POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL

AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory

Docket No.______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Polaris Aerial Imaging, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**  TI TL E 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) CONCERNI

NG COMMERCI AL OPERATION OF THE DJ I PHANTOM 3 PROFESSI ONAL AI RCRAFT **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND** 

**REFORM ACT OF 2012** (PUBLIC LAW 112

- 95)

Submitted on 10/18/2015 Timothy L . Sl arb/ Polaris Aerial Imaging LLC 1323 Country

Side Drive Newark, OH 43055 Tel: (614) 390

- 4284 Email: Slarb.3@buckey email.osu.eduPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

2 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS

......................................................... ...... . 3 SUMMARY..........................................................................................

....... 4 IN TRODUCTION AND INTERESTS OF THE PETITIONER..............................

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

...... 4 BASI S FOR PETITION...........................................................................

...... 5 SECTI ONS OF 14 C.F.R. THAT POLARI S AERIAL IMAGING SEEKS EXEMPTION..............................................................................

...... 5 EXTENT AND REASONING OF RELIEF THAT POL ARIS AERIAL IMAGING SEEKS........................................................................

.................... 9 HOW REQUEST WILL BENEFIT THE PUBLIC.................................... .... 12 REASONS WHY THE EXEMPTION WILL NOT ADVERSL Y AFFECT SAFETY.................................................................................... ...... 13 CONCL USION.................................................................................... ...... 21 APPENDI CI ES.......................................................................................... 22POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

3 **GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem NAS National Airspace Sy stem NOTAM Notice t o Airmen PI C Pilot I n Command Section 333 FAA Modernization and Reform Act of 2002 (FMRA) Section 333 SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VO Visual Observer VTOL Vertical Takeoff and LandingPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

4 **SUMMARY** Polaris Aerial Imaging LLC seeks permission for exemption from the requirements of 14 C.F.R. part 21, subpart H; and 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) , t o operate an Unmanned Aircraft Sy stem (UAS) in accordance to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). The exemption will grant Polaris Aerial Imagery permission to commer cially operate UAS(s) for conducting precision agriculture, real estate, wedding, and other special event’s videograph y and photography needs within the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Polaris Aerial Imaging LLC is a new compan y looking to become the premier unmanned aircr aft service provider in Ohio. Polaris Aerial Imaging LLC will provide high quality aerial video graph y and photography for real estate companies, agriculture, forestry , secur ity , entertainment, and special events.

**BACKGROUND**

Unmanned Aircraft Sy stems: DJI Phantom 3 Professional Polaris Aerial Imaging LLC seeks permission to operate a DJ I Phantom 3 Professional UAS for compensation. The Phantom 3 Professional UAS is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) that utilizes an electronic tablet or smart phone

. The Phantom 3 Professional UAS is an electric powered , 4 rotary wing UAS that has live airborne video and location transmitting capabilities. The Phantom 3 Profe ssional UAS has a weight of 2.82 pounds (well under the 55 pound limit) , with a length and width of 11.4 inches, a height of 7.283 inches and a maximum airspeed of 31.1 knots

. It can reac h an altitude of 19,690 feet AGL with a range of 1.2 miles away from the GCS. The Phantom 3 Professional UAS works between the temperature range of 0°C to 40°C. The aircraft is powered b y a 15.2 volt Li thium Poly

mer V1.0 I ntelligent Flight Battery that provides flight for approximately 23 minutes when fully charged. Both the Phantom 3 Professional UAS and the GCS operate on a 2.400

- 2.483 GHz range. The Phantom 3 Professional that will be operated by Polaris Aerial Imaging LLC will be registered in accordance with 49 U.S.C 44103, Registration of Aircraft , asPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

5 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** Timothy Slarb of Polaris Aerial Imaging LLC , pursuant to the provisions of Federal Aviatio n Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereb y petitions the Administrator to commercially operate the DJ I Phantom 3 Professional UAS in th e National Airspace S ys tem (NAS), and for the exemption from the requirements of 14 C.F.R. part 21, subpart H; and 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).

