POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

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UNITED STATES OF AMERICA 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 

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 THE DJI PHANTOM 3 PROFESSIONAL 

AIRCRAFT PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND 

REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on 10/18/2015

Timothy L. Slarb/ Polaris Aerial Imaging LLC

1323 Country Side Drive

Newark, OH 43055

Tel: (614) 390-4284

Email: Slarb.3@buckeyemail.osu.edu
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TABLE OF CONTENTS

Page

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

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

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

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

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

SECTIONS OF 14 C.F.R. THAT POLARIS AERIAL IMAGING SEEKS 

EXEMPTION.................................................................................... 5

EXTENT AND REASONING OF RELIEF THAT POLARIS AERIAL IMAGING 

SEEKS............................................................................................ 9

HOW REQUEST WILL BENEFIT THE PUBLIC........................................ 12

REASONS WHY THE EXEMPTION WILL NOT ADVERSLY AFFECT 

SAFETY.......................................................................................... 13

CONCLUSION.......................................................................................... 21

APPENDICIES.......................................................................................... 22
POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

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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 System

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2002 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VO Visual Observer

VTOL Vertical Takeoff and Landing
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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), to operate an Unmanned Aircraft 

System (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 commercially operate 

UAS(s) for conducting precision agriculture, real estate, wedding, and other special event’s 

videography and photography needs within the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Polaris Aerial Imaging LLC is a new company looking to become the premier unmanned aircraft 

service provider in Ohio. Polaris Aerial Imaging LLC will provide high quality aerial 

videography and photography for real estate companies, agriculture, forestry, security, 

entertainment, and special events.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

Polaris Aerial Imaging LLC seeks permission to operate a DJI 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 Professional 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 reach 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 by a 15.2 

volt Lithium Polymer V1.0 Intelligent 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, as 
POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

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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 Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), 

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

Administrator to commercially operate the DJI Phantom 3 Professional UAS in the National 

Airspace System (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 AERIAL 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 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.) Polaris Aerial Imaging LLC Seeks Exemption From the Requirement Of Section 

91.7(a).
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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.) Polaris Aerial Imaging LLC Seeks Exemption From the Requirement Of Section 91.121.

Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is 

 set, when operating-

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

(i) The current reported altimeter setting of a station along the 

 route and within 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.) Polaris Aerial Imaging Seeks LLC Exemption From The Requirements Of Section 

91.151(b).

Section 91.151, entitled Fuel Requirements for Flight in VFR conditions, subsection (b), states 

the following:

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

 (considering wind and forecast weather conditions) there is enough fuel to fly 

 to the first point of intended landing and, assuming normal cruising speed, to 

 fly after that for at least 20 minutes.

5.) Polaris Aerial Imaging LLC Seeks Exemption From The Requirements Of Section 

91.405(a).

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

Each owner or operator of an aircraft-
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(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 Maintenance, Rebuilding, or 

Alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, 

 preventive maintenance, rebuilding, or alteration unless-

(1) It has been approved for return to service by a person authorized under 

 §43.7 of this chapter[.]

7.) 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 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.) Polaris Aerial Imaging LLC Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance Records, subsections (a) and (b), state the following:

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

 registered owner or operator shall keep the following records for the periods 

 specified in paragraph (b) of this section:
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(1) Records of the maintenance, preventive maintenance, and alteration 

 and records of the 100 hour, annual, progressive, and other required or 

 approved inspections, as appropriate, for each aircraft (including the 

 airframe) and each engine, propeller, rotor, and appliance of an 

 aircraft. The records must include-

(i) A description (or reference to data acceptable to the 

 Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

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

 the aircraft for return to service.

(2) Records containing the following information:

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

 propeller, and each rotor.

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

 propeller, rotor, and appliance.

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

 aircraft which are required to be overhauled on a specified time 

 basis.

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

 since the last inspection required by the inspection program 

 under which the aircraft and it’s appliances are maintained.

(v) The current status of applicable airworthiness directive (AD) 

 and safety directives including, for each, the method of 

 compliance, the AD or safety directive number and revision 

 date. If the AD or safety directive involves recurring action, the 

 time and date when the next action is required.

