September 3, 2015

Exemption No. 12740 Regulatory Docket No. FAA

− 20 15

− 1792

Mr. Kirk Vriesman Beargrass Imaging

747 Hi Francis Road Arlee, MT 59821

Dear Mr. Vriesman :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 5, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption

. You requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography, videography, inspections, surveys, and mapping

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 Professional

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secre tary of Transportation has determined that this aircraft2

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , an d any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by th e Administrator, Mr. Kirk Vriesman dba Beargrass Imaging is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a)

, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and

91.41 7(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform

aerial data collection. This exemption is subject to the conditions and limitations listed

below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Mr. Kirk Vriesman dba Beargrass Imagery is hereafter referred to

as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3

Professional when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than

corrective le nses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC

must be de signated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its

op erations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the conditions and4

limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mus t 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 or any l aw enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. 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 prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspe ction must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenan ce has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UA S operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

curren t FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 6 1.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flig hts for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are perm itted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the curre nt FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwi se permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct th e intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must b e identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Adminis trator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

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

from the UA and/or debris in the event of an accident. T he operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property wi th permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional con ditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submi t a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least t he following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the li st of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over w hich filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption te rminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresMay 5 , 2015

Kirk Vriesman Beargrass Imaging

747 Hi Francis Road Arlee, MT 59821

U.S. Department of Tr ansportation, Docket Operations West Building Ground Floor, Room W12

- 140

120 0 New Jersey Avenue, SE Washington, DC 20590

Dear Sir or Madam:

The purpose of this letter is to petition the Federal Aviation Administration (FAA) for an exemption from certain Federal Av iation Regulations (FARs) in order that I , Kirk Vriesman doing bu siness as (DBA) Beargrass Imaging , am permitted operate an Unmanned Aerial System (UAS) for the purpose of aerial photography and videography,

in spections, surveys, and mapping.

Beargrass Images will acquire a DJI Phantom 3 Professional q uadcopter for the intent of operating it commercially upon receiving permission from the FAA. The exemption

request would permit the operation for business purposes of the ultra

- light weight

, unmanned (piloted by remote control) UAS in tightly controlled and limited airsp ace.

I, Kirk Vriesman , owner of Beargrass Imaging, will detail in this petition the specific regulations for which I seek relief, offering alternative and equivalent ways of producing a level of safety at least equal to the existing rules. This petitio n focuses on public benefit and public safety.

Accordingly, and pursuant to 14 CFR §§ 11.61

- .103 and Section 333 of the FAA Modernization and Reform Act of2012, PL 112

- 95 (Feb. 14, 2012), the petitioner is submitting the following information with this re quest:

Identity of the petitioner:

Kirk Vriesman

747 Hi Francis Road Arlee, MT 59821

Kirk Vriesman seeks an exemption form the following FARs :

14 CFR Part 21, Subpart H

Certi fication procedures for products and parts, Airworthiness Certificates

14 CFR Part 36Noise st andards: Type and airworthiness 14 CFR § 45.23 Display o f marks; general

14 CFR Part 61 Certification: Pilots, flight instructors, and ground instructors

14 C FR § 91.7

Civil aircraft airworthiness 14 CFR § 91.9 Civil aircraft flight manual, marking, and placard requirements 14 CFR § 91.103 Preflight action 14 CFR § 91.105 Flight crewmembers at stations 14 CFR § 91.109 Flight instruction 14 CFR § 91.119

Minimu m safe altitudes 14 CFR § 91.121 Altimeter settings 14 CFR § 91.151 Fuel requirements for flights in VFR conditions

14 CFR §91.173 ATC clearance and flight plan in IFR 14 CFR § 91.203 Civil aircraft: Certifications required 14 CFR § 91.207 Emergency locato r transmitters 14 CFR Part 91, Subpart E

Maintenance

Extent of Relief Sought, and Re asons for Seeking the Exemption:

14 CFR Part 21, Subpart H. Part 21 establishes the procedures for issuance of certificates of airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701(b), the FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from the requirements of this Part because the size, weight, speed, operational capability and proximity t o airports in which the Subject UAS will operate

pose s significantly less of a risk that the risks posed by conventional aircraft . Manned aircraft pose risk s	to	the	life	and	safety	of	the	crew;	that	is	not	a	consideration	with the	Subject	UAS.	Risks	to	thi rd	parties	are	also	minimized	given	the	lightweight	and slow	speed	at	which	the	Subject	UAS	would	operate.	Nor	are	there	risks	of	fuel spillage	or	fire	in	the	event of	an	accident.	Thus ,	the	petitioner request s that	the	FAA waive	the	requirement	that	the	S ubject	UAS,	particular ly	the	aircraft	portion, requiring an airworthiness certificate.14	CFR	Part	36.	FAR	Part	36,	Subparts	A,	F	and	0,	establish	certain	noise	standards for	certification	of	various	aircraft	types.	Because	the	Subject	UAS	would	not	have an airworthiness	certificate,	and	given	its	small	size	and	negligible	noise	impact,	the petitioner	requests	an	exemption	from	FAR	Part	36.

