1

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION 

OF: Blue Skies Ahead, Inc.

FOR AN EXEMPTION SEEKING RELIEF FROM THE 

REQUIREMENTS OF TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONSSECTIONS 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 Advanced AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95) Submitted On May 29, 2015

Blue Skies Ahead, Inc.

Jeffrey Thomas. Louwers

1665 Morningside Dr.

Merritt Island, FL 32952

440-289-2634
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TABLE OF CONTENTS 

 PAGE

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

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

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

BACKGROUND.............................................................................................. 5

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

NAME AND ADDRESS OF PETITIONER............................................. 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BLUE SKIES 

AHEAD, INC. SEEKS EXEMPTION .................................................8

THE EXTENT OF RELIEF BLUE SKIES AHEAD, INC. SEEKS

AND THE REASON JEFFREY THOMAS LOUWERS SEEKS THE

RELIEF............................................................................................................ 12

THE REASONS WHY GRANTING BLUE SKIES AHEAD, INC. REQUEST

WOULD BE IN THE PUBLIC INTEREST............................................. 16

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY................................................................ l9

SUMMARY THAT CAN BE PUBLISHED 

IN THE FEDERAL REGISTER....................................................... 36

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT BLUE SKIES AHEAD, INC.

REQUEST ................................................................................. 34

CONCLUSION................................................................................................... 37

APPENDICES ................................................................................................... 39
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GLOSSARY OF ABBREVIATIONS

AGL 

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS

NOT AM

PIC

Section 333

SO

SOP

UA

UAS

VFR

VLOS

VMC

VTOL

Above Ground Level

Area of Interest

Air Traffic Control

Air Traffic Organization

Aerial Vehicle

Code of Federal Regulations

Certificate of Authorization

Federal Aviation Administration

Federal Aviation Regulation

Ground Control Station

Global Positioning System

Loss of Link

National Airspace System

Notice to Airman

Pilot In Command

FAA Modernization and Reform Act of2012 (FMRA) Section 333

Safety Observer

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing
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Summary

Blue Skies Ahead, Inc. a Florida corporation 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)(l) & 

(a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft 

System pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA). This exemption will permit Blue 

Skies Ahead, Inc. to operate an Unmanned Aircraft System 

(UAS) for the commercial purpose of conducting aerial video 

and photography of construction sites, real estate, and landscape

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE

PETITIONER

Jeffrey Thomas Louwers has been an air transport pilot (ATP) 

for over twenty years and is currently full time employed by a 

major airline. He has over 5 years recreational/hobby experience 

in all aspects of aerial video and photography. The objective of 

Blue Skies Ahead, Inc. aerial video and photography operations 

is to provide high quality imaging for a variety of commercial, 

public, and residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Search & Rescue Operations

• Aerial acquisitions used for inspections of public and private 

structures.
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advanced

Blue Skies Ahead, Inc. seeks an exemption to operate DJI

Phantom 3 Advance for compensation or hire within the NAS. 

The DJI Phantom 3 Advanced is a 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 Advance has a maximum gross weight of 

approximately 2 pounds 11 ounces, while having a length of 16 

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

speed of approximately 29 knots.

The Phantom 3 Advanced are equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Advanced UA that will be operated by Blue 

Skis Ahead, Inc. will be registered in accordance with 49 U.S.C. 

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, 

Aircraft Registration, and marked in accordance with 14

C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Blue Skies Ahead, 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 

DJI Phantom 3 Advanced UASs in the National Airspace 

System (NAS), and for an exemption from the 5 requirements of 

I4 C.F.R §§ 6l.II3(a) & (b), 91. 7(a), 9l.I2I, 9l.I5I (b), 9I.405(a),

9I.407(a)(I ), 9I.409(a)(I) & (a)(2), and 91.4I7(a) & (b).
6

In consideration of the speed, weight, size, and limited operating 

area associated with the unmanned aircraft and its operation, 

Blue Skies Ahead, Inc. and DJI Phantom 3 Advanced UAS 

meets the conditions of FMRA Section 333 and therefore, will 

not require an airworthiness certificate in accordance with 14 

C.F .R. Part 2I, Subpart H.

