1 UASs 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, SkyCinemaPro submits that all flights of the DJI Phantom 3 and DJI Inspire 

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

SkyCinemaPro’s business; and (2) will not carry passengers or property for compensation or 

hire.
2. Extent of Relief SkyCinemaPro Seeks And The Reason SkyCinemaPro 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 SkyCinemaPro to determine that the DJI Phantom 3 and DJI Inspire 1 UAS’s 

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

the operating documents (i.e., the SkyCinemaPro Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manuals).

SkyCinemaPro seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1

UAS’s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. Therefore, SkyCinemaPro will ensure that the DJI Phantom 3 and DJI Inspire 1

UAS’s are in airworthy condition based upon its compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manuals) prior 

to every flight, and further, determine that the aircraft are in condition for safe flight, as stated 

in the conditions and limitations below.

3. Extent Of Relief SkyCinemaPro Seeks And The Reason SkyCinemaPro

Seeks Relief From Section 91.121.

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

operations of the DJI Phantom 3 and DJI Inspire 1 UAS’s, 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), SkyCinemaPro seeks the requested relief because the DJI

Phantom 3 and DJI Inspire 1 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 

DJI Phantom 3 and DJI Inspire 1 UA’s 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 SkyCinemaPro Seeks And The Reason SkyCinemaPro

Seeks Relief From Section 91.151(b).

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

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

Inspire 1 UA’s during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 5.5 minutes. SkyCinemaPro seeks 

the requested relief because without an exemption from Section 91.151(b), the flight time 

duration of the battery powered DJI Phantom 3 and DJI Inspire 1 UA’s will severely constrain 
the practicality of any aerial video or still photo flight operations that SkyCinemaPro proposes to 

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI 

Phantom 3, and DJI Inspire 1 UAS’s, the DJI Phantom 3 and DJI Inspire 1 operating documents, 

and SkyCinemaPro’s proposed operating limitations, ensure that SkyCinemaPro will safely 

operate the battery powered DJI Phantom 3 and DJI Inspire 1 UA’s during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery 

power to fly for a total duration of 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 5.5 minutes.

5. Extent Of Relief SkyCinemaPro Seeks And The Reason SkyCinemaPro

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, SkyCinemaPro requests relief from these 

Sections because the DJI Phantom 3 and DJI Inspire 1 UAS’s do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 and DJI Inspire 1 UAS’s meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

SkyCinemaPro will use trained technicians to perform maintenance, alterations, or preventive 

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

operating documents (i.e., the SkyCinemaPro Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manuals). Furthermore, 

SkyCinemaPro will document and maintain all maintenance records for the DJI Phantom 3 and 

DJI Inspire 1 UASs.

D. The Reasons Why Granting SkyCinemaPro’s 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 

SkyCinemaPro to safely, efficiently, and economically perform aerial video and photography 
for wedding films, real estate, special events, film sets, and landscape over certain areas of 

the United States. Furthermore, allowing the petitioner to conduct inspections of pipe lines, 

power lines, and other requested operations will increase safety and lower cost of having 

these operations done dramatically, doing this will increase safety of the public generously. 

Additionally, use of the DJI Phantom 3 and DJI Inspire 1 UAS’s will decrease congestion 

of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the 

benefits of SkyCinemaPro’s proposed operation of the DJI Phantom 3 and DJI Inspire 1 UAS’s 

will be realized without implicating any privacy issues.

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

The DJI Phantom 3 and DJI Inspire 1 UA’s 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 a DJI Phantom 3 and DJI Inspire 1 UAS’s would reduce the 

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

safety of life and property in the air and on the ground.

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

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

Phantom 3 and DJI Inspire 1 UA’s 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 DJI Phantom 3 

and DJI Inspire 1 UAS’s.

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 1 UAS’s, 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 DJI Phantom 3 and DJI Inspire 1

UAS’s 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 DJI Phantom 3 and DJI Inspire 1 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 DJI Phantom 3 and DJI Inspire 1 UASs to perform aerial acquisitions, the 

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

traditional manned aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI 

Phantom 3 and DJI Inspire 1 UAs (weighing approximately only 2 pounds 11 ounces to 24 

pounds respectively, at their maximum gross weights, with lengths of 16 inches to 53 inches 

respectively, widths of 16 inches to 53 inches respectively, and with no fuel on board), has less 

physical potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a 

fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 

and DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 and DJI Inspire 1 UASs are 

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

such, operation of the DJI Phantom 3 and DJI Inspire 1 UASs will allow United States based 

companies, like SkyCinemaPro, to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection 

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated 

companies must adopt new and alternative technology in order to remain competitive. Operating 

the battery powered DJI Phantom 3 and DJI Inspire 1 UASs is one such technology that not only 

allows companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 and DJI Inspire 1 UASs, companies such as 

SkyCinemaPro, can remain competitive and profitable, and therefore, provide greater job 

stability to employees and contractors, which will ultimately contribute to growth of the U.S. 

economy. Improved financial performance of U.S. companies, through commercial use of the 

DJI Phantom 3 and DJI Inspire 1 UASs, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States and abroad.
4. There Are No Privacy Issues.

