### UNITED STATES OF ArvfERlCA DEPARTMENT OF TRANSPORTATION 

### FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### Regulatory

**Docket#----~-**



### IN THE MATTER OF THE PETITION FOREXEMPTION OF: Blue Skies Inves!menfs, lilAC 

### FORAN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OFTHE CODE OF FEDERAL REGULATIONS 

### SECTIONS 91

..7(a), 91.121,. 91

..151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & 

### (a)(2), AND 91.417(a) & 

### (b) CONCERNING COMMERCIAL



### OPERATION OFDJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MOQERNIZATION AND REFORMACT 

### OF 2012 (l!UBI41Cl,AW 112-95)



### Submitted October 16, 2015 

### Todd A. Barnes Blue Skies Investments, LLC 5815 Cool Springs Drive

**Cumming~** 

### Ga. 

### 30040 Tel: (678) 522-2651

### TABLE OF CONTENTS Page GLOSSARY 

### OF ABBREVIATIONS

...................................................................... .............................................,.,...

### 3

INTRODUCTION AND INTERESTS OF PETITIONER

...**u···~········-** 

### ..................................4 BACKGROUND

...........................................................,. ...................................,.,...,....... .... olp,., ........+ ....... .................. +
............. +
...4

NAME AND ADDRESS OF PETITIONER

...............................................................7 THE SPECIFIC 

### SECTIONS OF 14 C.F.R. 

### FROM WHICH BLUE SKIES 

### INVESTMENTS; LLC SEEKS EXEMPTION

........ n.O+

........... H

.................................

### 1 

### THE EXTENT OF RELIEF BLUE SKIES INVESTMENTS, LLC SEEKS AND THE REASON BLUE SKIES INVESTMENTS, LLC SEEKS THE RELIEF

................................................................................. +
...................................................... ., .................. ,.. ...+
............................

### 10 THE REASONS WHY GRANTING BLUE SKIES INVESTMENTS, LLC'S 

### REQUEST WOULD BE IN THE PUBLIC INTEREST

...................................... 11
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELy AFFECT 

### SAFETYH

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

......21 ANY ADDITIONAL INFORMATION, VIEWS., OR ARGUMENTS AVAILABLE TO SUPPORT BLUE SKIES INVESTMENTS, LLC'S**~~l_l~~T** ...............................................................................................................**:!~** 

### CONCLUSION

........ 4 ... ................................................................................ "

... - ... -.- ••• It

.......... "

.................. 4 ... ..... 4 • •••• II

..........

### 22 APPENDICES

..................................................................... ,.. ......**~** ......................... _ ...........................26

### AGL AOI ATC 

### ATO AV CFR COA 

### FAA FAR 

### GCS GPS LOL 

### NAS 

### NOTAM PIC Section 333 

# so SOP UA UAS 

### VFR 

### VLOS VMC VTOL 

### GI,QSSARYOFABBREVIATIONS Above 

### Ground Level Area ofInterest 

### Air Traffic Control Air Traffic Organization Aerial Vehicle 

### Code ofF ederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System 

### Loss ofLink 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 ofSite Visual Meteorological Conditions

' 

### Vertical Takeoffand Landing

### SUMMARY Blue Skies Investments, LLC seeks exemption from the requirements of 14 C.F.R §§ 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) 

### & (a) (2), and 91.417(a) 

### & (b), to operate an Unmanned Aircraft Systempursuant to Section 333 ofthe FAA Modernization and Refonn Act of2012 (FMRA). This exemption will 

### pennit Blue 

### Skies Investments, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography for wedding videography, real estate photography, corporate marketing, special

**events~** and landscape over certain areas ofthe United States+ 

### INIBQDUCTIQN AND INTERESTS OF THE PETITIONER Blue Skies Investments, LLC provides its clients 

### with expertise and knowledge in Real Estate investments and marketing. Blue Skies Investments, LLC also provides its clients with the highest quality digital content for use intheir commercial, personal, and non-profit multimediaprojects. Blue Skies Investments, LLC owner; Todd A. Barnes has over 13,000 flight hours and 15 years of experience as an Airline Pilot and holds anAirline Transport Pilot

**Certificate~** Flight Instructor Certificate, and a First Class Medical Certificate withNo Restriction. Blue Skies Investments, LLC has over 3 years ofrecreational/hobby experience in all aspects ofaerial video and photography. The objective ofBlue Skies Investments, LLC's aerial video and photography operations is to provide high quality imaging for a variety ofresidential, commercial, and public uses, specifically targeting:

• Real Estate Marketing • Event Videography and Photography • Business Marketing • Aerial Imaging Used For Inspections ofPublic andPrivate Structures • Emergencies Services

- Search and Rescue Assistance 

### • Increasing public knowledge ofUAS and promoting 

### safe UAS operations. 

## BACKGRQUNP Unmanned AircraftSystem: DJI Phantom 3 UAS Blue Skies Investments, LLC seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJIPhantom 3 is a vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with