**SECTIONS OF 14 C .F.R. THAT POLARIS AERIA**  **L IMAGING SEEKS EXEMPTION**  **:**
**1.) Polaris Aerial Imaging LLC**  **Seeks Exemption From The Requirements Of Section 61.113(a) & (b).**  Section 61.113, entitled Private Pilot Privileges and L imitations : 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 (PI C) of an aircraft that is carry ing passengers or propert y for compensation or hire; nor may

that perso n, 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 an y business or employ ment if

- (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2.) Polaris Aerial Imaging LLC**  **Seeks Exemption From the Requirement Of Section 91.7(a).** POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

6 Section 91.7, entitled Civil Aircraft A irworthiness, subsec tion (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.
**3.) Polaris Aerial Imaging LLC**  **Seeks Exemption From the Requirement O**  **f Section 91.121.** Section 91.121, entitled Altimeter S ettings , subsect ion (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, b y reference to an altimeter that is set, when operating

- (1) Belo w 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 sec tion, the current reported altimeter setting of an appropriate available station; or

- (iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting av ailable before departure.
**4.) Polaris Aerial Imaging Seeks LLC**  **E xemption From The Requirements O**  **f Section 91.151(b).**  Section 91.151, entitled Fuel Requirements for F light in VFR conditions , subsection (b), states the following: (b) No person may

begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
**5.) Polaris Aerial Imaging LLC**  **Seeks E xemption From The Requirements O**  **f Section 91.405(a).**  Section 91.405, entitled Maintenance R equired, subsection (a), states the following: Each owner or operator of an aircraft

-POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

7 (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.) Polaris Aerial Imaging LLC**  **Seeks Exemption From The Requirements Of Section 91.407(a)(1).**  Section 91.407, entitled Operation After Maintenance, Preventive M aintenan ce, Rebuilding, or A lteration, subsection (a)(1), s tates 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 b y a person authorized under §43.7 of this chapter[.]
**7.) Polaris Aerial Imaging LLC**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

- (1) An annual inspection in accordance with part 43 of this chapter and has been ap proved 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.) Polaris Aerial Imaging LLC**  **Seeks Exemp tion 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 own er or operator shall keep the following records for the periods specified in paragraph (b) of this section:POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

8 (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100 hour, annual, progressive, and othe r required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the air craft 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 b y the inspection program under which the aircraft and it’s appliances are maintained. (v) The current status of applicable airworthiness directive (AD) and sa fet y directives including, for each, the method of compliance, the AD or safet y 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 b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

9 (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 y ear 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 defect furnished to registered owner or op erator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**EXTENT AND REASONING OF RELIEF THAT POLARIS AERIAL IMAGING SEEKS**
**1.)	Extent	and	Reasoning	Of	Relief	Polaris	Aerial	Imaging		LLC	Seeks	From	Section 61.113(a)	And	(b).**  Relief	from	Section	61.113(a)	and	(b)	is	requested	to	allow	a	PIC	holding	a	Private	pilot,	or higher,	level	certificate,	as	well	as	a	current third class medical	certificate,	to	operate	the UAS	for	compensation	or	hire.
Relief	is	requested	because	the	limitations	applied	in	Section	61.113(a)	and	(b)	state	that	a Private	pilot	may,	for	compensation	or	hire,	act	as	PIC	of	an	aircraft	in	connection	with	any b usiness	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.

Polaris Aerial	Imaging	LLC	will	operate	and	maintain an optimal	level	of	safety by	only allowing	a	PIC	with	proficient	skills	and	training	to	operate	the	Phantom	3	Professional. The	PIC	will	be	trained	to	operate	the	UAS	in	a	manner	specified	by	this	exemption	to include	evasive	and	emergency	maneuvers,	as	well as	maintaining	appropriate distancesPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