14	CFR	§	45.23.	FAR	Part	45.23	establishes	marking	requirements	for	aircraft; paragraph	(b)	mandates	that	the	regi stration	number	be	displayed	in	letters	not	less than	two	inches	in	height.	The	Subject	UAS	is	small	enough	that	it	cannot accommodate	the	type

- size	requi rement.	Accordingly,	the	petitioner request s an exemption	from	this	part

.

14	CFR	Part	61.	FAR	Part	61 sets	forth	the	certification	requirements	for	pilots.	The petitioner	requests	an	exemption	that	would	allow him

, or	his employee	or
associate, in	possession	of	the	proper FAA credentials, to	operate	the	Subject	UAS

for	com pensation	or	hire	as	part	of	an	a erial	imaging business	for	the	reasons

articulated	in In	re	Trudeau, FA A	Exemption	No.	11138,	and In	re	Astraeus, FA A Exemption	No.	11062.	The	peti ti oner ,	or	his employee	or	associate, will	operate	the Subject	UAS	over	property	where	the	owner	or	owner's	r epresentative	has

reque sted	that	the	operation	occur.

14	CFR	§	91.7.	Under	FAR	91.7,	no	person	may	operate	an	aircraft	unless	it	is	in	an airworthy	condition.	To	the	extent	that	"airworthy"	is	defined	as	requiring	an

airworthiness	ce rtificate,	the	petitio ner request s an	exemption	from	this	FAR	for	the same	reasons	identified	in	his	request	for	an	exemption	o f	14	CFR	Part	21,	Subpart

H.		Petit i oner will	not,	however,	operate	the	Subject	UAS	if	it	is	not	in	a	condition	for safe	flight,	as	required	under	FAR 91.7(b).

14 CFR § 91.9.	Petitioner requests exemption from the requirement of FAR 91.9, which	requires	that	all	aircraft	have	certain	markings,	placards	and	on

- board	flight

manuals	for	the	same	reas ons	as	stated	in	his	request	for exemption	under	14	CFR Part	21,	Subpart	H,	and	for	a	deviation	from	the	marking	requirements	of	14	CFR Part	36,	Subparts	A,	F,	and	0.

14	CFR	§	91.103.	FAR	91.103	manda tes	certain	pre

- flight	action.	The	p etitioner	will take	all	necessary	pre

- flight	action,	but	requests	an	exem ption	from	this requirement	insofar	as	it	is	interpreted	as	requiring	pre

- flight	actions	appropriate	to

manned	aircraft only	(e.g.,	that	flights	originate from	an	airport,	etc.).

14	CFR	§	91.105.	FAR	91.105	mandates	that	crewmembers	be	at	designated

stat ions,	have	safety	belts	fastened,	etc. The	p etitioner	would	be	at	a	designated ground	station	for	each	mission,	but	requests	an	exemption	to	accommodate	the	fact that	the	Subject	UAS	is	unmanned.

CFR § 91.109.	This	FAR	requires	that	all	flight	instructio n	be	conducted	in	aircraft that	have	dual	controls,	or	throw

- over	controls,	with	an	instructor.	From	time	to time	the	petitioner	will	conduct	his	own	refresher	training,	but	requests	anexemption	insofar	as	this	FAR	would	be	interpreted	to	require	that	the ground

control	station	have	a	second	controller	or	dual

- control	capability.

14	CFR § 91.119.	FAR	91.119	sets	forth	the	minimum	safe	altitudes	over	various

areas. The	p etitioner	requests	an	exemption	from	this	this	FAR	in	order	to accomplish	the	intend ed	function	of the	mission	for	which	he	seeks	an	exemption.

14	CFR	§	91.121.	FAR	91.121	mandates	various	altimeter	settings	in	o rder	to maintain	level	flight.	The	p etitioner	requests	and	exemption	from	this	FAR	as	the Subject	UAV	will	not	have	an	altimet er	that	matches	the	requirements	of	this	FAR. Operations	with	the	Subject	UAV	will,	however,	maintain	altitude	below	the	300' AGL	ceiling	by	the	petitioner	monitoring	the	altitude	of	the	UAS	and	through	the Subject	UAS's technological ability	to	establish a	flight	zone	that	cannot	exceed	the ceiling.