Accordingly, Blue Skies Ahead, Inc. requests relief from 

Sections 91.405(a), 9I.407(a)(I), 91.409(a)(l) & (a)(2), and 

91.4I7(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness 

certificate.

Blue Skies Ahead, Inc. submits that the requested relief is proper 

since an equivalent level of safety will be ensured. Blue Skies 

Ahead will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the 

UASs using the methods, techniques, and practices prescribed in 

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

DJI Phantom 3 Advanced Instruction Manual. Furthermore, 

Blue Skies Ahead, Inc. will document and maintain all 

maintenance records for the DJI Phantom 3 Advanced UAS.

Relief from certain requirements of Section 61.1I3(a) and (b), 

entitled Private pilot privileges and limitations: Pilot in 

command, is requested by Blue Skies Ahead, Inc. to the extent 

necessary to allow a Pilot in Command (PIC) holding a private 

pilot or higher level certificate, as well as an airman medical 

certificate, and who has demonstrated, by meeting minimum 

flight- hour and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 3 Advanced UAS in a manner 

consistent with this 6 exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. Blue Skies Ahead, 
7

Inc. seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 3 Advanced UAS does

not require an airworthiness certificate in accordance with 14 

C.F .R. Part 21, Subpart H. As such, Blue Skies Ahead, Inc.

submits that he will ensure that the DJI Phantom 3 Advanced 

UAS is 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 DJI Phantom 3 

Advanced (Instruction Manual), and that the aircraft is in a 

condition for safe flight. Blue Skies Ahead, Inc. seeks an 

exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 Advanced will not have 

a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 3 Advanced altitude 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 Jeffrey 

Thomas Louwers operation of the DJI Phantom 3 Advanced

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

a level of safety equivalent to Section 91.121.

Additionally, Jeffrey Thomas Louwers seeks an exemption from 

the requirements of Section 91.151(b), entitled Fuel 

requirements/or flight in VFR conditions. Jeffrey Thomas 

Louwers submits that safety will not be affected by operation of 

the DJI Phantom 3 Advanced UA during daylight hours in visual 

meteorological conditions (VMC) 7 under visual flight rules 

(VFR), with enough battery power to fly for a total duration of

approximately 19 minutes to the first point of intended landing 

and, assuming normal

cruising speed, to fly after that for at least 4.0 minutes.
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In accordance with 14 C.F.R. § 11.81, Blue Skies Ahead, Inc.

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:

Blue Skies Ahead, Inc.

Jeffrey Thomas Louwers

1665 Morningside Dr.

Merritt Island, FL 32952

440-289-2634

embcaptn@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Blue 

Skies Ahead, Inc. Exemption. 1. Blue Skies Ahead, Inc. 

Seeks Exemption From The Requirements Of Section 

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: 

Pilot in command, subsections (a) and (b) prescribe the 

following, in relevant part: (a) No person who holds a private 

pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation 

or hire; nor may that person, for compensation or hire, act as 

PIC of an aircraft. (b) A private pilot may, for compensation or 

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

employment if- (1) The flight is only incidental to that business 

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

property for compensation or hire 2. Blue Skies Ahead, Inc. 

Seeks Exemption From The Requirements Of Section 91.7a
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Section 91.7a, 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. Blue Skies Ahead, Inc. 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 1 00 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph 

(a)(l)(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. Blue Skies Ahead, Inc. Seeks Exemption From The 

Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR 

conditions, subsection

(b), states the following:

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

conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly 

after that for at least 20 minutes.

5. Blue Skies Ahead, Inc. Seeks Exemption From The 

Requirement Of Section 91.405a.
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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. Blue Skies Ahead, Inc. Seeks Exemption From The 

Requirements Of Section 91.407(a)(l)

Section 91.407, entitled Operation after maintenance, 

preventive maintenance, rebuilding, or alteration, subsection 

(a)(l), 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 §

4 3. 7 of this chapter[.]