10 from	people,	vehicles, and	structures.
All	flights	that	are	performed	by	Polaris	Aerial	Imaging	LLC	will	be	incidental	to	the business	and	will	not	carry	passengers	or	property	for	compensation	or	hire.
**2.)	Extent and	Reasoning	Of	Relief	Polaris	Aerial	Imaging	LLC	Seeks	From	Section**  **91.7(a)**
**.** Relief	from	Section	91.7(a)	is	requested	to	allow	Polaris	Aerial	Imaging	LLC	to	determine that	the	DJI	Phantom	3	Professional UAS is	in	an	airworthy	condition	prior	to	every	fli ght by	ensuring	that	the	UAS	is	in	compliance	with	the	operating	documents:	Monthly Maintenance	Log	and	DJI	Phantom	3	Professional UAS Instruction	Manual. Relief	is	requested	because	the	DJI	Phantom	3	Professional UAS does	not	require	an airworthiness	cert ificate	in	accordance	to	14	C.F.R.	Part	21,	Subpart	H.	Therefore,	Polaris Aerial	Imaging	LLC	will	ensure	that	the	DJI	Phantom	3	Professional UAS is	in	airworthy condition	based	upon	compliance	with	the	operating	documents	supplied	by	DJI	prior	to every	fli ght.
**3.)	Extent	and	Reasoning	Of	Relief	Polaris	Aerial	Imaging	LLC	Seeks	From	Section 91.121.**  Relief	from	Section	91.121	is	requested	due	to	the	DJI	Phantom		3	Professional UAS not containing	an	onboard	barometric	altimeter.	The DJI Phantom	3	Professional UAS utilizes	a barometric	pressure	sensor,	GPS	equipment,	and	a	radio	communications	telemetry data link	to	downlink	altitude	information	from	the	UA S	to	the GCS	for	active	fli ght	path monitoring. Polaris	Aerial	Imaging	requests	relief	because	the	DJI	Pha ntom	3	Professional UAS altimeter	may	be	set	on	the	ground	to	zero	feet	AGL,	rather	than	the	local	barometric pressure	or	field	altitude,	before	each	flight. The	altitude	information,	combined	with	the PIC’s	operation	within	VLOS,	at	or	below	500	feet	AGL, will	ensure	a	level	of	safety equivalent	to	Section	91.121.
**4.)	Extent	and	Reasoning	Of	Relief	Polaris	Aerial	Imaging	LLC	Seeks	From	Section 91.151(b).** POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

11 Relief	from	Section	91.151(b)	is	requested	to	allow	flights	of	the	battery	powered	DJI Phantom	3	Profe ssional UAS during visual	meteorological	conditions	(VMC)	under	visual flight	rules	(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	of	approximately	20 minutes.
**5.)	Extent	and	Reasoning	Of	Relief	Polaris	Aerial	Imaging	LLC	Seeks	From Sections**  **91.405(a),	91.407(a)(1)	&	(a)(2),	And	91.417(a)	&	(b).** Relief	from	Sections	91.405(a),	91.407(a)(1)	&	(a)(2),	and	91.417(a)	&	(b)	is requested as these section’s maintenance requirements onl y apply to aircraft that require an airworthiness certif icate.
The conditions set forth by FMRA Section 333 involving speed, weight, size, and limited operating area associated with Polaris Aerial Imaging LLC and its use of the Phantom 3 Professional UAS are meet and therefore, will not require an airworthines s certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Polaris Aerial I maging LLC will perform maintenance, alterations, or preventive maintenance on the DJ I Phantom 3 Professional UAS using the methods, techniques, and practices presc ribed in the DJ I operating documents: Maintenance Lo gs and DJI Phantom 3 Professional UAS In struction Manual.

**HOW REQUEST WILL BENEFIT THE PUBLIC** Granting the petition for exemption by Polaris Aerial I maging LL C will further the public interest by

allowin g the performance of safe, efficient, and economical aerial video graph y and phot ograph y for the needs of real estate companies, agriculture, forestry, security, entertainment, and personal events within the United States. The use of the DJ I Phantom 3 Profe ssional UAS will decrease NAS congestion, reduce air pollution, and provide employ ment to the economy

. The benefits of Polaris Aerial Imaging LLC’s operation will be obtained without implication to public privacy

issues.
**1.) The Public Will Benefit From T he Safety and Efficiency of The DJI Phantom 3**  **Professional UAS.** The use of the DJ I Phantom 3 Professional UAS for aerial photography and videograph yPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

12 acquisition will benefit the public by reducing the levels of air noise and pollution generated by manned a ircraft. The DJ I Phantom 3 Professional UAS’s battery powered motors produce no air pollution and is a more viable option compared to traditional manned aircraft. While reducing the carbon footprint of aerial operations, the use of the DJ I Phantom 3 Profes sional UAS will reduce the risk of damage to life and propert y in the air and on the ground. The lack of a manned flight crew and the UAS’s small size makes it less likely to pose a ph ys ical threat to life and propert y.