14	CFR §	91.151.	The	p etitioner	requests	an	exemption	from	the	VFR

- flight	fuel carrying	requirements	because	the	Subject	UAS	will	operate	on	battery	power. Operations	with	the	Subject	UAS	will,	however,	maint ain	a	five

- minute	reserve battery	time.

19	CFR	§ 91.173.	The	p etitioner	requests	an	exemption	from	the	IFR

- clearance requirement	for	flights	into	controlled	airspace.	It is	possible	the	petitioner may operate	the	Subject	UAS	in	conditions	that	are	IFR	wi thin	controlled	airspace	(e.g.,	a flight	on	a	day	with	less	than	three	miles	visibility	in	a	neighborhood	that	falls

wit hin	the	Class	D	airspace).	The	petitioner would	request	that,	after	contacting	ATC for	the	controlled	airspace,	he	would	be	allowed	to	o perate	in	what	might	be	IFR conditions,	but	where	he	still	has	complete	and	unfettered	line	of	sight	visibility with	the	Subject	UAS.

14	CFR	§	91.203.	FAR	91.203	requires	that	a	civil	aircraft	have	an	airworthiness certificate	and	a	regi stration	certific ate.		The	petitioner requests	that	he	be	exempt from	complying	with	this	FAR	insofar	as	it	mandates	issuance	of	an	airworthiness certificate,	for	the	reasons	stated	in	his	request	for	an	exemption	under	14	CFR	Part 21,	Subpart	H.

14	CFR	§	91.207.	FAR	91. 207	prohibits	operation	of	a	US

- registered	aircraft	unless	it is	equipped	with	an	emergency	locator	transmitter.	Given	the	limited	distance	of flights of	the	Subject	UAS,	the	petitioner requests	and	exemption	from	this	FAR.

14	CFR	Part	91,	Subpart	E.	FAR 91,	Subpart	E	requires	that	owners	or	operators	of aircraft	have	the	aircraft	inspected	at	certain	interv als,	and	by	certain	mechanics. The	p etitioner	requests	an	exemption	from	this	Subpart	because	the	Subject	UAS

has	a	trouble

- shooting	and	maintenance	p rogram	that	is	best	executed	by	the owner/operator,	and	is	simply	different	from	the	maintenance	of	manned	aircraft. Petitioner	will,	however,	maintain	a	maintenance	log	and	any	maintenance	records

of repair	of the	Subject	UAS,	and	follow	any	and	all	manuf acturer	safety	bulletins.Description of Operations:

A. The UAS that is the Subject of this Petition.

The petitioner will operate a DJI Pha ntom 3 Professional unmanned aircraft and its associated portable ground station controller (together the "Subject UAS"). The Subject UAS is a quad

- copter with a camera mounted beneath it, piloted via a portable ground

station. It has a weight of approximately 1,280 grams . The DJI Phantom 3 Professional is a widely known unmanned aircraft manufactured by a well

- respe cted company.

The portable gr ound station used by the petiti o ner to pilot the unma nned aircraft is a wireless communication device using a n FCC

- compliant 2.4 GHz transmitter . The Subject UAS is equipped with lost

- link capabil ity, which enables the Phanto m 3 to enter
a fail

- safe Return

- to

- Home Mode in the event that the link between the aircraft and the ground station is lost. T he Subject UAS can operate for a total of approximately 23 minutes on one battery charge. It has a maximum range from the ground station of 2,000

meters . However, it also has programmable height and radius limits to establish an operations area.

B. The UAS Petitioner

Mr. Vries man is a photographer that received a Master of Fine Arts degree from Syracuse University. He has been associ ated with several entrepreneurial busine sses, and currently

works as an information professional in a public library system. He has also received a Master of Li brary and Information Science degree from S an Jose State University

.

With regar d to the operation UA S systems , Mr. Vriesman has made numerous flights as a hobbyist, and h as accumulated more than 20 hours of flight time with UAS aircraft

.

C. UAS Operating Parameters

The vast majority of the petitioner's operations will be conducted in the Western Montan a region . Howeve r, his business may take him to adjacent areas. Because the operations may be conducted at various locations in the area during the period that the exemption would be in effect, there are not specific locations at which the petitioner i nte nds to

operate.

The petitioner would adopt the following UAS Operating Parameters:

1. All missions will be conducted below 300' AGL, and within a radius distance of

800' fro m the portable ground station.