7. Blue Skies Ahead, Inc. Seeks Exemption From The 

Requirements Of Sections 91.409(a)(l) 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 § 4 3. 7 of this chapter; or (2) An inspection for 

the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter. 8. Blue Skies Ahead, 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 
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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
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prescribed: (1) The records specified in paragraph (a)(l) of this 

section shall be retained until the work is repeated or superseded 

by other work or for 1 year after the work 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 Blue Skies Ahead, Inc. And The 

Reason Blue Skies Ahead, Inc. Seeks The Relief.

1. Extent Of Relief Blue Skies Ahead, Inc. Seeks And The 

Reason Blue Skies Ahead, Inc. 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, Blue Skies 

Ahead, Inc. submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI 

Phantom 3 Advanced UAS unless that PIC has met certain 
13

flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate DJI Phantom 3 Advanced UAS in a 

manner consistent with the operations specifications as 

described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures. Further, Blue Skies 

Ahead, Inc. submits that all flights of the DJI Phantom 3 

Advanced UAS, conducted by the PIC pursuant to the grant of 

this Petition: (1) will be incidental to Blue Skies Ahead, Inc.

business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent of Relief Blue Skies Ahead, Inc. Seeks And The 

Reason Blue Skies Ahead, 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 Blue Skies Ahead, 

Inc. to determine that the Phantom 3 Advanced UAS is in

airworthy condition prior to every flight by ensuring that the

UAS is in compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Advanced 

Instruction Manual. Blue Skies Ahead, Inc. seeks the requested 

relief because the DJI Phantom 3 Advanced UAS does not 

require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, Blue Skies Ahead, Inc. will 

ensure that the DJI Phantom 3 Advanced UAS is in airworthy 

condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Advanced Instruction Manual prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as 

stated in the conditions and limitations below.
14

3. Extent of Relief Blue Skies Ahead, Inc. Seeks and The 

Reason Blue Skies Ahead, Inc. 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 

Advanced UAS, which utilize a, GPS equipment altitude 

reporting, 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), Blue 

Skies Ahead, Inc. seeks the requested relief because the

Phantom 3 Advanced UA 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 Advanced UAS is equipped with Altitude GPS 

reporting 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 UAS on the 

heads-up display of the GCS.

4. Extent Of Relief Blue Skies Ahead, Inc. And The Reason 

Blue Skies Ahead 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 Advanced 

during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), for a total duration of 
15

19 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4 minutes. 

Blue Skies Ahead Inc. seeks the requested relief because without 

an exemption from Section 91.151 (b), the flight time duration 

of the battery powered DJI Phantom 3 Advanced will severely 

constrain the practicality of any aerial video or still photo flight 

operations that Blue Skies Ahead Inc. proposes to conduct

pursuant to this Petition. Significantly, as set forth below, the 

technical specifications of the DJI Phantom 3 Advanced 

operating documents, and Blue Skies Ahead, Inc. proposed 

operating limitations, ensure that Blue Skies Ahead will safely 

operate the battery powered DJI Phantom 3 Advanced UA 

during daylight hours in visual meteorological conditions 

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

power to fly for a total duration of 19 minutes to the first point 

of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4 minutes.

5. Extent Of Relief Travis Lee Berry Seeks And The Reason 

Travis Lee Berry Seeks Relief From Sections 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 

91.417(a) & (b) only apply to aircraft with an airworthiness 

certificate, Blue Skies Ahead, Inc. requests relief from these 

Sections because the DJI Phantom 3 Advanced do not require 

airworthiness certificates. As set forth more fully below, the DJI 

Phantom 3 Advanced UAS meets the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. 

Accordingly, Blue Skies Ahead, Inc. 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., Ahead, Inc. 
16

Monthly Maintenance Log, and DJI Phantom 3 Advanced

Instruction Manual). Furthermore, Blue Skies Ahead, Inc. will 

document and maintain all maintenance records for the DJI 

Phantom 3 Advanced UAS.