**2 .) The Public Will Benefit From**  **Decreased NAS Congestion and Air Pollution**  **.** The DJ I Phantom 3 Professional UAS is battery powered and will serve as a safe, efficient, and economical alternative compared to the traditionally utilized manned aircraft used to perform aerial photograph y and videograph y. Reducing the amount of manned aircraft in use will reduce the amo unt of air traffic noise and air pollution, as well as increase the safety of life and propert y in the air and on the ground.
The UAS will not require an airport for takeoff or landing, thus reducing the congestion around airports from departing and arri ving aircraft. The reduction in air traffic will also reduce the air traffic load that is placed on ATC.
**3.) Performing Aerial Photography and Videography With The DJI Phantom 3**  **Professional UAS Will Benefit The Economy.** In	addition	to	being	safe	and	ef ficient,	the	use	of	the	DJI	Phantom	3	Professional	UAS	is	an economical	alternative	to	manned	aircraft.	By	using	electric	instead	of	aviation	fuels, Polaris	Aerial	Imaging	can	keep it’s	costs	lower	than	traditional	manned	aircraft	operations and	stay	compe titive	and	profitable	in	the	ever

- growing	aviation	field.	This	provides greater	job	stability	and	a	stable	workforce	that	increases	consumer	spending;	improving local,	state	and	federal	tax	revenues.

**REASONS WHY THE EXEM PTION WILL NOT ADVERSLY AFFECT**  **SAFE TY** 
**1.)	Reasons	Why	The	DJI	Phantom	3	Professional	UAS	Meets	The	Conditions	Of	The**POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

13 **FAA	Modernization	and	Reform	Act	of	2012	(FMRA)	Section	333.** With	consideration	of	the	size,	weight,	speed,	and	limited	operating	area	associated	with the	UAS	and	it’s operation,	Polaris	Aerial	Imaging	LLC’s	operation	of	the	DJI	Phantom	3 Professional	UAS	meets	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	autho rity	for	a	UAS	to	operate	without an	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	3 33	states	the	following:
(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	ai rcraft	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	Air craft	Systems.

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

- (1)	Which	types	of	unmanned	aircraft	systems,	if	any,	as	a	result	of	their size,	weight,	speed,	operational	capability,	proximity	to	airports	and populated	areas,	and	operation	within	visual	line	of	sight	do	not create	a	hazard	to	users	of	the	national	airspace	system	or	the	public or	pose	a	threa t	to	national	security;	and
(2)	Whether	a	certificate	of	waiver,	certificate	of	authorization,	or airworthiness	certification	under	section	44704	of	title	49,	United States	Code,	is	required	for	the	operation	of	unmanned	aircraft systems	identified	under	paragraph	(1).POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

14 (c)	Requirements	for	Safe	Operation.

- If	the	Secretary	determines	under	this section	that	certain	unmanned	aircraft	systems	may	operate	safely	in	the national	airspace	system,	the	Secretary shall	establish	requirements	for	the safe	operation	of	such	aircraft	systems	in	the	national	airspace	system.
In	seeking	this	exemption,	Polaris	Aerial	Imaging	LLC	submits	that	the	DJI	Phantom	3 Professional	UAS	can	safely	operate	in	the	NAS	purs uant	to	FMRA	Section	333,	as demonstrated	by:	(a)	The	characteristics	of	the	DJI	Phantom	3	Professional	UAS ;	(b)	The pilot	certification	requirements;	and	(c)	The	specific	operating	limitations.
**(a). The Specifications Of The DJI Phantom 3 Professional U AS**  **Demonstrates It’s Safe Characteristics.** The DJ I Phantom 3 Professional UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering it’s size, weight, speed, and operational capability

