UNITED STATES OF ArvfERlCA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Regulatory Docket#----~-

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Blue Skies Inves!menfs, lilAC 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE 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 OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MOQERNIZATION AND REFORM ACT 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 

NOT AM 

PIC 

Section 333 

so 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VTOL 

GI,QSSARYOFABBREVIATIONS 

Above Ground Level 

Area of Interest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code ofF ederal 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 
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 System pursuant to Section 333 of the FAA Modernization and 

Refonn Act of 2012 (FMRA). This exemption will pennit Blue Skies Investments, LLC to operate 

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

photography for wedding videography, real estate photography, corporate marketing, special events~ 

and landscape over certain areas of the 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 in their commercial, personal, and non-profit multimedia projects. 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 an Airline Transport Pilot Certificate~ Flight Instructor 

Certificate, and a First Class Medical Certificate with No Restriction. Blue Skies Investments, LLC has 

over 3 years of recreational/hobby experience in all aspects of aerial video and photography. The 

objective of Blue Skies Investments, LLC's aerial video and photography operations is to provide high 

quality imaging for a variety of residential, commercial, and public uses, specifically targeting: 

• Real Estate Marketing 

• Event Videography and Photography 

• Business Marketing 

• Aerial Imaging Used For Inspections of Public and Private Structures 

• Emergencies Services - Search and Rescue Assistance 

• Increasing public knowledge ofUAS and promoting safe UAS operations. 

BACKGRQUNP 

Unmanned Aircraft System: DJI Phantom 3 UAS 

Blue Skies Investments, LLC seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 

Dll Phantom 3 has a maximum gross weight of approximately 2 pounds 13 ounces, while having a 

length of 18 inches, width of 13 inches, height of 8 inches., and a maximum speed of approximately 

30 knots. The DJI Phantom 3 is equipped with four main rotors; 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.R Part 47, 

Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and 

Registration Marking. 
BASIS FOR PETIIIQN 

Petitioner, Blue Skies Investments, LLC~ pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Refonn Act of2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 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 of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation., Blue Skies Investments, LLC's operation of DJI 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 relief from 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 that the requested relief is proper since an equivalent 

level of safety will be ensured. Blue Skies Investments, LLC will use experienced personnel or 

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

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

Maintenance Log, and 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 relief from Section 91.7{a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 U A 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, prior to every flight, by 

determining that the UA is in compliance with the operating documents (i.e., Monthly Maintenance 

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 exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 3 UA will be provided 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 of the flight path. This altitude 

information, combined with Blue Skies Investments, LLC's operation of the DJI Phantom 3 UA 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

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 submits that safety will not be affected by operation of the 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 of approximately 13.5 minutes to the first point of intended landing 

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

In accordance with 14 C.F .R. § 11 ~81, Blue Skies Investments, LLC provides the 

following information in support of its petition for exemption: 

i 

I . 
A .. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact 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 Exemption From The Requirements Of Section 

91.7(a). 

Section 91.7, entitled Civil aircraft ainvorthiness, subsection (a); states the 

following: 

(a) No person may 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, 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. 

3. Blue Skies Investments, LLC 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 qf 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

• 
minutes. 

4. Blue Skies Investments, LLC Seeks Exemption From The Requirement Of Section 

91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each 

owner or operator of an aircraft~ 

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 4 3 of this chapter[.] 

5. Blue Skies Investments, LLC 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§ 

43.7 of this chapter[.] 

7. Blue Skies Investments, LLC 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§ 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. 

8. Blue Skies Investments, LLC Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

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

following: 

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

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

paragraph (b) of this section: 

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

1 00-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 perfonned; and 

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

for return to service. 

(2) Records containing the following information: 

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

rotor. 

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

propeller, rotor, and appliance. 

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

required to be overhauled on a specified time basis. 

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

inspection required by the inspection program under which the aircraft and its 

appliances are maintained. 

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

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

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances. 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 

(1) The records specified in paragraph (a)(l) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

• return to servtce. 
C. The Extent Of Relief Blue Skies Investments, LLC Seeks And The Reason 

Blue Skies Investments, LLC Seeks The Relief. 

1.. Extent Of Relief Blue Skies Investments, LLC Seeks And The Reason Blue Skies 

Investments, LLC 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 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 relief because the DJI Phantom 3 UA 

does not require 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) prior to every flight, and further, 

dete1 tnine that the aircraft is in condition for safe flight, as stated in the conditions and 

limitations below. 

3. Extent Of Relief Blue Skies Investments, LLC Seeks And The Reason Blue Skies 

Investments, LLC 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 UA, which utilizes a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude infonnation 

from the UA to 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 (A TC) in feet 

above ground level (AGL), Blue Skies Investments, LLC seeks the requested reliefbecause the 

DJI Phantom 3 UA's altimeter maybe 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 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 of the UA on 

the heads-up display of the GCS. 

