UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Aerial View Indy , Inc. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on November 5, 2015
Aerial View Indy, Inc. c/o David Dunten , President 6361 Schooler Drive Whitestown, IN, 46 0 7 5 Tel: ( 765 ) 337

- 31022 TABLE OF CONTENTS
Page

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

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

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

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

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

NAME AND ADDRESS OF PETITIONER.............................................................7 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AERIAL VIEW INDY SEEKS EX EMPTION.....................................................

.... 8

THE EXTENT OF RELIEF AERIAL VIEW INDY SEEKS AND THE REASON AERIAL VIEW INDY SEEKS THE RELIEF..................

.. .......11

THE REASONS WHY GRANTING AERIAL VIEW INDY ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY......................................... .................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT AERIAL VIEW INDY ’S REQUEST...

......... .....34

CONCLUSION...................................... ..............................................................................35

APPENDICES........................................................................................373 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Positioning System
LOL Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing4 SUMMARY
Aerial View Indy seeks exemption from the requirements of 14 C.F.R §§ 61.113(a)
& (b) , 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and
91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the
FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Aerial

View Indy to operate an Unmanned Aircraft System (UAS) for the commercial purpose of
conducting aerial video and photography of construction sites, real estate, inspections, and
landscape s over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER
Aerial View Indy provides its clients with aerial photo and video

. The objective of
Aerial View Indy ’s aerial video and photography operation s is to provide high quality
imaging for a variety of comme rcial, public, and residential uses, spe cifically targeting:

 Real Estate Marketing

 Infrastructure Inspection

 Construction sites before and after

 Increase public knowledge of UAS

 P romote safe UAS operations.

 Search and Rescue operations

BACKGROUND
Unmanned Aircraft Systems: DJI Phantom 3

Aerial View Indy seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing5

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or s mart phone systems. The DJI Phantom 3 Professional has a maximum
gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches
width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots.

The DJI Phantom 3 P rofessional is equipped with four main rotors; driven by Lithium
Polymer battery powered electric motors.

The DJI Phantom 3 Professional UA that will be operated by Aerial View Indy will
be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14
C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45,
Identification and Registration Marking

.

BASIS FOR PETITION
Petitioner, Aerial View Indy , pursuant to the provisions of the Federal Aviation

Re gulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012
(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby
petitions the Administrator to commercially operate the DJI Phantom 3 Professional UAS

in the Na tional Airspace System (NAS), and for an exemption from the requirements of 14
C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),
91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In consideration of the speed, weight, size, and limi ted operating area associated
with the unmanned aircraft and its operation, Aerial View Indy ’s operation of DJI Phantom

3 Professional UAS meets the conditions of FMRA Section 333 and therefore, will not
require an airworthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H.6 Accordingly, Aerial View Indy requests relief from Sections 91.405(a),
91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth
requirements for maintenance that only apply to aircraft with an airworthiness certificate.
Aerial View Indy submits that the requested relief is proper since an equivalent
level of safety will be ensured. Aerial View Indy 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 Professional Instruction Manual).
Furthermore, Aerial View Indy will document and maintain all main tenance records for the

DJI Phantom 3 Professional UAS.
Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot
privileges and limitations: Pilot in command , is requested by Aerial View Indy to the
extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level
certificate, as well as an airman medical certificate, and who has demonstrated, by meeting
minimum flight

- hour and currency requirements, that the PIC is a ble to safely operate the

DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including
evasive and emergency maneuvers and maintaining appropriate distances from people,
vessels, vehicles and structures.
Aerial View Indy seeks reli ef from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 Professional UAS do not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Aerial
View Indy submits that he will ensure th at the DJI Phantom 3 Professional UAS are in an
airworthy condition, prior to every flight, by determining that the UASs are in compliance7

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

Professional Instruction Manual), and that the aircraft are in a condition for safe flight.
Aerial View Indy also seeks an exemption from the requirements of Section
91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional UA will not have a
typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3

Professional UA will be provided to the PIC via Global Positioning System (GPS)
equipment and radio communications telemetry data link, which downlinks from the UA to
the GCS for active monitoring of the flight path. This altitude information, combined with
Aerial View Indy ’s operation of the DJI Phantom 3 Professional UASs within vis ual line
of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section

91.121.
Additionally, Aeri al View Indy seeks an exemption from the requirements of
Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Aerial View
Indy submits that safety will not be affected by operation of the DJI Phantom 3

Professional 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 t hat for at least 4.5 minutes.
In accordance with 14 C.F.R. § 11.81, Aerial View Indy provides the following
information in support of its petition for exemption:

A. Name And Address Of The Petitioner.
The name and address of the Petitioner and point of contact is:
Aerial View Indy , Inc. c/o David Dunten, President8

6361 Schooler Drive Whitestown, IN 4 6 0 7 5 Tel: ( 765 ) 337

- 3102 Email: Dunten@msn.com
B. The Spec ific Sections Of 14 C.F.R. From Which Aerial View Indy Seeks Exemption.