The Reasons Why Granting Blue Skies Ahead, 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 Blue Skies Ahead to 

safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, and landscape 

over certain areas of the United States. Additionally, use of the 

DJI Phantom 3 Advanced will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of Blue Skies Ahead proposed 

operation of the DJI Phantom 3 Advanced UAS will be realized 

without implicating any privacy issues. 1. The Public Will 

Benefit From Decreased Congestion Of The NAS. The DJI 

Phantom 3 Advanced UA is 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 Advanced

UAS 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 Advanced UA 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 
17

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 Advanced UAS. Conducting aerial acquisitions 

with the DJI Phantom 3 Advanced 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 DJI Phantom 3 Advanced 

UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six 

cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. 

The DJI Phantom 3 Advanced UA, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, 

as the UA is propelled by battery powered electric motors, rather 

than an internal combustion engine. By using the DJI Phantom3 

Advanced UAS to perform aerial acquisitions, the substantial 

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

usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely

eliminated. A side from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 3 Advanced UA 

(weighing approximately 2 pounds 11 ounces), at its maximum 

gross weights with lengths of 16, width of 16 inches, and with 

no fuel on board), has less physical potential for collateral 

damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct similar 

operations weighing approximately 6,000 pounds with a 

wingspan of approximately 42 feet, a length of 34 feet, and a 
18

fuel capacity of 180 gallons). 3. Performing Aerial Video and 

Photography Operations With The DJI Phantom 3 Advanced 

UAS Will Benefit The Economy. In addition to being safe and 

efficient, the DJI Phantom 3 Advanced UAS is also an 

economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 

3 Advanced UAS will allow United States based companies, like 

Blue Skies Ahead, 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 Advanced 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 DJI Phantom 3 Advanced UAS, 

companies such as Blue Skies Ahead, Inc. can remain 

competitive and profitable, and therefore, provide greater job 

stability to employees and contractors, which will ultimately 

contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the 

DJI Phantom 3 Advanced UAS, provides a stable workforce that 

increases consumer spending; improves local, state, and federal 

tax revenues; and allows companies to invest in research and 

development in order to remain competitive both in the United 

States and abroad. 4. There Are No Privacy Issues. Similar to 

the manned aerial acquisition flight operations that have 

been conducted for decades, Blue Skies Ahead, Inc.

proposed operation of the DJI Phantom 3 Advanced UAS 
19

will not implicate any privacy issues. Specifically, Phantom 3 

Advanced UAS will be operated only in compliance with 

operating documents (i.e., the Blue Skies Ahead, Inc. Aerial 

Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Advanced Instruction Manual) 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 Blue Skies 

Ahead, Inc. Seeks Exemption. 1. Reasons Why The DJI 

Phantom 3 Advanced UAS Meet The Conditions Of The FAA 

Modernization and Reform Act of2012 (FMRA)

Section 333. In consideration of the size, weight, speed, and 

limited operating area associated with the unmanned aircraft and 

its operation, Blue Skies Ahead, Inc. operation of the DJI

Phantom 3 Advanced UAS meet the conditions of FMRA 

Section 333, and will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Section 333 

provides authority for a UAS to operate without airworthiness

certification and sets forth requirements for considering whether 

a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA 

Section 333 states the following, in part: (a) In General.--

Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment ofthis Act, the 

Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace 
20

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.--ln making the determination under subsection (a), the 

Secretary shall determine, at a minimum--

(I) 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(!). (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, Blue Skies Ahead, Inc. submits that 

the DJI Phantom 3 Advanced UAS can operate safely in the 

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

the characteristics of the DJI Phantom 3 Advanced UAS; (b) the 

pilot certification requirement; and (c) the specific operating

limitations. a. The Specifications Of The DJI Phantom 3 

Advanced UAS Demonstrate Its Safe Characteristics. The DJI 

Phantom 3 Advanced UAS does not create a hazard to users of 

the NAS or the public, or otherwise pose a threat to national 

security considering its size, weight, speed, and operational 

capability. i. Technical Specifications of The DJI Phantom 3 

Advanced UAS. The technical specifications of the Phantom 3
21

Advanced UAS are set forth by the DJI Phantom 3 Advanced 

Specifications and Data Sheet, attached hereto· as Exhibit A 

and B.

ii. The DJI Phantom 3 Advanced UAS Autonomous Flight 

And Navigation Modes Enable The UAS To Remain Within 

A Defined Operational Area. The DJI Phantom 3 Advanced

UAS 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 Advanced UAS is 

provided in the DJI Phantom 3 Advanced User Manuals, 

attached hereto as Exhibit A and B.