### a Ground Control Station (GCS) utilizing electronic tablet or smartphone systems. The 

### DllPhantom 3 

### has a maximum gross weight ofapproximately 2 pounds 13 ounces, while having a length of 18 inches, width of 13 inches, height of8 inches., and a maximum speed ofapproximately 30 knots. The DJIPhantom 3 is equippedwith four mainrotors; driven by Lithirnn Polymer battery powered electric motors. The DJI Phantom 3 UA that will be operated

### by Blue Skies Investments, LLC will be registered in accordance 

### with 49 U.S.C. 44103., 

### Registration of Aircraft, as well as 14 C.F.RPart 47, 

### AircraftRegistration, and marked in accordance with 14 C.F.R. Part45, 

### Identification and RegistrationMarking.

### BASIS FOR

### PETIIIQN Petitioner, Blue Skies Investments,

**LLC~** pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and 

### Refonn Act of2012 (FMRA), Section 333, 

### SpecialRules for Certain UnmannedAircraftSystems, hereby petitions the Administrator to commercially operate the DJIPhantom 3, UA in the National Airspace System 

### (NAS), and for an exemption from 

### the requirements 

### of 14

**C~F.R** §§ 

### 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a){l), 91.409(a)(l) 

### & (a)(2), and 91.417(a) 

### & (b). In consideration ofthe speed, weight, size, and limited operating area associated withthe 

### unmanned aircraft and 

### its operation., 

### Blue Skies Investments, 

### LLC's operation ofDJI Phantom 3 UA meets the conditions ofFMRA Section 333 and

**therefore~** will not require an ainvorthiness certificate in 

### accordance with 14

**C.F~R.** Part 21, Subpart H.

· Accordingly, Blue Skies

**Investments~** LLC requests relieffrom Sections 91.405(a), 

### 91.407(a)(l), 

### 9L409(a)(l) & (a)(2), and

**91~417(a)** 

### & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an ainvorthiness certificate. Blue Skies Investments, LLC submits thatthe requested reliefis proper since an equivalent level ofsafety will be ensured. Blue Skies Investments, LLC will use experienced personnel or technicians to perform maintenance, alterations, orpreventive maintenance on the UAS using the methods, techniques, and practices prescribed 

### in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furtheunore, Blue Skies Investments, LLC will document and maintain all maintenance records for the DJI Phantom 3 UA. Blue Skies Investments, LLC seeks relieffrom Section 91.7{a), entitled 

### Civil aircraft airworthiness, because the DJI Phantom 3 UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Blue Skies Investments, LLC submits that they will ensure that the DJI Phantom 3 UA is in an airworthy condition, priorto every flight, by determining thatthe UA is in compliance with the operating documents (i.e., MonthlyMaintenance Log., and DJI Phantom 3 Instruction Manual), and that the UA is in a condition for safe flight. Blue Skies Investments, LLC also seeks an exemptionfrom the requirements ofSection 91.121, entitled

### Altimeter Settings, as the DJI Phantom 3 UA will 

### not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 UA will beprovided to the PIC via Global Positioning System (GPS) equipment and radio commilllications telemetry data link, which downlinks from the UA

### to the GCS for active monitoring ofthe flight path. This altitude information, combined with Blue Skies Investments, LLC's operation ofthe DJI Phantom 3 UA within visual line ofsight, at or below 500 feet 

### AGL, will ensure a level ofsafety equivalentto Section 

### 91.121. Additionally, Blue Skies Investments, LLC seeks an exemption from the requirements of Section 91.151(b), entitled

### Fuel requirements for flight in 

### VFR conditions. Blue Skies Investments, LLC submitsthat safety will not be affectedby operation ofthe DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration ofapproximately 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after thatfor at least 4.5 minutes. In accordance with 14 C.F.R. § 11

**~81,** Blue Skies Investments, LLC provides the following information in support ofits petition for exemption:

i I

.

### A

.. Name And Address OfThe Petitioner. Thename and address ofthe Petitioner and point ofcontact is: Blue Skies Investments, LLC c/o Todd A. Barnes 5815 Cool Springs Drive 

### Cumming, Ga. 30040 Tel: (678) 522-2651 Email: BlueSkiesTB@gmail.com B. The Specific Sections Of 14 C

..F.R. from Which 

### Blue Skies Investments, LLC 

### Seeks Exemption. 1. Blue Skies Investments, LLC Seeks ExemptionFrom The Requirements OfSection 

### 91.7(a). Section 91.7, entitled 

### Civil aircraft ainvorthiness, subsection (a); states the 

### following: (a) No personmay operate a civil aircraft unless it is in an airworthy condition. 

### 2. Blue Skies Investments, LLC Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled

### Altimeter settings, subsection (a), states the following, inpart: (a) Eachperson operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case maybe, 

### byreference to an altimeterthat is set, when operating-- (1) Below 18,000 feet MSL, to-- 

### (i) The current reported altimeter setting ofa station along the route and within 

### 1 00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the areaprescribed inparagraph (a)(l)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; or 

### (iii) Inthe case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 3. Blue Skies Investments, LLC Seeks Exemption From The Requirements OfSection 91.151(b). Section 91.151, entitled