1. Aerial View Indy Seeks Exemption From The Requirements Of Section 61.113(a) And (b).
Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part:
(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.
(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or property for compensation or hire.

2. Aerial View Indy Seeks Exemption From The Requirements Of Section 91.7(a).
Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the
following:
(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Aerial View Indy 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 airc raft, as the case may be, by reference to an altimeter that is set, when operating

--9 (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or
(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. Aerial View Indy Seeks Exemption From The Requirements Of Section 91.151(b).
Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection
(b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising s peed, to fly after that for at least 20 minutes.

5. Aerial View Indy Seeks Exemption From The Requirement Of Section 91.405(a).
Section 91.405, entitled Maintenance required , subsection (a), states the following:
Each owner or operator of an aircraft

— ( a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Aerial View Indy Seeks Exemption From The Requirements Of Section 91.407(a)(1)
Section 91.407, entitled Operation after maintenance, preventive maintenance,
rebuilding, or alteration , subsection (a)(1), states the following:
(a) No person may operate any aircra ft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

--10 (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Aerial View Indy Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).
Section 91.409, entitled Inspections , subsection (a), states the following:
(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar mon ths, 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. Aerial View Indy Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).
Section 91.417, entitled Maintenance records , su bsections (a) and (b), state the
following:
(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:
(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appli ance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number of the person approving the aircraft for return to service.
(2) Records containing the following information:11 (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 cur rent 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 safe ty 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 prescri bed 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 speci fied in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred wi th the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Aerial View Indy Seeks And The Reason Aerial View Indy Seeks The Relief.

1. Extent Of Relief Aerial View Indy Seeks And The Reason Aerial View Indy Seeks Relief From Section 61.113(a) And (b).
Relief from Section 61.113(a) and (b) entitl ed Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a12

private pilot or higher level certificate, as well as a current and valid airman medical
certificate, and who has met certain fligh t

- hour and currency requirements, to conduct the
proposed UAS flight operations for compensation or hire.
This relief is requested since the limitations set forth in Section 61.113(a) and (b)
state that a private pilot may, for compensation or hire, act a s PIC of an aircraft in
connection with any business or employment if: (1) The flight is only incidental to that
business or employment; and (2) The aircraft does not carry passengers or property for
compensation or hire.
As set forth more fully below, Ae rial View Indy submits that an equivalent level of
safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Professional UAS unless that PIC has met certain flight

- hour and currency requirements,
demonstrating that the PIC is a ble to safely operate either the DJI Phantom 3 Professional
UAS in a manner consistent with the operations specifications as described in this
exemption, including evasive and emergency maneuvers, as well as maintaining
appropriate distances from people, v essels, vehicles and structures.
Further, Aerial View Indy submits that all flights of the DJI Phantom 3

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

incidental to Aerial View Indy ’s business; and (2) will not carry passengers or property for
compensation or hire.

2. Extent Of Relief Aerial View Indy Seeks And The Reason Aerial View Indy 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 Aerial View Indy to determine that the DJI Phantom 3

Professional UAS are in airworthy condition prior to every flight by ensuring that the UAS13

is in compliance with the operating documents (i.e., the Aerial V iew Indy Aerial
Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional
Instruction Manual).
Aerial View Indy seeks the requested relief because the DJI Phantom 3

Professional UAS do not require an airworthiness certificate in accordanc e with 14 C.F.R.
Part 21, Subpart H. Therefore, Aerial View Indy will ensure that the DJI Phantom 3