iii. The DJI Phantom 3 Advanced 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 Advanced UA will 

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

seconds, the DJI Phantom 3 Advanced UA does not reacquire 

control link data from the GCS, the UAs will assume that the 

Control Link is lost and the UAs will return to the home position 

(i.e., failsafe mode) via GPS, and will descend to the takeoff 

position and shutdown. A complete description of the Failsafe 

Functions of the DJI Phantom 3 Advanced UAS are set forth in 

the DJI Phantom 3 Advanced User Manuals, attached here to as 

Exhibit A and B.

iv. The DJI Phantom 3 Advanced GCS And Its Operation. A 

complete description of the operation and specifications of the 

DJI Phantom 3 Advanced GCS and flight control software is 

provided in the DJI Phantom 3 Advanced User Manual. DJI 

Phantom 3 Advanced User Manuals are attached here to as 

Exhibits A and B. b. Flight Operations Of DJI Phantom 3 

Advanced UAS is Limited To The Line Of Sight Of A 
22

Certificated Pilot in Command With A Safety Observer.

Blue Skies Ahead, Inc. 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. Additionally, a 

safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Advanced UAS Will Be

Conducted Pursuant To Specific Operating Limitations. In 

seeking this exemption, Blue Skies Ahead, Inc.proposes to 

commercially operate DJI Phantom 3 Advanced UAS for the 

special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific 

operating limitations:

1. Operations authorized by this grant of exemption will be 

limited to the following aircraft described in the operating 

documents, rotorcraft UASs weighing less than 55 pounds 

maximum gross weight: DJI Phantom 3 Advanced Unmanned 

Aircraft Systems. Proposed operations of any other aircraft will

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

2. UAS operations under this exemption will be limited to 

conducting operations for the purpose of aerial video and 

photography.

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 
23

lenses, as specified on the PIC's FAA-issued airman medical 

certificate. 

6. The use of first person view (FPV) by the PIC or safety 

observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO 

may be used to satisfy the VLOS requirement as long as the PIC 

always maintains VLOS capability. The SO and PIC must be 

able to communicate verbally at all times. Electronic messaging 

or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or 

her designation for the duration of the flight. The PIC must 

ensure that the SO can perform the functions prescribed in the 

operating documents.

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

the PIC with seeing and avoiding other air traffic and other 

ground based obstacles/obstructions and is not permitted to 

operate the camera or other instruments.

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

accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the grant of exemption 

and the procedures outlined in the operating documents, the

conditions and limitations contained in the grant of exemption 

take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating 

documents. It is the operator's responsibility to track such 

revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present 

updated and revised documents if it petitions for extension or 

amendment to the grant of exemption. If the operator determines
24

that any update or revision would affect the basis upon which 

the FAA granted the exemption, then the operator must petition 

for amendment to its grant of exemption. The FAA's UAS 

Integration Office (AFS-80) may be contacted if questions arise 

regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure 

that it is in a condition for safe flight. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft 

is prohibited from operating until the necessary maintenance has 

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

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

preflight inspection. All maintenance and alterations must be 

properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that 

affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test 

flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment, 

not already covered in the relevant sections of the operating

documents.

13. The operator must follow the UAS manufacturer's 

aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.

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

and record keeping requirements, in accordance with the 

operating documents. Maintenance, inspection, alterations, and 

status of replacement/overhaul component parts must be noted 

in the aircraft records, including total time in service, description
25

of work accomplished, and the signature of the authorized 

person returning the UAS to service.

15. Each UASs operated under this exemption must comply with 

all manufacturer Safety Bulletins.

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

record of the corrective action taken against discrepancies 

discovered between inspections.

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

at least a current third- class medical certificate.