### Fuel requirements for flight in VFR conditions, subsection (b), states the following:



### (b) Noperson may begin a flight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enough fuel to fly to the firstpoint

### qf 

### intendedlanding and, assuming 

### normal cruising speed, 

### tofly after that 

### for at least 20 •

### minutes. 

### 4. Blue Skies Investments,LLC Seeks Exemption From The Requirement OfSection 91.405(a). Section 91.405, entitled

### Maintenance required, subsection (a), states the following: Each 

### owner or operator ofan

**aircraft~** 

### (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except 

### as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed in part 4 3 ofthis chapter[.] 

### 5. Blue Skies Investments,LLC Seeks Exemption From The Requirements OfSection 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 returnto service by 

### a person 

### authorized under§ 43.7 ofthis chapter[.] 

### 7. Blue Skies Investments, LLC Seeks Exemption From The Requirements OfSections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitled 

### Inspections, subsection 

### (a), states the following: (a) Except as provided 

### inparagraph (c) ofthis section, no person may 

### operate an aircraft unless, withinthe preceding 12 calendar months, 

### it has 

### had

-- (1) 

### An annual inspection in accordance 

### withpart43 ofthis chapter and has been approved for return to service by a person 

### authorized by§ 43.7 ofthis chapter; or (2) 

### An inspection for the issuance ofan airworthiness certificate in accordance 

### withpart 

### 21 ofthis chapter. 8. Blue Skies Investments, LLC Seeks ExemptionFrom The Requirements OfSections 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, eachregistered 

### owner or operator shall keep the following records 

### forthe periods specified in paragraph 

### (b) ofthis section: ( 1) Records ofthe maintenance., preventive maintenance; and alteration and records ofthe 100-hour., annual, progressive, and otherrequired or 

### approved inspections, asappropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include-- 

### (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work perfonned; and 

### (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: 

### (i) The total time in service ofthe airframe, each engine, eachpropeller, and each rotor. 

### (ii) The current status oflife-limited parts ofeach airframe., engine, 

### propeller, rotor, and appliance. (iii) Thetime since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The currentinspection status of

### the aircraft, including the time sincethe last inspectionrequired by the inspection program under which the aircraft and its 

### appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safetydirective involves recurring action, thetime and date whenthe next action is required. (vi) Copies ofthe forms prescribed 

### by§ 43.9(d) ofthis 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)(l) ofthis section shall be retained until the work is repeated or superseded by otherwork orfor 1 

### year after the work is performed. (2) Therecords specified inparagraph (a)(2) ofthis 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 ofthis chapter shall be retained until the defects are repaired and the 

### aircraft is approvedfor • return to servtce.

### C. The Extent OfReliefBlue Skies Investments, LLC Seeks And The Reason Blue Skies Investments, LLC Seeks TheRelief. 

### 1.. Extent OfReliefBlue Skies Investments,LLC Seeks And The Reason Blue Skies Investments, LLC Seeks ReliefFrom Section 91.7(a). Relief from Section 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the extent required to allow Blue Skies Investments, LLC to determine that the DJI Phanfum 3 UA is in airworthy 

### condition prior to every flight by ensuring that the UA is in compliance with the operating 

### documents (Le., the Blue Skies Investments, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Blue Skies Investments; LLC seeks the 

### requested reliefbecause the DJIPhantom 3 UA does notrequire an 

### airworthiness certificate in accordance 

### with 14 C.F.R. Part 21, Subpart H. Therefore, Blue Skies Investments, LLC 

### will ensure that the DJI Phantom 3 UA is in 

### airworthy condition based upon its compliance 

### with the operating documents (i.e., 

### Monthly

· Maintenance Log, and 

### DJI Phantom 3 Instruction Manual) 

### priorto every flight, and further, 

### dete1tnine thatthe aircraft is in conditionfor 

### safe flight, as stated inthe 

### conditions and limitations below.



### 3. Extent OfReliefBlue Skies Investments, LLC Seeks And The Reason Blue Skies Investments, LLC Seeks ReliefFrom Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, 

### may be required 

### to allow flight operations ofthe DJIPhantom 3 UA, whichutilizes a barometric pressure 

### sensor, GPS equipment, and a radio communications telemetry 

### data linkto 

### downlink altitude infonnation from the UAto the PIC at the ground control station (GCS). Since the FAA

### requires that 

### any 

### altitude infortnation concerning UAS 

### operations be reported

### to air traffic control (ATC) in feet above ground level (AGL), Blue Skies Investments, LLC seeks the requested reliefbecause the 

### DJI Phantom 3 UA's altimeter maybe set onthe ground to zero feet AGL, rather than the local barometricpressure or field altitude, before each flight. 