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

 each major alteration to the airframe and currently installed 

 engines, rotors, propellers, and appliances.
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(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 year after the work is performed.

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

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

(3) A list of defect furnished to 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.

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	

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.

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	distances	
POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

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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	flight	

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	certificate	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	flight.

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	UAS	to	the	GCS	for	active	flight	path	

monitoring.	Polaris	Aerial	Imaging	requests	relief	because	the	DJI	Phantom	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).
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Relief	from	Section	91.151(b)	is	requested	to	allow	flights	of	the	battery	powered	DJI	

Phantom	3	Professional	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 only apply to aircraft that require an airworthiness 

certificate.

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 airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Polaris Aerial Imaging LLC will 

perform maintenance, alterations, or preventive maintenance on the DJI Phantom 3 Professional 

UAS using the methods, techniques, and practices prescribed in the DJI operating documents: 

Maintenance Logs and DJI Phantom 3 Professional UAS Instruction Manual.

HOW REQUEST WILL BENEFIT THE PUBLIC

Granting the petition for exemption by Polaris Aerial Imaging LLC will further the public 

interest by allowing the performance of safe, efficient, and economical aerial videography and 

photography for the needs of real estate companies, agriculture, forestry, security, entertainment, 

and personal events within the United States. The use of the DJI Phantom 3 Professional UAS 

will decrease NAS congestion, reduce air pollution, and provide employment 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 The Safety and Efficiency of The DJI Phantom 3 

Professional UAS.

The use of the DJI Phantom 3 Professional UAS for aerial photography and videography 
POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

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acquisition will benefit the public by reducing the levels of air noise and pollution generated by

manned aircraft. The DJI 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 DJI Phantom 3 Professional UAS will 

reduce the risk of damage to life and property 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 physical threat to life and 

property.

2.) The Public Will Benefit From Decreased NAS Congestion and Air Pollution.

The DJI 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 photography and videography. Reducing the amount of manned aircraft in use will reduce 

the amount of air traffic noise and air pollution, as well as increase the safety of life and property 

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 arriving 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	efficient,	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	competitive	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 EXEMPTION WILL NOT ADVERSLY AFFECT SAFETY

1.)	Reasons	Why	The	DJI	Phantom	3	Professional	UAS	Meets	The	Conditions	Of	The	
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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	authority	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	333	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	aircraft	systems	may	

						operate safely	in	the	national	airspace	system	before	completion	of	the	plan	

						and	rulemaking	required	by	section	332	of	this	Act	or	the	guidance	required	

						by	section	334	of	this	Act.

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

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

(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	threat	to	national	security;	and

(2)	Whether	a	certificate	of	waiver,	certificate	of	authorization,	or	

						airworthiness	certification	under	section	44704	of	title	49,	United	

						States	Code,	is	required	for	the	operation	of	unmanned	aircraft	

						systems	identified	under	paragraph	(1).
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(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	pursuant	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 UAS 

 Demonstrates It’s Safe Characteristics.

 The DJI Phantom 3 Professional UAS does not create a hazard to users of the 

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

 it’s size, weight, speed, and operational capability.

(1.) Technical Specification Of The DJI Phantom 3 Professional UAS.

 The technical specification of the DJI Phantom 3 Professional UAS is 

 set forth by the DJI Phantom 3 Professional 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 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 in the DJI Phantom 3 Professional User Manual and DJI Safety

 Guidelines Disclaimer, attached.

(3) The DJI Phantom 3 UAS Is 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 UAS 
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 will remain stationary, in flight, for 3. If, after 3 seconds, the DJI Phantom 3 

 Professional UAS does not reacquire Control Link data from the GCS, the 

 UAS will assume that the Control Link is lost and the UAS will return to the 

 home position 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 from pages 12-16 of the DJI 

 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 the 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 In 

 Command (PIC) of the DJI Phantom 3 UAS. A visual observer will assist the 

 PIC during all flight operations.

(c) Flights Of The DJI Phantom 3 Professional UAS Will Be Conducted 

 Pursuant To Specific Operating Limitations.