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

PIC meets the operator's qualification criteria and demonstrates 

the ability to safely operate the UAS in a manner consistent with 

how the UAS will be operated under the exemption, including 

evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in ·a manner consistent 

with 14 C.F.R. § 61.51(b). Flights for the purposes of training 

the operator's PICs are permitted under the terms of the 

exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, 

and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC 

must operate the UA with appropriate distance from 

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

19. UAS operations may not be conducted during night, as 

defined in 14 C.F.R. § 1.1. All operations must be conducted 

under visual meteorological conditions (VMC). If flight at night 

is required, a special request will be made at the FAA office 

closest to proposed area of operations. Flights under special 

visual flight rules (SVFR) are not authorized.
26

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

airport reference point as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement with that airport's 

management is obtained, and the operation is conducted in 

accordance with a NOT AM as required by the operator's COA.

The letter of agreement with the airport management must be 

made available to the Administrator upon request.

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

than 2,000 feet horizontally from a cloud or when visibility is 

less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it 

must return to a predetermined location within the planned 

operating area and land or be recovered in accordance with the 

operating documents.

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

obstacles or emergencies in accordance with the operating 

documents.

24. The PIC is prohibited from beginning a flight unless 

(considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 25% battery power

remaining.

25. The operator must obtain an Air Traffic Organization (ATO) 

issued Certificate of Waiver or Authorization (COA) prior to 

conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to 

Airman (NOT AM) 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 A TO 

issued COA including class of airspace, altitude level and 

potential transponder requirements.
27

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 45, Subpart C. Markings must 

be as large as practicable.

27. Before conducting operations, the radio frequency spectrum 

used for operation and control of the UA must comply with the 

Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 

91.203 must be available to the PIC at the Ground Control 

Station of the UAS any time the UAS is operating. These 

documents must be made available to the

Administrator or any law enforcement official upon request.

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

manned aviation operations and activities at all times.

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

device or vehicle.

31. Flight operations must be conducted at least 500 feet from 

all nonparticipating persons (persons other than the PIC, SO, 

operator trainees or essential persons), vessels, vehicles, and 

structures unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event 

of an accident. The operator must ensure that nonparticipating 

persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 

500 feet of the UAS, 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 
28

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 controlledaccess 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.

Blue Skies Ahead, Inc. submits that the equivalent level of 

safety established by Section 61.113(a) and (b) will be 

maintained because no PIC will be allowed to operate the DJI

Phantom 3 Advanced 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 Advanced

UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.
29

Considering Blue Skies Ahead 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. 11 062); and

the airmanship skills necessary to safely operate the DJI 

Phantom 3 Advanced UAS, Blue Skies Ahead, Inc. submits that 

the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills 

necessary for Blue Skies Ahead, Inc. 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,

1136,11138,11150,11153,11156,11158,11159,11160, 11161).

Blue Skies Ahead, Inc. will not allow any PIC to operate the DJI 

Phantom 3 Advanced UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour requirements or the DJI Phantom 

3Advanced UAS training and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3 Advanced UAS 

in 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 
30

Exemption Nos. II 062, 11138, and 11153, prior documented 

flight experience that was obtained in compliance with 

applicable regulations will ensure an equivalent level of safety 

during Blue Skies Ahead, Inc. 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. II 062, 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 I 0 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 
31

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, Blue Skies Ahead, Inc. will ensure safe operations 

by not allowing any PIC to operate the DJI Phantom 3 

Advanced 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 Advanced 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, Blue Skies 

Ahead will ensure that the DJI Phantom 3 Advanced 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 
32

Phantom 3 Advanced 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 Blue Skies Ahead, Inc. operation of the DJI

Phantom 3 Advanced 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 UAS 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 Advanced

UASs (2) the limitations on the proposed flight operations; and 

(3) the location of the proposed flight operations. Accordingly, 

Blue Skies Ahead will ensure that it will safely operate the 

battery powered DJI Phantom 3 Advanced UAS during daylight 

hours in VFR conditions, with enough battery power to fly for a 

total duration of 19 minutes to the first point of intended landing 

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

4.0 minutes.