### Considering the limited altitude oftheproposed 

### operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply withthe applicable conditions and limitations stated below. As more 

### fully set forth herein, an equivalent level ofsafety will be 

### maintained since 

### the DJI Phantom 

### 3 US is 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 ofthe UA on the 

### heads-up display ofthe GCS. 

### 4. Extent OfReliefBlue Skies Investments,LLC Seeks And The Reason Blue Skies Investments, LLC Seeks ReliefFrom Section 

### 91.15l(b ). Relieffrom Section 91 .151(b) entitled 

### Fuel requirements for flight in 

### VFR conditions, is requested to the extent

### required to allow flights ofthe battery

### powered DJI Phantom 3 UA during daylight hours in visual 

### meteorological conditions (VMC), under 

### visual flight 

### rules (VFR), for a total 

### duration of 13.5 minutes to the 

### first point of

### intended landing and, assuming 

### nonnal 

### cruising speed, to 

### fly after that for at 

### least 4.5 

### minutes. Blue Skies 

### Invesunents, LLC seeks the requested reliefbecause without an exemptionfrom Section 91.151

### (b), the flight timeduration ofthe

### battery powered DJI Phantom 3 UA will severely constrain the practicality of 

### any aerial video or still photo flight operations that Blue Skies Investments, LLCproposes to conductpursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UA, the DJI Phantom 3 operating documents, 

### and Blue Skies Investments, LLC's proposed operating limitations, ensure that Blue Skies Investments, LLC will safely operate the battery powered DJI

### Phantom 3 UA during daylight 

### hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough

### battery powerto fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming 

### nom1al cruising speed, to fly after that for at least 4.5 minutes. 

### 5. Extent OfReliefBlue Skies 

### Investments, LLC Seeks And The Reason Blue Skies Investments, LLC Seeks ReliefFrom 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 Investments, LLC requests relief from these Sections becausethe DJI Phantom 3 UA does not require an airworthiness certificate. As set forth more fully below, the DJI Phantom 3 UA meets the conditions ofFMRA

. Section 333 for operation without an airworthiness certificate. Accordingly, Blue Skies Investments, LLC will 

### use experienced personnel 

### or trained technicians 

### to perform maintenance, alterations, 

### orpreventive majntenance on the UAS 

### using the methods, teclmiques, and practices prescribed in the UAS operating documents (i.e., the Blue Skies Investments, LLC Aerial Operations Manual, 

### Monthly Maintenance Log, 

### and DJI Phantom 3 Instruction Manual). Furthennore, Blue Skies Investments, LLC will document and maintain all maintenance records for the DJI Phantom 3 UAS. 

### D. The 

### Reasons Why 

### Granting

### Blue Skies Investments, LLC's 

### Request Would Be In The Public Interest; ThatIs, How ItWould Benefit The Public As A Whole. Granting the presentPetition will further the public interest

### by allowing Blue Skies Investments, LLC to safely, efficiently, and economically perform aerial video and photography for real estate, events, businesses, inspections ofstructures, emergency services, and increasing public knowledge ofUASs and promoting safe UAS operations. Additionally, use ofthe 

### DJI Phantom 3 UA will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. 

### Notably, the benefits ofBlue Skies 

### Investments, LLC's proposed operation ofthe DJIPhantom 3 UA will be realized without implicating
• • any pnvacy 1ssues. 

### 1. The Public Will BenefitFrom Decreased Congestion OfThe NAS. The DJIPhantom 3 UA is 

### battery powered and serves as a safe

. , efficient, and economical alternative to the manned aircraft traditionally utilized to obtain 

### aerial imagery. Byreducing the 

### amount of

### manned aircraft needed to perfonn 

### aerial acquisitions, an exemption allowing the use ofa DJIPhantom 3 UA would reduce the amount ofmanned aircraft 

### inthe NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the air and on the ground. Furthermore, 

### by reducing the number ofmanned aircraft operating 

### inthe NAS, congestion 

### around airports 

### ca1Jsed by aniving anddeparting aircraft will be reduced. The DJI Phantom 3 UA does not require an airportto takeofforland. Likewise, a reduction ofmanned aircraftconducting aerial video and photography missions would result in fewer aircraft that must be handled by airtraffic 

### control during the ground, takeoff, departure; arrival, and landing phases offlight operations. 

### 2. The PublicWill Benefit From The SafetyAnd Efficiency OfThe DJI Phantom 3 UA. Conducting aerial acquisitions 

### with the DJI Phantom 3 UA, instead ofmanned aircraft, will 

### greatly benefit the public 

### by drastically reducing the levels ofair and noisepollution generated during traditional aerial video and still photography flight operations. 