Professional UAS are in airworthy condition based upon its compliance with the operating
documents (i.e ., Monthly Maintenance Log, and DJI Phantom 3 Profess ional Instruction
Manual) prior to every flight, and further, determine that the aircraft are in condition for
safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Aerial View Indy Seeks And The Reason Aerial View Indy 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 Professional UAS, which utilize a barometric
pressure sensor, GPS equipment, and a radio communica tions telemetry data link to
downlink altitude information from the UA to the PIC at the ground control station (GCS).
Since the FAA requires that any altitude information concerning UAS operations be
reported to air traffic control (ATC) in feet above gro und level (AGL), Aerial View Indy
seeks the requested relief because the DJI Phantom 3 Professional UA’s altimeter may be
set on the ground to zero feet AGL, rather than the local barometric pressure or field
altitude, before each flight.
Considering the limited altitude of the proposed operations, relief from 14 CFR
91.121 is sought to the extent necessary to comply with the applicable conditions and
limitations stated below. As more fully set forth herein, an equivalent level of safety will14

be maintained since the DJI Phantom 3 Professional UA are equipped with a barometric
pressure sensor and GPS equipment, which automatically ensures that a ground level
pressure setting will be established prior to each flight, and provides the PIC with altitude

informa tion of the UA on the heads

- up display of the GCS.

4. Extent Of Relief Aerial View Indy Seeks And The Reason Aerial View Indy Seeks Relief From Section 91.151(b).
Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions , is requested to the extent required to allow flights of the battery powered DJI

Phantom 3 Professional UAsduring 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 normal cruising speed, to fly after that for at least

4.5 minutes. Aerial View Indy seeks the requested relief because without an exemption
from Section 91.151(b), the flight time duration of the battery powered DJI Phant om 3

Professional UA will severely constrain the practicality of any aerial video or still photo
flight operations that Aerial View Indy proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the DJI Phantom 3

Professional UAS, the DJI Phantom 3 Professional operating documents, and Aerial View
Indy ’s proposed operating limitations, ensure that Aerial View Indy will safely operate the
battery powered DJI Phantom 3 Professional 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 normal cruising speed, to fly a fter that for at least 4.5 minutes.

5. Extent Of Relief Aerial View Indy Seeks And The Reason Aerial View Indy Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).15 Since Sections 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b)
only apply to aircraft with an airworthiness certificate, Aerial View Indy requests relief

from these Sections because the DJI Phantom 3 Professional UAS do not require
airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional
UAS meet the conditions of FMRA Section 333 for operation without an airworthiness
certificate. Accordingly, Aerial View Indy will use trained technicians to perform
maintenance, alterations, or preventive maintenance on the UAS using the methods,
techniques, and practices prescribed in the UAS operating documents (i.e., the Aerial View
Indy Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual). Furthermore, Aerial View I ndy will document and

maintain all maintenance records for the DJI Phantom 3 Professional UAS.
D. The Reasons Why Granting Aerial View Indy ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the pres ent Petition will further the public interest by allowing Aerial
View Indy to safely, efficiently, and economically perform aerial video and photography of
construction sites, infrastructure inspections, real estate, and landscape over certain areas

of the United States.
Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion
of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the

benefits of Ae rial View Indy ’s proposed operation of the DJI Phantom 3 Professional UAS
will be realized without implicating any privacy issues.
1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional UA are battery powered and serve as a safe,
efficient, and economical alternative to the manned aircraft traditionally utilized to obtain16

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial
acquisitions, an exemption allowin g the use of a DJI Phantom 3 Professional UAS would
reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as
increase the safety of life and property in the air and on the ground.
Furthermore, by reducing the number of m anned aircraft operating in the NAS,
congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 Professional UA do not require an airport to takeoff or land. Likewise, a
reduction of manned aircraft conducting a erial 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 Efficien cy Of The DJI Phantom 3 Professional UAS.
Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned
aircraft, will greatly benefit the public by drastically reducing the levels of air and noise
pollution generated during traditional ae rial video and still photography flight operations.
By using battery power and electric motors, the DJI Phantom 3 UAS produce no air
pollution, and is the most viable environmentally conscious alternative to the cabin class,
six cylinder internal combustio n 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 Professional UA, while reducing the carbon footprint of aerial
acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered
electric motors, rather than an internal combustion engine.
By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the
substantial risk to life and property in th e air and on the ground, which is usually17