4. Extent Of Relief Blue Skies Investments, LLC Seeks And The Reason Blue Skies 

Investments, LLC Seeks Relief From Section 91.15l(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 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 relief because without an exemption from Section 91.151 (b), the flight time 
duration of the battery powered DJI Phantom 3 UA will severely constrain the practicality of 

any aerial video or still photo flight operations that Blue Skies Investments, LLC proposes to 

conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the 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 power to fly for a total duration of 13.5 

minutes to the first point of intended landing and, assuming nom1al cruising speed, to fly after 

that for at least 4. 5 minutes. 

5. Extent Of Relief Blue Skies Investments, LLC Seeks And The Reason Blue Skies 

Investments, LLC 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 Investments, LLC requests relief 

from these Sections because the DJI Phantom 3 U A 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, or preventive 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; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition 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 of structures, emergency services, and increasing public 

knowledge ofUASs and promoting safe UAS operations. 

Additionally, use of the DJI Phantom 3 UA will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of Blue Skies 

Investments, LLC's proposed operation of the DJIPhantom 3 UA will be realized without implicating 

• • 

any pnvacy 1ssues. 

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

The DJI Phantom 3 UA is battery powered and serves 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 perfonn aerial acquisitions, an exemption allowing the use 

of a DJI Phantom 3 UA 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 ca1Jsed by aniving and departing aircraft will be reduced. The DJI Phantom 3 

UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 
conducting aerial video and photography missions would result in fewer aircraft that must be 

handled by air traffic control during the ground, takeoff, departure; arrival, and landing 

phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 

UA. 

Conducting aerial acquisitions with the DJI Phantom 3 UA, 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 UA produces 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 UA, 

while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the 

u ·A is propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the DJI Phantom 3 UA to perform aerial acquisitions, the substantial risk to 

life and property in the air and on the ground, which is usually associated with traditional 

manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside 

from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 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 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 fee~ a length of 34 feet, and a fuel capacity of 180 gallons). 

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

UAS Will Benefit The Economy. 

In addition to being safe and efficien~ the DJI Phantom 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 States based companies, like Blue Skies 

Investments, LLC, 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 UA 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 UA, companies such as Blue Skies Investments, LLC, 

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 Dll Phantom 3 UA, 

provides a stable workforce that increases conslllller 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 Investments, LLC's proposed operation of the 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 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 Investments, LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of The FAA 

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

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

the unmanned aircraft and its operation, Blue Skies Investments, LLC's operation of the 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 of the NAS or the public, or otherwise pose a threat to national security. 

Specifically, FMRA Section 333 states the following, in part: 

(a) In General. --Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and rulemaking 

required by section 332 of this Act or the guidance required by section 334 of this 

Act. 

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

subsection (a), the Secretary shall determine) at a minimum--

(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 waiverJ certificate of authorization, or airworthiness 

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

the operation of unmanned aircraft systems identified under paragraph (1). 
(c) Requirements for Safe Operation. --If the Secretary determines under this section that 

certain unmanned aircraft systems may operate 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 of the DJI Phantom 3 UAS; (b) the pilot 

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

a. The Specifications Of The Dn Phantom 3 UA Demonstrates Its Safe 

Characteristics. 

The DJI Phantom 3 UA 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 UAS. 

The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI 

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

ii .. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable 

The UA To Remain Within A Defined Operational Area. 

The DJI Phantom 3 UA 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 UA is provided at pages 11-17 and 40-46 of the DJI Phantom 3 User 

Manual, attached hereto as Exhibit B. 

iii. The Dn Phantom 3 UA Is Designed For Automatic Return To Home Point Or 

Hover In The Event Of Loss Of The Control Lfuk Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UA will remain 

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

3 UA does not reacquire control link data from 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 takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 UA are 

set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as 

Exhibit B. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 GCS 

and flight control software is provided at pages 23 through 38 of the DJI Phantom 3 

User Manual. The DJI Phantom 3 User .Manual is attached hereto as Exhibits B. 
b. Flight Operations Of The DJI Phantom 3 UA Are Limited To The Line Of Sight 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) of the 

DJI Phantom 3 U A. Additionally, a safety observer will assist all pilots during flight 

time. 

c. Flights Of The Dn Phantom 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 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 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 UA may not be flown at an indicated airspeed exceeding 20 knots. 

4. The UA must be operated at an altitude of no 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 A TC. All altitudes reported to A TC must be in 

feetAGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA-issued ainnan 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 opemtions. 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 perfotm the functions prescribed in the 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 not 
petmitted 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 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 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 

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 aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight. The PIC who conducts the functional test flight must make an 

entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items_, or equipment, not already covered in the relevant 

sections of the operating documents. 