. **(1.) Technical Specification Of The DJI Phantom 3 Professional UAS.**  The technical specification of the DJ I Phantom 3 Professional UAS is set forth b y the DJ I Phantom 3 Professio nal User Manuals, attached hereto as Appendices A. **(2) The DJI Phantom 3 Professional UAS’s Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined**  **Operational Area.** The DJ I 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 DJ I Phantom 3 Professional UAS is provided in th e DJ I Phantom 3 Professional User Manual and DJ I Safety Guidelines Disclaimer , attached. **(3) The DJI Phantom 3 UAS Is Designed F or Automatic Return To**  **Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control L ink is lost, the DJI Phantom 3 Professional UASPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

15 will remain stationary , in flight, for 3 . If, after 3 seconds , the DJ I Phantom 3 Professional UAS does not reacquire Control Link data from the GCS, the UAS will assume that the Control Li nk is lost and the UAS will return to the hom e position via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phanto m 3 P rofessional UAS are set forth from pages 12

- 16 of the DJ I Phantom 3 Professional User Manual , attached

. **(4) The DJI Phantom 3 Professional GCS And It’s Operation.** A complete description of the operation and specifications of t he DJI Phantom 3 Professional GCS and flight control software is provided in pages 23

- 29

. of the DJI Phantom 3 Professional User Manuals, attached. **(b) Flight Operations of the DJI Phantom 3 Professional UAS Is Limited To The Visual Line Of Sight Of A Certified Pilot In Command With A**  **Visual Observer.** Polaris Aerial Imaging LLC will only utilize certified pilots who possess a current and valid airman license and medical certificate to act as a Pilot I n Command (PI C) of the DJ I Phantom 3 UAS. A visual observer will assist the PI C during all flight operations. **(c) Flights Of The DJI Phantom 3 Professio nal UAS Will Be Conducted**  **Pursuant To Specific Operating Limitations.** In seeking this exemption, Polaris Aerial I maging LLC requests to commercial operate the DJ I Phantom 3 Professional UAS for the purpose of conducting aer ial photograph y and videography within the United States pursuant to the following specific operating limitations: (14 ) Polaris Aerial I maging LLC must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. COA including class of airspace, altitude level and potential transponder requirements.
(1) Operations authorized by this grant of exemption will be limited to thePOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

16 DJI Phantom 3 Professional UAS which is less than 55 pounds with a maximum speed under 100 miles per hour. The UAS may not be flown at an indicated airspeed exceeding 20 knots.
(2) UAS operations under this exemption will be limited to conducting operations for the purpose of aerial photography and videography

. (3 ) All aircraft operated in accordance with the exemption must be identified by

s erial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.
(4 ) Polaris Aerial I maging LLC may not permit any

PI C to operate unless the PI C meets Polaris Aerial Imaging LLC’s qualification criteria (at least a private pilot certificate and at least a current third class medical certificate) and demonstrates the ability to safel y operate the UAS in accordance to appropriate evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight h ours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PI Cs are permitted under the terms of the exemption.
(5 ) The UAS must be operated at an altitude of no more tha n 500 feet AGL , and within Class G airspace. An y operations conducted within Classes B, C, or D airspace will be in coordination with ATC with prior permission. Flight operations must be in accordance to the airspace’s weather minimums as stated in Section 91.155.
(6 ) The UAS must be operated with VLOS of the PI C and a VO at all times. The PI C must be determined before flight operations be ginPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

17 and flight controls may

not be transferred for the duration of the flight. The PI C is responsible for briefing the VO in all aspects concerning the flight and for ensuring the VO can perform the functions prescribed in the operating documents. (7 ) The VO must not perform any duties bey ond assisting the PI C with seeing and avoiding other air traffic and ground based obstacles/obstructions

. (8 ) The operating documents and the grant of exemption must be accessible during UAS oper ations and made available an Administrator upon request. (9 ) Prior to each flight the PI C must inspect the UAS and GCS to ensure that it is in a condition for safe flight. All maintenance and alterations must be properl y documented in the aircraft records. The pre

- flight inspection must account for all potential discrepancies; for example, inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents (10 ) Polaris Aerial I maging LLC must follow th e UAS manufacturer’s aircraft/component, maintena nce, overhaul, replacement, inspection, and life limit requirements. Any maintenance or alterations that affect the UAS operation or flight characteristics must comply with all manufacturer Safety Bulletins ; for example, replacement of a flight component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. (11 ) Polaris Aerial I maging LLC must carry out it ’ s 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 inPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