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 Prof essional UAs (weighing a pproximately 2 pounds 11

ounces , at their maximum gross weights with lengths of 16 inches, widths of 16 inches
respectively, and with no fuel on board), has less physical potential for collateral damage
to life and property on the ground, and in the air, compared to the manned aircraft that
typically conduct similar operations (weighing approximately 6,000 pounds with a
wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).
3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional UAS Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 3 Professional UAS are
also an economical alternative to using manned aircraft to conduct similar aerial
operations. As such, operation of the DJI Phanto m 3 Professional UAS will allow United
States based companies, like Aerial View Indy , 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‖) re gulatory 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 Professional
UAS is one such technology that not onl y 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 Professional UAS, companies such as Aerial Vie w Indy , 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.18

economy. Improved financial performance of U.S. companies, through commercial u se of

the DJI Phantom 3 Professional UAS, provides a stable workforce that increases consumer
spending; improves local, state, and federal tax revenues; and allows companies to invest
in research and development in order to remain competitive both in the U nited States and

abroad.
4. There Are No Privacy Issues.
Similar to the manned aerial acquisition flight operations that have been conducted for
decades, Aerial View Indy ’s proposed operation of the DJI Phantom 3 Professional UAS
will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS
will be operated only in compliance with operating documents (i.e., the Aerial View Indy
Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Profes sional
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 Aerial View Indy Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Professional UA M eet 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, Aerial View Indy ’s operation of the DJI

Phantom 3 Professional UAS meet the conditions of FMRA Section 333, and will not
require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Section 333 provides authority for a UAS to operate without airworthiness
certification and sets forth requirements for considering whether a UAS will create a19

hazard to users of the NAS or the public, or otherwise pose a threat to national security.
Speci fically, 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 certa in 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 Syste ms.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populate d areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthines s 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 cert ain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Aerial View Indy subm its that the DJI Phantom 3

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as
demonstrated by: (a) the characteristics of the DJI Phantom 3 ; (b) the pilot certification
requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional UAS do not create a hazard to users of the NAS or
the public, or otherwise pose a threat to national security considering its size, weight,
speed, and operational capability.20 i. Technical Specifications Of The DJI Phantom 3 Professional UAS. The technical specifications of the DJI Phantom 3 Professional UAS are set forth
by the DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as

Exhibit A.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And

Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and fully
autonomous flight modes. A complete description of the flight and navigational modes of

the DJI Phantom 3 Professional UAS is provided at pages 25

- 35 of the DJI Phantom 3

Professional User Manuals , attached hereto as Exhibit B

.

iii. The DJI Phantom 3 Professional UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.
When the Control Link is lost, the DJI Phantom 3 Professional UA will remain
stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3

Professional UA do es not reacquire control link data from the GCS, the UAs will assume
that the Control Link is lost and the UAs will return to the home posit ion (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 Professional
UAS are set forth at pages 27 through 29 of the DJI Phantom 3 User Manuals, attach ed

hereto as Exhibit B

.

iv. The DJI Phantom 3 Professional GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3

Professional GCS and flight control software is provided at pages 32 through 43 of the DJI21

Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manuals are

attached hereto as Exhibits B

.

b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Aerial View Indy will only utilize certificated pilots who possess a current and
valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3

Professional UAS . Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Aerial View Indy proposes to commercially operate DJI

Phantom 3 Professional UAS for the special purpose of conducting aerial video and
photography over certain areas of United States, pursuant to the following specific
operating limitations:
1. Operations authorized by t his 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 Professional and DJI Inspire 1 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 photog raphy. 3. The UAs may not be flown at an indicated airspeed exceeding 35 knots. 4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a sp ecial request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any devi ce other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.22 7. All operations must utilize a safety observer (SO). The SO m ay be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be des ignated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assis ting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petit ions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspect ion reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be i ncluded 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

.23 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 air craft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

1 6. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medi cal certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemp tion, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes o f training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential f or flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1 . All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are n ot 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 conduct ed in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 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.24 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. T his COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identificati on (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Commun ications 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 oper ated 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 unle ss: 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 such25 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 permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determi ned that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or fl ight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transport ation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Aerial View I ndy submits that the equivalent level of safety established by Section
61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum
flight

- hour and cu rrency requirements, that the PIC is able to safely operate the DJI

Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive
and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and str uctures.
Considering Aerial View Indy ’s proposed area of operations, and the operating

limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge
requirements to those of commercial pilot requirements ( See Exemption No. 11062 ); and
the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS,26

Aerial View Indy submits that the additional manned airmanship experience of a
commercially certificated pilot would not correlate to the airmanship skills necessa ry for
Aerial View Indy ’s specific proposed flight operations.
The FAA has previously granted relief from Section 61.113(a) and (b) specific to
UAS, in circumstances similar, in all material respects, to those presented herein (e.g.
Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,
11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
Aerial View Indy will not allow any PIC to operate the DJI Phantom 3 Professional
UAS unless that PIC has demonstrated, by meeti ng minimum flight