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

decades, SkyCinemaPro’s proposed operation of the DJI Phantom 3 and DJI Inspire 1 UASs 

will not implicate any privacy issues. Specifically, the DJI Phantom 3 and DJI Inspire 1

UASs will be operated only in compliance with operating documents (i.e., the SkyCinemaPro

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1

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 SkyCinemaPro Seeks Exemption.

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 UASs 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, SkyCinemaPro’s operation of the DJI Phantom 3 and 

DJI Inspire 1 UASs 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

(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, SkyCinemaPro submits that the DJI Phantom 3 and DJI 

Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 and DJI Inspire 1 UASs; (b) the 

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

a. The Specifications Of The DJI Phantom 3 and DJI Inspire 1 UASs 

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and DJI Inspire 1 UASs do not create a hazard to users of the 

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

speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3, DJIInspire 1 UASs.

The technical specifications of the DJI Phantom 3 and DJI Inspire 1 UASs are set 

forth by the DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet, attached 

hereto as Appendices A, B, C, and D.

ii. The DJI Phantom 3 and DJI Inspire 1 UASs 

Autonomous Flight And Navigation Modes Enable The UASs To 

Remain Within A Defined Operational Area.

The DJI Phantom 3 and DJI Inspire 1 UASs may be operated in both manual and fully 

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

DJI Phantom 3 and DJI Inspire 1 UASs is provided at pages 25-35 of the page 11-14 of the 

DJI Phantom 3, pages 12-16 and 45-50 of the DJI Inspire 1, and pages 23, 30-31 and 33-37 

User Manuals, attached hereto as Appendices A, B, C, and D.
iii. The DJI Phantom 3 and DJI Inspire 1, UASs Are 

Designed For Automatic Return To Home Point Or Hover In The 

Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 and DJI Inspire 1 UAs will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 and DJI 

Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the 

Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via 

GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI UAS are set forth at pages 

27-29, pages 12-14 for the DJI Phantom 3, pages 13-15 for the DJI Inspire 1 attached hereto 

as Appendices A, B, C, and D.

b. Flight Operations Of DJI Phantom 3 and DJI Inspire 1 UASs Are 

Limited To The Line Of Sight Of A Certificated PIC With A Safety 

Observer.

SkyCinemaPro will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 and DJI 

Inspire 1 UASs. Additionally, a safety observer wills assist all pilots during flight time.

c. Flights Of DJI Phantom 3 and DJI Inspire 1 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, SkyCinemaPro proposes to commercially operate DJI 

Phantom 3 and DJI Inspire 1 UASs for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific operating 

limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less than 

55 pounds’ maximum gross weight: DJI Phantom 3 and DJI Inspire 1 UASs. 

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, photography and cinematography.

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. 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.

7. 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.

8. 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.

9. 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. 

10. 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.

11. 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.

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

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

13. 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.

14. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins.

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

action taken against discrepancies discovered between inspections.

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

class medical certificate.

17. 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.

18. 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.

19. 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.

20. The UA may not be operated less than 400 feet below or less than 2,000 feet 

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

PIC.

21. 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 COA exemption must be 

identified by serial number, registered in accordance with 14 C.F.R. part 47, and 

have identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

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.

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

operations and activities at all times.

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

31. Flight operations must be conducted at least 400 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 400 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.

SkyCinemaPro 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 DJI 

Phantom 3 and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 

3 and DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and 

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

and structures.

Considering SkyCinemaPro’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No.11062); and the 

airmanship skills necessary to safely operate the DJI Phantom 3 and DJI Inspire 1 UAS, 

SkyCinemaPro submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for SkyCinemaPro’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).

SkyCinemaPro will not allow any PIC to operate the DJI Phantom 3 and DJI Inspire

1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements 

DJI Phantom 3 and DJI Inspire 1 UAS training and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 or DJI Inspire 1 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 SkyCinemaPro’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 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, SkyCinemaPro will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 and DJI Inspire 1 UAS unless that PIC has demonstrated, by

meeting minimum flight-hour and currency requirements, that the PIC is able to safely 
operate the DJI Phantom 3 and DJI Inspire 1 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, SkyCinemaPro will ensure that the DJI Phantom 3 and DJI 

Inspire 1 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 DJI Phantom 3 and DJI Inspire 1 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 SkyCinemaPro’s operation of the DJI

Phantom 3 and DJI Inspire 1 UAs within visual line of sight, at or below 400 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 UASs at ground level.

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 DJI Phantom 

3 and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, SkyCinemaPro will ensure that it will 

safely operate the battery powered DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours 

in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at least 

4.5 minutes.
Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 

and DJI Inspire 1 UASs; 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 DJI Phantom 3 and DJI Inspire 

1 UASs 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 DJI Phantom and DJI Inspire 1 UASs 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.