### By using batterypower and electric motors, the DJI Phantom 3 UA produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that aretypically utilized for aerial video and photography, while burning approximately 20-30 gallonsper hour ofleaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbonfootprint ofaerial acquisitions, also eliminates noise pollution, as the u · A ispropelled by battery powered electric motors, rather than an internal combustion engine. Byusing the DJIPhantom 3 UA to perform aerial acquisitions, the substantial risk to life and property inthe air and on the ground, which is usually associated withtraditional 

### manned aircraft flight operations, will be substantiallyreduced or completely eliminated. Aside fromthe lack offlight crew members located onboard the aircraft, the DJIPhantom 3 UA (weighing approximately 2 pounds 13 ounces, at its maximum gross weight with a length of 18 inches, width of 13 inches, and

### with no fuel 

### onboard), has less physical potential for collateral damage to life and property onthe ground, and inthe air, comparedto the manned aircraft 

### that typically conduct similar operations (weighing approximately 6,000 pounds 

### with a wingspan of approximately 42

**fee~** a length of34 feet, and a fuel capacity of 180 gallons). 

### 3. PerformingAerial Video and Photography OperationsWith The DJI Phantom 3 UAS Will Benefit TheEconomy. In addition to being safe and

**efficien~** the DJIPhantom 3 UA is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the 

### DllPhantom 3 UA will allow United Statesbased companies, like Blue Skies 

### Investments, LLC, to remain competitive 

### and contribute to growth ofthe

**U~S.** 

### economy. Specifically, with the rising cost ofaviation fuel and the Environmental ProtectionAgency (''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 UA is one such technologythat not only allows companies greater operational flexibility comparedto manned aircraft, butprovides such flexibility without the high operational cost ofa traditional manned aircraft. Byoperatingthe DJI Phantom 3 UA, companies such as Blue 

### Skies Investments, LLC, can remain competitive and profitable, and therefore, provide greaterjob stabilityto employees 

### and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe 

### DllPhantom 3 UA, provides a stable workforce that increases conslllller 

### spending; improves local, state, and federal tax revenues; and allows companiesto invest in research and development in orderto 

### 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 Investments, LLC's proposed operation ofthe DJI Phantom 3 UA will not implicate any privacy issues. Specifically, the DJI Phantom 3 UA will be operated only in compliance 

### with operating documents (i.e., the Blue Skies Investments, LLC Aerial 

### Operations Manual, Monthly 

### Maintenance Log, and DJI Phantom 3 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 GrantingThe Exemption Would Not Adversely Affect Safety, OrHow The Exemption Would Provide A Level OfSafety At LeastEqual To That Provided

### By The Rule From Which Blue Skies Investments, LLC Seeks Exemption. 1. Reasons Why 

### The DJI Phantom 3 UAS Meets The Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333. In 

### consideration ofthe size, 

### weight, speed, and limited operating area associated 

### with the 

### unmanned aircraft and its operation, 

### Blue Skies Investments, LLC's operation ofthe DJI Phantom 3 UA meets the conditions ofFMRA 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 ofthe 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, andnot later than 180 

### days after the date of enactment of 

### thisAct, the Secretary of Transportation shall determine 

## if certain unmannedaircraftsystems may operate safely in the nationalairspace system before completion of theplan andrulemaking required

### by section 332 of thisActor the guidance required

### bysection 334 of this 

### Act. (b) AssessmentofUnmannedAircraftSystems.--In making the determination under 

### subsection (a), the Secretary shalldetermine) 

### ata minimum-- (I) which 

### types of unmanned

### aircraft systems) 

### if any, as a result of their size, weight, speed, operational capability,proximity to airports andpopulated areas, andoperation within visual line of sight do not create a hazardto users of the nationalairspace system or thepublic orpose a threat 

### to national

**security~·** 

### and (2) whether a certificate of waiverJ certificate of authorization, or airworthiness certification under section 44704 of title 49, UnitedStates Code, is required for 

### the operation of 

### unmannedaircraft 

### systems identifiedunderparagraph (1).

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

### this section 

### that certain unmannedaircraftsystems may operate safoly 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 Investments, LLC submits that the DJI Phantom 3 UA can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJIPhantom 3 UAS; 

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



### a. The Specifications OfThe 

### DnPhantom 3 UA Demonstrates Its 

### Safe Characteristics. The DJIPhantom 3 UA does not create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

### i. 

### Technical Specifications OfThe DJI 

### Phantom 3 UAS. The technical specifications ofthe DJIPhantom 3 UAS is set forth 

### by the 

### DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A, ii

.. 

### TheDJI Phantom 3 UAS

### Autonomous Flight And Navigation Modes Enable 

### The UA To Remain Within A Defined Operational Area. The DJI Phantom 3 UA maybe operated in both manual and fully autonomous 

### flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 UA is provided at pages 11-17 and 40-46 ofthe DJI Phantom 3 User Manual, attached hereto as Exhibit B. 

### iii. 

### The Dn 

### Phantom 3 UA Is Designed ForAutomatic Return To Home Point Or Hover In The Event OfLoss OfThe ControlLfukOrNavigation. When the Control Link is lost, the DJIPhantom 3 UA will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJIPhantom 3 UA does not reacquire control link datafrom the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe 

### mode) via GPS, and will descend to the takeoffposition 

### and shutdown. A complete description ofthe Failsafe Functions ofthe DJIPhantom 3 UA are set forth at pages 12 through 14 ofthe DJI Phantom 3 User Manual, attachedhereto as Exhibit B. 

### iv. 

### The DJI Phantom 3 GCS And 

### Its Operation. A complete description ofthe operation and specifications ofthe DJIPhantom 3 GCS and flight control software is provided at pages 23 through 38 ofthe DJIPhantom 3 User Manual. The DJIPhantom 3 User


### . Manual is attached hereto as Exhibits B.

### b. Flight Operations OfThe DJIPhantom 3 UA Are Limited To The Line OfSight Of A Certificated Pilot in Command With A Safety Observer. 