- hour requirements or

the DJI Phantom 3 Professional UAS training and currency requirements, that the PIC is
able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with
this exemption, including evasive and emergency maneuvers and maintaining appropriate
distances from people, vessels, vehicles and structures.
Specifically, the PIC must have accumulated and logged, in a manner consistent

w ith 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a
minimum of 5 hours of those hours as a UAS pilot operating the same make and model of
UAS to be used for operations under the exemption). In addition to the hour requirement s, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency
purposes).
As in Exemption Nos. 11062, 11138, and 11153, prior documented flight
experience that was obtained in compliance with applicable regulations will ensure a n equivalent level of safety during Aerial View Indy ’s proposed operations. The27

Administrator has held that prior documented flight experience that was obtained in
compliance with applicable regulations would ensure safe operations, stating as follows:
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and t he 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- ho ur requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in complia nce with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- b uilding flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.
Accordingly, Aerial View Indy will ensure safe operations by not allowing any PIC
to operate the DJI Pha ntom 3 Professional UAS unless that PIC has demonstrated, by
meeting minimum flight

- hour and currency requirements, that the PIC is able to safely
operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption,
including evasive and e mergency maneuvers and maintaining appropriate distances from
people, vessels, vehicles and structures.
3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained
because prior to every flight, Aerial View Indy will ensure that the DJI Phantom 328

Professional UAS is in an airworthy condition based upon the UAS’s compliance with its
operating documents and as stated in the condition s and limitations herein.
Additionally, the FAA has previously granted relief from Section 91.7(a) specific
to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.
Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067 , 11080, 11109, 11110, 11112,
11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Sec tion 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professional UA will be provided to
the PIC via GPS equipment and a radio communications telemetry data link, which
downlinks from the UA to the GCS for active monitoring of the flight path and altitude.
This altitude information, combined with Aerial View Indy ’s operation of the DJI Phantom

3 Professional UA within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level
of safety equivalent to Section 91.121. The altitude information will be generated by GPS
equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point
is automatically established by the UASs at ground level.
The FAA has previously granted relief from Section 91.121 specific to UAS, in
circumstances similar, in all material respects, to those presented herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 111 12, 11136, 11138,
11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety est ablished by
14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI29

Phantom 3 Professional UAS ; (2) the limitations on the proposed flight operations; and (3)
the location of the proposed flight operations. Accordingly, Aeria l View Indy will ensure
that it will safely operate the battery powered DJI Phantom 3 Professional 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 normal cruising speed, to
fly after that for at least 4.5 minutes.
Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

Professional UAS ; the limitations on the proposed flight operations; and the location of the

pr oposed operations, will ensure an equivalent level of safety established by 14 C.F.R.
Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional

UAS provide audible and visual warnings to the PIC at the GCS when the UAs
experi ences low battery voltage, the first warning occurring at approximately 33%
remaining battery power, and again at approximately 10% remaining battery power. At the
critically low battery level, the DJI Phantom Vision+ UAS will descend and land

automaticall y. 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

a ircraft 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 respec ts, to
those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,30

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,
11157, 11158, 11159, 11160, 11161).
6. Reasons Why An Exemption From The Requir ements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Aerial View Indy submits that the equivalent level of
safety with regard to the regulatory maintenance and alteration requirements established by
Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because Aerial View Indy will use tra ined technicians to perform maintenance, alterations,
or preventive maintenance on the UASs using the methods, techniques, and practices
prescribed in the operating documents (i.e., the Aerial View Indy Aerial Operations
Manual, Monthly Maintenance Log, an d DJI Phantom 3 Professional Instruction Manual).
Furthermore, Aerial View Indy will document and maintain all maintenance records for the

DJI Phantom 3 Professional UAS

.
Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the
operating documents, Aerial View Indy will maintain the equivalent level of safety
established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 3 Professional User Manual is attached h ereto as Exhibit B ; a copy of the DJI

Phantom 3 Professional UA Maintenance LOG is attached hereto as Exhibit C E.
Likewise, the exemption sought will not adversely affect safety because Aerial
View Indy will use trained technicians to perform maintenance, alterations or preventive
maintenance on the UAS using the methods, techniques, and practices prescribed by the
operating documents.
Furthermore, the exemption sought would maintain an equivalent level of safety
established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the31