 In seeking this exemption, Polaris Aerial Imaging LLC requests to 

 commercial operate the DJI Phantom 3 Professional UAS for the purpose of 

 conducting aerial photography and videography within the United States 

 pursuant to the following specific operating limitations:

(14) Polaris Aerial Imaging LLC must obtain an Air Traffic Organization (ATO) 

 issued Certificate of Waiver or Authorization (COA) prior to conducting any 

 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 the 
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 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 serial number, registered in accordance with 14 C.F.R. 

 part 47, and have identification (N- Number) markings in accordance 

 with 14 C.F.R. part 45, Subpart C. Markings must be as large as 

 practicable.

(4) Polaris Aerial Imaging LLC may not permit any PIC to operate unless the 

 PIC 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 safely operate the UAS in accordance to 

 appropriate evasive and emergency maneuvers and maintaining appropriate 

 distances from persons, vessels, vehicles and structures. PIC qualification 

 flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). 

 Flights for the purposes of training the operator’s PICs are permitted under the 

 terms of the exemption.

(5) The UAS must be operated at an altitude of no more than 500 feet 

 AGL, and within Class G airspace. Any 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 PIC and a VO at all times.

 The PIC must be determined before flight operations begin 
POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

17

 and flight controls may not be transferred for the duration of the flight. 

 The PIC 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 beyond assisting the PIC 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 operations and made available an

 Administrator upon request. 

(9) Prior to each flight the PIC must inspect the UAS and GCS to ensure that it is 

 in a condition for safe flight. All maintenance and alterations 

 must be properly documented in the aircraft records. The pre-flight inspection 

 must account for all potential discrepancies; for example, inoperable 

 components, items, or equipment, not already covered in the relevant sections 

 of the operating documents

(10) Polaris Aerial Imaging LLC must follow the UAS manufacturer’s 

 aircraft/component, maintenance, 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 PIC who conducts the functional test flight must make an entry in 

 the aircraft records.

(11) Polaris Aerial Imaging 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 in 
POLARIS	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 UAS 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. 

(13) If the UAS 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. 

(14) 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 fly 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 

 property 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 safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be permitted to operate the DJI 

Phantom 3 Professional UAS unless that PIC has demonstrated an ability to operate the UAS in a 
POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

19

manner consistent with the exemption. The PIC 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 multi-rotor UAS. Prior to operations under Exemption 

No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS 

pilot operating the same make and model of the UAS being used for operations under the 

exemption. To stay current, the PIC must accomplish 3 takeoffs and landing within the preceding 

90 days. 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 

Aerial 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 PIC is required to operate the UAS with appropriate distances in 

accordance with 14 C.F.R. 91.119.

Exemption No. 11138 at page 15.

Accordingly, Polaris Aerial Imaging LLC will ensure safe operations by not allowing any PIC to 

operate the UAS unless that PIC has demonstrated, by meeting minimum flight hour and 

currency requirements, that the PIC is able to safely 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 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, Polaris Aerial Imaging LLC will ensure that the DJI Phantom 3 Professional UAS 

will be in an airworthy 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 material respects, to 

those presented herein; Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 
POLARIS	AERIAL	IMAGING- PETITION	FOR	EXEMPTION

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11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, and 

11161.

4.) Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because altitude 

information of the UAS will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UAS to the GCS for active PIC 

monitoring of the flight path and altitude. The UAS will always be operated within the PIC’s 

VLOS, at or below 500 feet AGL, ensuring a level of safety 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 Safety.

 The granting of this exemption would ensure an equivalent level of safety as established by 14 

C.F.R. Section 91.151(b) due to the technical specifications of the DJI 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 daylight VFR 

conditions. The DJI Phantom 3 Professional will be operated to no less than 20% battery power. 

The FAA has previously granted Section 91.151 exemptions, determining that safety is not 

adversely 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 

adversely affect safety because Polaris Aerial Imaging LLC will perform maintenance, 

alterations, or preventive maintenance on the DJI Phantom 3 Professional UAS in accordance to 

the DJI Phantom 3 Professional operating documents. Polaris Aerial Imaging 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 safety was not adversely affected due to the UAS’s 

technical characteristics and operating limits.

Conclusion

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 Imaging LLC

 

APPENDICIES
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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- DJI Safety Guidelines Disclaimer

http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclai

mer_en_201509.pdf