### Blue Skies Investments, LLC will only utilize certificated pilots who possess a current and 

### valid ainnan

### medical certificate to act as a pilot in command (PIC) ofthe DJI Phantom 3 UA. Additionally, a safety observer will assist all pilots during flight time.



### c. Flights OfThe 

### DnPhantom 3 UA Will Be Conducted Pursuant To Specific Operating Limitations. 

### In seeking this 

### exemption, Blue Skies Investments, 

### LLC proposes to commercially operate a DJI 

### Phantom 3 

### UA for the special purpose ofconducting aerial video and photography over certain areas ofUnited States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in 

### the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJIPhantom 3 Unmanned 

### Aircraft Systems. Proposed operations ofany 

### other aircraft will require a newpetition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video and photography. 

### 3. The UA may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude ofno more than 500 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 feetAGL. 5. 

### The UA must be operated within visual line ofsight (VLOS) ofthe 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 ainnan medical certificate. 6. The use offirst 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 mustbe able to communicate verbally at all times. Electronic messaging ortexting 

### is not permitted during flight opemtions. The PIC must be designated before the flight and cannottransfer his orher designation for the duration ofthe flight. The PIC must ensure 

### that the SO can perfotm

### the functions prescribed inthe operating documents. 8. The SO must not perfonn 

### any other duties beyond assisting the 

### PIC with 

### seeing and avoiding other air traffic 

### and other ground based obstacles/obstructions and is notpetmitted

### to operate the camera or other 

### instruments. 9. The operating 

### documents and the grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists betweenthe conditions and limitations contained 

### in the grant ofexemption and the procedures outlined in the 

### operating documents, the conditions and limitations contained in the grant ofexemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in

### its operating documents. The operatormay update orrevise its operating documents. Itis the operator's responsibilityto track such revisions and present updated and revised documents to the Administrator upon

### request The operator 

### must also present updated and revised 

### documents ifitpetitions for extension 

### or amendment to the grant ofexemption. Ifthe operator detennines 

### 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 ofexemption. The FAA'sUAS Integration Office (AFS-80) maybe 

### contacted if

### questions arise regarding updates or revisions to the operating documents. 10. Priorto 

### each flight the PIC must inspect the UAS to ensure that it is in 

### a condition for 

### safe 

### flight Ifthe inspectionreveals a conditionthat affects the safe operation ofthe 

### VAS, the aircraft is prohibited from operating until the necessary maintenance has been perfo1n1ed 

### and the 

### U AS 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 aircraftrecords. 11. Any UAS that has undergone maintenance or alterations that affect the 

### UAS operation or flight 

### characteristics, e.g. replacement ofa flight critical component, must undergo 

### a functional test flight. 

### The PIC who conducts the functional test flight must make an entry inthe 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 ofthe 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 outits maintenance, inspections, and 

### record keeping requirements, in accordance 

### withthe operating documents. 

### Maintenance, inspection, alterations, and status of

### replacement/overhaul componentparts mustbe noted 

### in the aircraft records, including total time 

### in service, description 

### ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 

### 15. Each UAS operated under 

### this exemptionmust comply with 

### all manufacturer SafetyBulletins. 

### 16. The authorized person must make an entry 

### in the aircraft 

### record ofthe corrective action taken against discrepancies discovered betweeninspections.17. The PIC mustpossess at least a private pilot certificate and atleast a currentthirdclass medical certificate. 18. The operator maynot pertnit 

### 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 emergencymaneuvers and maintaining appropriate distances from

**persons~** vessels_, vehicles and structures. PIC qualification flight hours must be logged 

### in a manner consistent 

### with 14 C.P.R.§ 61.51(b). Flights for the purposes oftraining the operator's PICs are pennitted under the teims ofthe 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., andthe PIC must operatethe UA with appropriate distance from nonparticipants 

### in accordance 

### with 14 C.F.R. §91.119. 

### 19. UAS operations 

### may notbe conducted during night, as defined in 14 C.F.R. 

### § 1.1. All operations must be conducted undervisual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not 

### authorized. 20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, 

### and the operationis conducted in accordance with a NOT AM as required bythe operator's COA. The letter ofagreement 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 whenvisibility 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 predeternlined location within the planned operating area and land or be recovered in accordance with

### the operating documents. 23. The PIC must abortthe flight inthe event ofunpredicted obstacles or emergencies 

### in accordance 

### withthe operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough powerto 

### fly at nonnal cruising speed to the intended landingpoint and land the UA 

### with 25% batterypower remaining. 25. The operator must obtain anAir Traffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) prior to conducting any operations under the grant ofexemption. This COA will also require the operator to request a Notice to Ainnan 

### (NOT AM) not more than 72 hours in advance, but not less than 48 hours priorto the operation. All operations shall be conducted in accordance 