DJI Phantom 3 Professional UAS will be performed by trained technicians. Maintenance
will be documented and maintained utilizing the monthly maintenance log.
Significantly, previous exemptions granted by the F AA concerning Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is
not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of Aerial V iew Indy ’s proposed operating limitations, the
operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS , Aerial View Indy submits that safety will not be adversely affected by granting exemption
from 14 C.F.R. Sections 91.405(a) , 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a)
and (b). The FAA has previously granted relief specific to UAS in circumstances similar,
in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,
11064, 11065, 11066, 1106 7, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,
11156, 11157, 11158, 11159, 11160, 11161).
7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012
(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Aerial View Indy requests that
the FAA prescribe special conditions for the intended operation of the DJI Phantom 3

Professional UAS , which contain such safety standards that the Administrator finds

necess ary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,
Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),
91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions wi ll
permit safe operation of the UAs for the limited purpose of conducting aerial video and32

photography over certain areas of the United States for compensation or hire. FMRA
Section 333 sets forth the requirements for considering whether a UAS will create a hazard
to users of the NAS or the public, or otherwise pose a threat to national security; and
further, provides the authority for such UAS to operate without airworthiness certification
in accordance with any requirements that must be established for th e 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 Professional UAS , since the airworthiness
regulations of 14 C.F.R. Part 21 do not contai n 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 contai n 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. T he 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 reg ulations.

See 14 C.F.R. § 21.16.
Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA
may prescribe special conditions for Leading Edge’s intended operation of the DJI

Phantom 3 Professional UAS , which contain such safety standards that the Administrator
finds necessary to establish a level of safety equivalent to that established by 14 C.F.R.
Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2 ), and 91.417(a) & (b).33

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Aerial View Indy Seeks Exemption:
Aerial View Indy seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
A Brief Description Of The Nature Of The Exemption Aerial View Indy Seeks:
This exemption will permit Aerial View Indy 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 Aerial View Indy ’s Request.
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012
(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain
UAS may operate safely in the NAS. As such, Aerial View Indy ’s request for exemption

m ay be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as

set forth above.
FMRA Section 333 sets forth the requirements for considering whether a UAS will
create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national
security; and further, provides the authority for such UAS to operate without airworthiness

certification.
As discussed in detail above, Aerial View Indy will operate the DJI Phantom 3

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

CONCLUSION
As set forth herein, Aerial View Indy seeks an exemption pursuant to 14 C.F.R. §
11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),34

which will permit safe operation of the DJI Phantom 3 Professional UAS commercially,
without an airworthiness certificate, for the lim ited purpose of conducting aerial video and
photography over certain areas of the United States. By granting this Petition, the FAA
Administrator will be fulfilling the Congressional mandate of the FAA Modernization and
Reform Act of 2012, while also advan cing the interests of the public, by allowing Aerial
View Indy to safely, efficiently, and economically operate the DJI Phantom 3 Professional

UAS commercially within the NAS.

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

Mode rnization and Reform Act of 2012, Section 333, Aerial View Indy respectfully
requests that the Administrator grant this Petition for an exemption from the requirements
of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1 ),
91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI

Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and
photography over certain areas of the United States.

Date d: November 5, 2015

Respectfully submitted,
Aerial View Indy

_______________________ Aerial View Indy , Inc. c/o David Dunten, Pres ident 6361 Schooler Drive Whitestown, IN 4 6 0 7 5 Tel: ( 765 ) 337

- 301235

Appendic es :

A

– DJI Phantom 3 Professional Technical Specifications B

- DJI Phantom 3 Professional Manufacturer’s User Manual36 APPENDIX

– A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS
Aerial View Indy only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/t ablet devices)

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2 .82lbs (12 80 g) 1.1.1.3 Hover Accura cy (Ready to Fly)

– Vertical: .5 m; Horizontal: 1 .5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 5 m/s 1.1.1.7 Max Descent Speed

– 3 m/s 1.1.1.8 Max Flight Speed

– 1 6 m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3‖ 1.1.3.3 Effective Pixel s

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance : 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW37 1.1.4.5 Working Voltage

– 120mA@3.7V
1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W38 APPENDIX

– B

DJI Phantom 3 Professional Manufacturer’s User Manual

D ue to file size limitation s of 10.5MB , the user manual can be found online at

..

http://www.dji.com/product/phantom

- 3/download39 APPENDIX

– C40