18 service, description of work accomplished, and the signature of the authorized person returning the UAS to service. (12 ) The UA S may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by

the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. (1 3 ) If the UA S loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. (1 4 ) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. (15 ) The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 20 % battery

power remaining. (16 ) All operations shall be conducted over private or controlled

- access proper ty with permission from the land owner/controller or authorized representative. **2.) Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Polaris Aerial Imaging LLC submits that an equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be permitted to operate the DJ I Phantom 3 Professional UAS unless that PI C has demonstrated an ability to operate the UAS in aPOLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

19 manner consistent with the exemption. The PI C must accumulate and log, in a manner consistent with 14 C.F.R. 61.51(b), 10 hours of total flight time as a UAS rotorcraft pilot including at least 5 hours logged as the UAS pilot with a mu lti

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of the UAS being used for operations under the exemption. To stay

current, the PI C must accomplish 3 takeoffs and landing within the preceding 90 day s. The FAA finds that at a minimum, the flight hour requirements in Exemption 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct Polaris A erial Imaging LLC’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience building flights the PI C is required to operate the UAS with appropriate distances in accordance with 14 C.F.R. 91.119. Exemptio n No. 11138 at page 15. Accordingl y, Polaris Aerial I maging LLC will ensure safe operations by not allowing an y P IC to operate the UAS unless that PI C has demonstrated, by meeting minimum flight hour and currency requirements, that the PI C is able to safel y operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vehicles and structures. **3.) Reasons Why An E xemption From The Requirements O**  **f Section 91.7(a) Would N ot**  **Adversely Affect Safety.** The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every flight, Polaris Aerial I maging LL C will ensure that the DJ I Phantom 3 Professional UAS will be in an a irworth y condition based upon it’s compliance with it’s 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 m aterial respects, to thos e presented herein; Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

20 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, and 11161. **4.) Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not**  **Adversely Affect Safety.** The equivalent level of safet y established b y Section 91.121 will be maintained because altitude information of the UAS will be provided to the PIC via GPS equipment and a radio communications telemetry d ata link, which downlinks from the UAS to the GCS for active PIC monitoring of the flight path and altitude. The UAS will alway s be operated within the PI C’s VLOS, at or below 500 feet AGL, ensuring a level of safet y equivalent to Section 91.121. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein; Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, and 11161. **5.) Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safe**  **ty.** The granting of this exemption would ensure an equivalent level of safet y as established by 14 C.F.R. Section 91.151(b) due to the technical specifications of the DJ I Phantom 3 Professional UAS, the limitations of the proposed flight operations, and the location of the flight operations. Polaris Aerial Imaging LLC will ensure safe operations that will only occur during day light VFR conditions. The DJ I Phantom 3 Professional will be operated to no less than 20% battery power. The FAA has previously

gra nted Section 91.151 exemptions, determining that safet y is not adversel y affected with the UAS’s technical characteristics and operating limitations. **6.) Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)**  **(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

21 An exemption from Sections 91.405(a), 91.407(a)(1) & (a)(2), and 91417(a) & (b) will not adversel y affect safet y because Polaris Aerial Imaging LLC will perform maintenance, alter ations, or preventive maintenance on the DJ I Phantom 3 Professional UAS in accordance to the DJ I Phantom 3 Professional operating documents

. Polaris Aerial I maging will document and store all maintenance records performed on the DJI Phantom 3 Professional UAS. Previous exemptions to Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) have been granted after is was established that safet y was not adversel y affected due to the UAS’s technical characteristics and operating limits.
**Conc lusion**  Polaris Aerial Imaging LLC is seeking an exemption to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) for permission to commercially use the DJI Phantom 3 Professional UAS for aerial photography and videography . The specific sections that the exemption is seeking are from 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)

. Submitted By , Timothy Slarb / Polaris Aerial Ima ging LLC

**APPENDICIES**POLARIS	AERIAL	IMAGING

- PETITION	FOR EXEMPTION

22 Appendix A

- DJI Phantom 3 Professional User Manual http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_ User_Manual_v1.4_en_0915.pdf Appendix B

- DJ I Safety

Guidelines Disclaimer http://download.djiinnovations.com/downloads/phantom_3/en/Safety _Guidelines_Disclai mer_en_201509.pdf