### with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder 

### requirements.26. All aircraft operated in accordance withthe exemptionmustbe identified by serial nmnber, registered in accordance with 14 C.F.R. part47, 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 ofthe UA must comply

### with the Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 28. The documents required fewer than 14 C.F

**~R.** 91.9 

### and 91.203 mustbe available to the PIC at the Ground Control Station ofthe 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 ofway 

### 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 otherthanthe 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 ofan accident. The operator must ensure that

### nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe 

### UA, flight operations must cease 

### immediately and/or; b. 

### The aircraft is operated 

### near vessels, vehicles or 

### structures where the owner/controller ofsuch vessels, vehicles or structures has granted perrnission and the PIC has made a safety 

### assessment ofthe 

### risk ofoperating closer to those objects and 

### detetn1ined that it 

### does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, 

### operator trainees or essential persons do not 

### present anundue hazard to those persons 

### per§ 91.119(a). 32. All operations shall be conducted overprivate or controlled-access propertywith pennission from the land owner/controller or authorizedrepresentative. Pennission 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 ofthe operational area as defined bythe applicable COAmust be reported to the FAAts UAS Integration Office (AFS-80) within 24 hours. Accidents must be reportedto the National Transportation Safety Board (NTSB) perinstructions contained on the NTSB Web site: 

### · w\V\¥.ntsb.gov.2. Reasons 

### Why An Exemption From The Requirements OfSection 91.7(a) Would Not 

### Adversely Affect Safety. The equivalent level ofsafety established by Section 9L7(a) will be maintained because prior to every 

### flight, Blue Skies Investments, LLC will ensure that the DJI Phantom 3 UA is in an ainvorthy condition based uponthe UA's compliance with its operating documents and as stated inthe conditions and limitations

**herein~** Additionally, the FAA has previously granted relieffrom 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, 12928). 3. Reasons Why An Exemption From The Requirements OfSection 91.121 Would Not Adversely Affect 

### Safety. The equivalent level ofsafety established 

### by Section 91.121 will be maintained because the altitude inforrnation ofthe DllPhantom 3 

### VA will beprovided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude infonnation, combined withBlue Skies Investments, LLC's operation ofthe DJI Phantom 3 UA within visual line ofsight, at orbelow 500 feet AGL, will ensure a level ofsafety equivalent to 

### Section 91.121

**~** The 

### altitude infotmation 

### will be generated 

### by GPS equipmentinstalled 

### onboard the aircraft. Prior

### to each flight, 

### a zero altitude initiationpoint is automatically established bythe UA at ground level. The FAAhaspreviously granted relieffrom 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, 12928). 5. 

### Reasons 

### Why An Exemption From The Requirements OfSection 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established 

### by 14 C.F.R. Section 91.151(b) as a result of(l) the technical specifications ofthe DJI Phantom 3 UA; (2) 

### the limitations onthe proposed flight operations; and (3) the location ofthe proposed 

### flight operations. Accordingly, Blue Skies Investments, LLC 

### will ensure that it \Vill safely operate the batterypowered DJI Phantom 3 UA during daylight hours inVFR conditions, with enough batterypowerto 

### fly for a total duration of 13.5 minutes to the first pointofintended landing and, assuming 

### norn1al cruising speed, to 

### fly afterthat for at least 4.5 minutes. Here, as inExemption No. 11109, the technical specifications ofthe DJIPhantom 3 UA; the limitations onthe proposed flight operations; and the location ofthe proposed 

### operations, will ensure an equivalent level of

### safety established by 14 C.F.R. Section 91.151

### (b). Furthe1more, safety will be ensured as the DJIPhantom 3 UAS provides audible and visual warnings to the PIC at the GCS whenthe UAS experiences lowbatteryvoltage, the first warning occurring at approximately 33%remainingbatterypower, and again at approximately 10% remainingbatterypower. At the critically low batterylevel, the DJIPhantom 3 UAS willdescend 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 ofthe UAS are considered. Reliefhas 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 FAAhas previously granted relieffrom 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 OfSections 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 Investments, LLC submits thatthe equivalent level ofsafety with regardto the regulatory maintenance and alteration requirements established 

### by Sections 91.405(a), 

### 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), and 91.417(a) & (b) will be met because Blue Skies Investments, LLC will perfonn maintenance, alterations, or preventive maintenance on the UA using the methods, techniques, 

### and practices prescribed in the operating documents (i.e., the Blue Skies Investments, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 3 Instruction Manual). Furthennore, Blue Skies Investments, LLC will document and maintain all maintenance records for the DJIPhantom 3

**UA~** Since the DJIPhantom 3 UA will be inspected as prescribedbythe operating documents, Blue Skies Investments, LLC will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI 

### Phantom 3 User 

### Manual is attached hereto as Exhibit B; a 

### copy ofthe DJIPhantom 3 

### UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely affect safety because Blue Skies Investments, LLC will 

### perfonn maintenance, alterations or

### preventive maintenance onthe UA using the methods, techniques, and practices prescribed 

### by the operating documents. Furthennore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 

### 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 UA will be performedbyusing the methods, techniques, and practices prescribed 