2. Each mission will consist of one flight.3. The pilot i n command (PIC) will est ablish a fixed location where he will be positioned with the porta ble ground station, and utilize a visual observer (VO) during all flights.

4. The PIC and VO will have direct visual observation of the aircraft at all times, and operat e only within a visual line of sight (VLOS)

. 5. Prior to th e start of a flight, the PIC will activate and use the UAS's global positioning system flight safety procedure and lost

- link procedure to ensure

return of the aircraft in the event of a lost lin k or compromised communication.

6. On each mission, the aircraft will return to the control pad with no less than five minutes of battery power remaining.

7. Each mission w ill last for no more than eighteen minutes of flight time.

8. In the event that any mission woul d ever occur within the airspace of a specific airport or controlled airspace, the petitioner shall obtain the permission of that control tower to operate in that airspace or from the appropriate control authority.

9. In the event that any mission will occur within five miles of an airport, the petitioner shall ensure the airport is notified of the estimated flight time, flight duration, elevation of flight, and pertinent information.

10. The petitioner will conduct all flights in permissible weather, and during daylight

hours.

Public In te rest and Benefit Considerations:

Aerial imaging services generally req uire use of a manned aircraft . Existing c lose

proximity aerial photography is extremely difficult to do, and requires the use of a helicopter or slow

- movin g aircraft at an appropriate distance over a populated area. The operation must be conducted in VFR c onditions, and adds aircraft to already congested airspace.

By u sing the Subject UAS, the petitioner aims to provide the public with quality aerial imagin g se rvices at a lesser cost than would be associated wi th manned flight. T he risks

associated with manned flight would be significantly reduced considering the Subject

UAS conducting the operation weighs less than three pounds, would remain below 300'
AGL, does not operate with combustible fuel, and can operate within a very confined

space directly over t he location being imaged. In addition, because the Subject UAS has no emissions, ecological impact is minimized. Thus the public will be better served by having more affordable ae rial imaging options available thereby driving economic growth, having a low

- impact ecological option available for aerial imaging, and by having safe UAS operation from a licensed pilot closely following established operating

proc edures.Why the Exemptions Wo uld Not Adversely Affect Safety:

The proposed operations will not a dversely affect safety for three primary reasons.

First, the operations will be conducted in airspace where there is typically no activit y among other users of the NAS. Flights are limited to property over which the owner has requested that the Subject UAS operate, so the owners will be fully aware of the flight operation. The petitioner fully recognizes the dangers that a small UAV could pose to all

types o f manned aircraf t. The operations the petitioner is proposing to undertake pending

ap proval are operations taking place where manned aircraft will not fly. There would be a rigid separation between where a manned aircraft can fly (particularly due to FAR 9 1.119 which establishes minimum safe altitudes, to include an absolute prohibition of operating an aircraft within 500' of any structure) and where the petitioner would operate the UAV.

S econd, the Subject UAS is not a large aircraft. Weighing less than 3 pounds , the likelihood that it would damage pro perty or injure a person is low, even in th e event of a mishap. In addition , a erial imaging is typically done via manned aircraft, and the risk there is at least equal to the risk posed by the proposed opera tion.

Third, the Subject UAS has inherent lost

- link capabilities to bring it back to its operating base during a mission. It is a redunda nt system that addresses a failed communications problem in the event that it does arise.

Language for In clusion in t he Federal Register:

Mr. Vriesman proposes that the following language be included in the Federal Register:

Petition for Exemption.

Federal Aviation Regulations from which Petitioner seeks exemption: 14 CFR 14 CFR

Part 21, Subpart H; Part 36; § 45.23; Pa rt 61; §§ 91. 7; 91.9; 91.103; 91.105; 91.109;
91.119; 91.121; 91.151; 91.173; 91.203; 91.207; and 14 CFR Part 91, Subpart E.

Description 

### of Relief Sought: The petitioner is seeking an exemption from the above

referenced Federal Aviation Regulations to co nduct aerial imaging using a light, unmanned aerial vehicle for the purpose of aerial photography and videography, inspections, surveys, and mapping.Conclusion:

I would like to thank the FAA for considering this request. Pleas e do not hesitate to

cont act me should there be a need for additional information. I look forw ard to working with the FAA and taking part in the discussion of how t he FAA will ultimately regulate

commercial UAV use in the United States.

Sincerely,

Kirk Vriesman

Enclosures / Att achments (2)

DJI Phantom 3 Users Manual v1.0 part 1.pdf

DJI Ph antom 3 Users Manual v1.0 part 2 .pdf