13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, 

overhaul; replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and the 

signature of the authorized person returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

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

taken against discrepancies discovered between inspections. 
17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 

18. The operator may not 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 U AS 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.P.R.§ 61.51(b). Flights for the purposes of training the operator's 

PICs are pennitted under the teims 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 U A with appropriate distance from 

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

19. U AS 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. 

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 U A loses communications or loses its G PS 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 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 nonnal cruising speed to the 

intended landing point and land the U A 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 Ainnan (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 ATO 

issued COA including class of airspace, altitude level and potential transponder 

requirements. 
26. All aircraft operated in accordance with the exemption must be identified by serial 

nmnber, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must 

be as large as practicable. 

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

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

other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F ~R. 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the UAS any time the UAS is operating. 

These documents must be made available to the Administrator or any law 

enforcement official upon request. 

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

operations and activities at all times. 

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

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

(persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, 

and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of the 

UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted perrnission 

and the PIC has made a safety assessment of the risk of operating 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 an undue hazard to those persons per§ 91.119(a). 

32. All operations shall be conducted over private or controlled-access property with 

pennission from the land owner/controller or authorized representative. Pennission 

from land owner/controller or authorized representative will be obtained for each 

flight to be conducted. 

3 3. 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 F AAts 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: ·w\V\¥.ntsb.gov. 
2. 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 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 upon the UA'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, 12928). 

3. 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 inforrnation of the Dll Phantom 3 VA 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 infonnation, 

combined with Blue Skies Investments, LLC's operation of the DJI Phantom 3 UA within 

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121 ~ The altitude infotmation will be generated by GPS equipment installed 

onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UA 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, 12928). 

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(l) the technical specifications of the DJI Phantom 3 

U A; (2) the limitations on the proposed flight operations; and (3) the location of the proposed 

flight operations. Accordingly, Blue Skies Investments, LLC will ensure that it \Vill safely 

operate the battery powered DJI Phantom 3 UA during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of 13.5 minutes to the first point of intended 

landing and, assuming norn1al cruising speed, to fly after that for at least 4.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UA; 

the limitations on the proposed flight operations; and the location of the proposed operations, 

will ensure an equivalent level of safety established by 14 C.F .R. Section 91.151 (b). 

Furthe1more, safety will be ensured as the DJI Phantom 3 UAS provides 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 3 UAS will 
descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at 

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, 

and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to 

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

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080,11109,11110,11136,11138,11150,11153,11156,11157,11158,11159,11160, 

11161). 

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

91.407(a)(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 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)(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 DJI Phantom 3 Instruction Manual). Furthennore, Blue Skies 

Investments, LLC will document and maintain all maintenance records for the DJI Phantom 3 

UA~ 

Since the DJIPhantom 3 UA will be inspected as prescribed by the operating 

documents, Blue Skies Investments, LLC will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the DJI 

Phantom 3 User Manual is attached hereto as Exhibit B; a copy of the DJI Phantom 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 on the U A using the methods, techniques, and practices prescribed by the 

operating documents. 

Furthennore, 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 UA will be performed by using the methods, techniques, and practices prescribed 

by the DJI Phantom 3 User Manual. 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)(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 of the UA are 

considered. 

In consideration of Blue Skies Investments, LLC's proposed operating limitations, 

the operating documents, and the technical aspects of the DJI Phantom 3 U A, 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 granted relief specific to UAS in circwnstances 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 of2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Blue Skies Investments, LLC 

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

Phantom 3 U A, 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 §§ 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 of the UASs for the limited 

purpose of conducting aerial video and photography over certain areas of the United States for 

compensation or hire. FMRA Section 3 3 3 sets forth the requirements for considering whether a 

U AS will create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security; and further, provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. 

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

§ 21.16, for operation of the DJI Phantom 3 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 of the aircraft~ Section 21.16, entitled Special Conditions, states the 

following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the 

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations. 

See 14 C.F.R. § 2L 16. 

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 of the Dn 

Phantom 3 UA, 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)(l), 

91.409(a)(l) & (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 Investments, LLC Seeks Exemption: 
Blue Skies Investments) LLC seeks 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), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption Blue Skies Investments, 

LLC Seeks: 

This exemption will permit Blue Skies Investments, LLC 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 

Investments, LLC's Request. 

This Petition is made pursuant to the FAA Modernization and Refonn Act of2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate 

safely in the NAS. 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 3 3 3 sets forth the requirements for considering whether a U AS 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 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 exemption pursuant to 14 

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which 

will penuit safe operation of the Dll Phantom 3 UAS commercially, without an airworthiness 

certificate, for the limited purpose of conducting aerial video and photography over certain areas of 

the United States~ By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Refonn Act of2012, while also advancing 

the interests of the public, by allowing Blue Skies Investments, LLC to safely, efficiently, and 

economically operate the DJI Phantom 3 UAS commercially within the NAS. 

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 exemption from 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 DJI Phantom 3 UAS commercially for the 

purpose of conducting aerial video and photography over certain areas of the United States. 
Dated: October 14, 2015 

EXHIBITS (Upload file): 

A ~ DJI Phantom 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