### by the DJI Phantom 3 User Manual. Maintenance will be documented and maintained utilizing the monthlymaintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

### 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that 

### safety is not adversely affected when the technical characteristics and operating limitations ofthe UA are 

### considered. In consideration ofBlue Skies Investments, LLC'sproposed operating limitations, the operating documents, and the technical aspects ofthe DJIPhantom 3 UA, Blue Skies Investments, 

### LLC 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), 

### 9L409(a)(2), and 91.417(a)and (b). The FAA has previously grantedreliefspecific to UAS in circwnstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 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 

### OtherConditions For Safe Operation.
In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. 

### § 21.16 entitled Special Conditions, Blue Skies Investments, LLC requests that the FAAprescribe special conditions for the intended operation ofthe DJI Phantom 3 UA, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalentto 

### that established by 14 C.F.R. Part 21, SubpartH, and 14 C.F.R §§ 91.7 

### (a), 91.121, 91.151(b), 91.405(a), 

### 91.407(a)(l), 91.409(a)(l) 

### & (a)(2), and 91.417(a) 

### & (b). Such special conditions will pennit safe operation ofthe UASs for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States for compensation orhire. FMRA Section 3 3 3 

### sets forth the requirements for considering whether a U

### AS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certificationin accordance 

### with any requirements that must be established for 

### the safe operation ofthe UAS in the NAS. Likewise, the Administratormayprescribe special 

### conditions pursuant to 14 C.F.R. 

### § 21.16, for operation ofthe DJIPhantom 3 UA, 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 ofthe

**aircraft~** Section21.16, entitled Special Conditions, states the following: IftheFAA finds that the airworthiness regulations ofthis subchapter do not contain adequate orappropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe 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 ofthis chapter 

### and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalent to that established in the regulations. See 14 C.F.R. 

### § 2L16. Therefore, in accordance with FMRA Section 333 and 14 C.P.R.§ 21.16, the FAA may prescribe special conditions for Blue Skies Investments, LLC's intended operation ofthe 

### Dn Phantom 3 UA, which contain such safety standards that the Administratorfinds necessaryto establish a level ofsafety 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)(l), 

### 91.409(a)(l) & 

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

### F. A Summary That Can BePublished In The Federal Register, stating: TheRules From Which 

### Blue

## Skies Investments, LLC Seeks Exemption:

### Blue Skies Investments) LLCseeks exemption from the requirements of 14 C.F.R Sections 91. 7(a), 91.121! 91.151(b), 91.405(a), 91.407(a)(J), 91.409(a)(l)& (a)(2), and91.417(a) & 

### (b).


### A BriefDescription OfTheNature OfThe Exemption Blue Skies Investments, LLC Seeks: This exemption willpermitBlue Skies Investments, LLCto commercially operate an UnmannedAircraftSystem (UAS)for thepurpose of conducting aerial video and 

### photography over certain areas of the UnitedStates. 

### G. AnyAdditional Information, Views, OrArguments Available To SupportBlue Skies Investments, LLC's Request. This Petition is made pursuant to the FAA Modernization and Refonn Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS 

### may operate safely intheNAS. As such, Blue Skies Investments, LLC's request for exemption maybe granted 

### pursuant to the 

### authority ofFMRA Section 333 and 14 C.P.R. Part 11, as set 

### forth above. FMRA Section 33 3 sets forth therequirements for considering 

### whether a UAS will create a hazard to users ofthe NAS orthe 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 Investments, LLC will operate the DJI Phantom 3 UAS 

### safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.



### CONCidiJSION As set forth herein, Blue Skies Investments, LLC seeks an exemptionpursuantto 14 C.F.R. 

### § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will penuit safe operation ofthe 

### DllPhantom 3 UAS commercially, without an 

### airworthiness certificate, for the limited purpose ofconducting aerial video andphotography over certain areas of the United

**States~** 

### By granting 

### this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Refonn Act of2012, while also advancing the interests ofthe public, 

### by allowing Blue Skies Investments, LLC to 

### safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within theNAS. WHEREFORE, in accordance 

### with the Federal Aviation Regulations and the FAA Modernization and Refonn Act of2012, Section 333, Blue Skies Investments, LLC respectfully requests that the Administrator grant this Petition for an exemptionfrom the requirements of 14 C.F.R 

### Sections 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), and

**91~417(a)** 

### & 

### (b), and permit Blue Skies Investments, LLC to 

### operate the DJIPhantom 3 UAS commercially for the 

### purpose ofconducting aerial video and photography over certain areas ofthe United States.Dated: October 14, 2015

EXHIBITS (Upload file): A

**~** DJIPhantom 3 Specifications Data B- DJI Phantom 3 Manufacturer's User Manual C

**~Maintenance** Log Respectfully Submitted Blue Skies Investments, LLC

**~**...... ·

/" 

### ?···/' ·'/ Todd A. Barnes Blue Skies

**Investments~** LLC, President 5815 Cool Springs Drive Cumming, Ga. 30040 Tel: (678) 522-2651