In seeking this exemption, SkyCinemaPro 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 

SkyCinemaPro will use trained technicians to perform maintenance, alterations, or preventive 

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

operating documents (i.e., the SkyCinemaPro Aerial Operations Manual, Monthly 

Maintenance

Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, SkyCinemaPro

will document and maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1

UASs.

Since the DJI Phantom 3 and DJI Inspire 1 UASs will be inspected as prescribed by 

the operating documents, SkyCinemaPro 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 DJI

Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Appendices A, B, and C;

a copy of the DJI and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Appendix 

E.

Likewise, the exemption sought will not adversely affect safety because 

SkyCinemaPro 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 DJI
Phantom 3 and DJI Inspire 1 UASs 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 SkyCinemaPro’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 and DJI Inspire 1 UASs, 

SkyCinemaPro 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).

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, SkyCinemaPro requests that the 

FAA prescribe special conditions for the intended operation of the DJI Phantom 3 and DJI 

Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 

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

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation 

of the UAs for the limited purpose of conducting aerial video and photography over certain 

areas of the United States for compensation or hire. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security; and further, provides the authority for 

such UAS to operate without airworthiness certification in accordance with any requirements 

that must be established for the safe operation of the UAS in the NAS.

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

§ 21.16, for operation of the DJI Phantom 3 and DJI Inspire 1 UASs, 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 Jacob Bukowski, with SkyCinemaPro intended operation 

of the DJI Phantom 3 and DJI Inspire 1 UASs 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).

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

Rules From Which SkyCinemaPro Seeks Exemption:

SkyCinemaPro 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 SkyCinemaPro Seeks:

This exemption will permit SkyCinemaPro to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose to conduct bridge Inspections, flare stack inspection, utility-power 

generation system inspections and patrolling, aerial inspection, photography and videography of 

residential and commercial real estate, weddings, aerial inspection, photography and 

videography of utility infrastructure including but not limited to electrical power lines, wind 

turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and 

videography, precision agriculture with on board sensors, wildlife and forestry monitoring and 

mosquito and insect control, aerial surveying, construction site inspection and monitoring, 

public entity support operations, Aerial imaging for safety, monitoring and comparing work 

efforts and completion percentages, and security of controlled environment of various sites, 

aerial video and live video feed to assist with search and rescue operations under the authority 

and support of local authority officials, aerial video and photography for public and private use 

including television, public events, and cinematography live feed and live newsgathering, 

training to persons individually or belonging to both private and public organizations to 

increase awareness and improve safety for current and future UAS operations within the NAS, 

special events: including high schools, colleges, professional sports, open air events and fairs, 

research, risk management and assessment, motion picture production, surface mining, closed 

set filming, disaster and catastrophe events.

Any Additional Information, Views, Or Arguments Available To Support

SkyCinemaPro’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, SkyCinemaPro’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, SkyCinemaPro will operate the DJI Phantom 3 and DJI 

Inspire 1 UASs 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, SkyCinemaPro seeks an exemption pursuant to 14 C.F.R. § 11.61 

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

permit safe operation of the DJI Phantom 3 and DJI Inspire 1 UASs 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 SkyCinemaPro to safely, 

efficiently, and economically operate the DJI Phantom 3 and DJI Inspire 1 UASs 

commercially within the NAS.

Wherefore, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, SkyCinemaPro 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 SkyCinemaPro to operate the DJI Phantom 3 and DJI 

Inspire 1 UASs commercially for the purpose of conducting aerial video and photography 

over certain areas of the United States.

Respectfully submitted,

SkyCinemaPro

_______________________________

Jacob Bukowski

SkyCinemaPro

940 North Villa Nueva Dr.

Litchfield Park, AZ 84115
602-785-8659

A – DJI Phantom 3 Specifications Data Sheet 

B – DJI Inspire 1 Specifications Data Sheet

C – DJI Phantom 3 Manufacturer’s User Manual

D – DJI Inspire 1 Manufacturer’s User Manual 

E – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

SkyCinemaPro only utilizes safe and reliable UASs. DJI is an industry leader in small 

UAS production. DJI UASs are loaded with ground breaking software enabling the user to 

set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight 

to a predetermined and set distance. In addition, DJI software provides real-time altitude 

and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3

APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

SkyCinemaPro only utilizes safe and reliable UASs. DJI is an industry leader in small 

UAS production. DJI UASs are loaded with ground breaking software enabling the user to 

set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight 

to a predetermined and set distance. In addition, DJI software provides real-time altitude 

and location information to the PIC via the linked monitor (smart phone/tablet devices)

2.1 DJI Inspire 1




APPENDIX – C

DJI Phantom 3 Manufacturer’s User Manual
APPENDIX – D

DJI Inspire 1 Manufacturer’s User Manual
APPENDIX – E MONTHLY 

MAINTENANCE LOG