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

the DJI Phantom 3 Advanced UAS; the limitations on the 
33

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 Advanced 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 Vision+ 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)(l), 91.409(a)(l) & (a)(2), And 

91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Blue Skies Ahead 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)(l ), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b) will be met because Blue Skies Ahead, Inc. will 
34

use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, 

techniques, and practices prescribed in the operating documents 

(DJI Phantom 3 Advanced Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Advanced Instruction 

Manual). Furthermore, Blue Skies Ahead Inc. will document 

and maintain all maintenance records for the DJI Phantom 3 

Advanced UAS. Since the DJI Phantom 3 Advanced UAS will 

be inspected as prescribed by the operating documents, Blue 

Skies Ahead 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 Advanced User 

Manuals are attached hereto as Exhibit C; a copy of the DJI

Phantom 3 Advanced UAS Maintenance LOG is attached hereto 

as Exhibit E. Likewise, the exemption sought will not adversely 

affect safety because Blue Skies Ahead, Inc. will use trained 

technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and 

practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an 

equivalent level of safety established by Sections 91.407, 

91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 Advanced 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 Blue Skies Ahead, Inc. proposed 

operating limitations, the operating documents, and the technical 
35

aspects of the DJI Phantom 3Advanced UASs, Blue Skies 

Ahead submits that safety will not be adversely affected by 

granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(l) 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, Blue Skies Ahead, Inc.

requests that the FAA prescribe special conditions for the 

intended operation of the DJI Phantom 3 Advanced UAS, which 

contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

61.113(a) & (b), 91.7 (a), 91.121, 91.151 (b), 91.405(a), 

91.407(a)(1 ), 91.409(a)(l) & (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 
36

DJI Phantom 3 Advanced UAS, since the airworthiness 

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

appropriate safety standards, due to the novel or unusual design 

features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following: If the FAA finds that the 

airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft 

engine, or propeller because of a novel or unusual design feature 

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

conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part II 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 Blue Skies Ahead, Inc. intended operation of the 

DJI Phantom 3 Advanced UAS, which contain such safety 

standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 

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

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

(a)(2), and 91.417(a) & (b). F. A Summary That Can Be 

Published In The Federal Register, stating: The Rules

From Which Blue Skies Ahead, Inc. Seeks Exemption: Blue 

Skies Ahead, 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)(l), 91.409(a)(J) &

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

A Brief Description Of The Nature Of The Exemption Blue 

Skies Ahead, Inc:
37

This exemption will permit Blue Skies Ahead, 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.

G. Any Additional Information, Views, or Arguments Available 

To Support Blue Skies Ahead, Inc. 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, Blue Skies Ahead, Inc. request for 

exemption may be granted pursuant to the authority of FMRA 

Section 333 and 14 C.F.R. Part 11, asset 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, Blue Skies Ahead, 

Inc. will operate the DJI Phantom 3 Advanced UAS safely in the 

NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Blue Skies Ahead, Inc. seeks an exemption 

pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA 

Modernization and Reform Act of2012 (FMRA), which will 

permit safe operation of the DJI Phantom 3 Advanced 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 Blue Skies 
38

Ahead Inc., to safely, efficiently, and economically operate the 

DJI Phantom 3 Advanced UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation 

Regulations and the FAA Modernization and Reform Act 

of2012, Section 333, Blue Skies Ahead, Inc. respectfully

requests that the Administrator grant this Petition for an 

exemption from the requirements of 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

permit Blue Skies Ahead, Inc. to operate the DJI Phantom 3 

Advanced UAS commercially for the purpose of conducting

aerial video and photography over certain areas of the United 

States.

Dated: May 31, 2015

Blue Skies Ahead, Inc.

Jeffrey T. Louwers

1665 Morningside Dr.

Merritt Island, FL 32952
39

Appendices:

Blue Skies Ahead, Inc.

Jeffrey T. Louwers

1665 Morningside Dr.

Merritt Island, FL 32952

A-DJI Phantom 3 Advanced Specifications Data Sheet

B-DJI Phantom 3 Advanced Manufacturer's User Manual

C-Monthly Maintenance Log
40

APPENDIX-A

DJI PHANTOM 3 Advanced TECHNICAL SPECIFICATIONS

Blue Skies Ahead, Inc. only utilizes safe and reliable UAS. 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)
41
42

Appendix B Phantom 3 Advanced Users Manual - Attached
43

Appendix C