UNITED ST AT ES OF AMERI CA DEP AR TMENTOF TRANSPOR TA TI ON FEDERAL

A VI AT IO N ADMINISTRA TI ON WA SHI NGTON, DC
Regulatory

Docket No. _______________
**IN THE MA**

**TTER OF**

**T HE PETITION FOR EXEMPTION OF:**  **AERIAL SOLUTIONS OF** 

**INDIANA, LLC FOR**  **AN EXEMPTION SEEKING RELIEF**  **FROM THE REQUIREMENTS OF**  **TITLE 14 OF**

**T HE CODE OF** 

**F EDERAL** 

**REGULA**

**TIONS SECTIONS 61.1**  **13(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**  **OPERA TION**  **OF**

**DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF THE F**  **AA MODERNIZA** 

**TION AND REFORM**  **ACT OF 2012**  **(PUBLIC LA**

**W 1 12**  **- 95)** 

Submitted on November 9, 2015 Aerial Solutions of Indiana, LL C Joseph M Petro 203 N. County

L ine Road Saint Paul, In 47272 Te l: ( 866 ) 922
- 9477

**TA BLE OF** 

**CONTENTS** Page GLOSSAR

Y OF ABBREVIA

TI ONS...................................................................................3 SUMMAR

Y.
..................................................................................................................... .....4 IN TRODUCTI ON AND INTERESTS OF PETITIONER...................................................4 BACKGROUND................................................................................................................... 52

BASI S FOR PETITION........... .............................................................................................5 NAME AND ADDRESS OF PETITIONER.........................................................................8 THE SPECI FI C SECTIONS OF 14 C.F .R. FROM WHI CH AERIAL SOLUTIONS OF IN DI ANA, LLC SEEKS EXEMPTION...............................................................................8 THE EXTENT OF RELIEF AERIAL SOLUTIONS OF INDIANA, LLC SEEKS AND THE REASON AERIAL

SOLUT IONS OF IND IANA, LLC SEEKS THE RELIEF
....... .........................................................................................................................12 THE REASONS WHY

GRANTING AERIAL

SOLUTIONS OF INDIANA, LL C REQUESTW OULD BE IN THE PUBLIC INTEREST
.................................... ..............15 THE REASONS WHY

GRANTING THE EXEMPTI ON WOULD NOT ADVERSEL Y AFFECTSAFETY

..............................................................................................................18 SUMMAR

Y THA T CAN BE PUBLISHED IN THE FEDERAL REGI S TER..................32 ANY A DDIT IONA L IN FORMA TI ON, VI EWS, OR ARGUMENTS AVA ILABLE TO SUPPOR T AERIAL

SOLUTIONS OF INDIANA, LLC REQUEST ..................................33 CONCLUSION................................................................................................................... .33 APPENDI CES................................................................................................................... ..35

**GLOSSAR**

**Y OF**  **A BBREVIA** 

**TIONS** AGL Above Ground Level AOI Area of Interest AT C Air T raffic Control AT O Air T raffic Organization AV Aerial V ehicle CFR Code of Federal Regulations COA Certificate of Authorization FA A Federal Av iation Administration FA R Federal Av iation Regulation3

GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace S ys tem NOT AM Notice to Airman PI C Pilot In Command Section 333 FA A Modernization an d Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Vi sual Flight Rules VLOS Vi sual L ine of Site VMC Vi sual Meteorological Conditions VTOL Ve rtical T akeof f and Landing

**SUMMAR**

**Y** Aerial Solutions of Indiana, LL C seeks exemption from the requirements of 14 C.F .R §§ 61.1 13(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 Sy stem pursuant to Section 333 of the F

AA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Aerial Solutions of Indiana, LLC to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, special events, film sets, and landscape over certain areas of the United States.4 **INTRODUCTION AND INTERESTS OF**  **T HE PETITIONER**  Aerial Solutions of Indiana, LL C provides its cl ients with expertise and knowledge in advanced technologies and solutions to increase ef ficiency , productivity

and eff ectiveness. Aerial Solutions of Indiana, LLC also provides its clients with the highest quality digital content for use in their commerci al, personal, and non

- profit multimedia projects. Aerial Solutions of Indiana, LLC has over 60 ye ars experience in RC aircraft operations including high performance, rotorcraft and multi

- rotor models /UA V's. The objective of Aerial Solutions of Indiana, LL C aerial video and photography operations is to provide high quality

imaging for a variety

of commercial, public, and residential uses, targeting: Aerial inspections of public and private structures. Assist local law enforcement with Search and Rescue oper ations Aerial photograph y/videography of houses / residential and commercial buildings Aerial event photograph y/videograph y Aerial event filming Aerial Appraisals Real Estate Marketing Insurance Inspections of Home and Propert y Commercial Advertising V ideo and Photograph y Real Estate Photograph y and V ideography Provide FREE goodwill services to our community and local government Nature Monitoring5 **BACKGROUND**

Unmanned Aircraft Sy stems: DJIPhantom 3 UAS
. Aerial Solutions of Indiana, LL C seeks an exemption to operate DJIs ys tems for compensation or hire within the NAS. The DJ I Phantom 3 is a vertical takeof f and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electroni c tablet, transmitter or smart phone sy stems. The DJ I Phantom 3 has a maximum gross weight of 2 pounds 13.1 ounces (1.3 kg) , a length of 16.2 inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately

31.1 knots. The DJ I Phan tom 3 UA is equipped with four main rotors ; Driven b y Lithium Poly mer battery

powered electric motors. The DJIPhantom 3 UA that will be operated by

A erial Solutions of Indiana, LL C will be registered in accordance with 49 U.S.C. 44103, Registration of Air craft, as well as 14 C.F .R Part 47, Aircraft Registration, and marked in accordance with 14 C.F .R. Part 45, Identification and Registration Marking.

**BASIS FOR PETITION** Petitioner, Aerial Solutions of Indiana, LLC, pursuant to the provisions of the Federal Av iation Regulations (14 C.F .R. § 1 1.61) and the F AA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Air craft Systems , here by petitions the Administrator to commercially operate the DJIPhantom 3 UAS in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F .R §§ 61.1 13(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).6 In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Aerial Solutions of Indiana, LLC ’s operation of DJIPhantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Accordingly

, Aerial Solutions of Indiana, LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91. 417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Aerial Solutions of Indiana, LL C submits that the requested relief is proper since an equivalent level of safet y will be ensured. Aerial Solutions of Indiana, LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) ). Furthermore, Aerial Solutions of Indiana, LLC will document and maintain all maintenance records for the DJIPhantom 3 UAS
. Relief from certain requirements of Section 61.1 13(a) and (b), entitle d Private pilot privileges and limitations: Pilot in command, is requested by A erial Solutions of Indiana, LLC to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certi ficate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJIPhantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.7 Aerial Solutions of Indiana, LL C seeks relief from Section 91.7(a), entitled Civil

air craft airworthiness , because the DJ I Phantom 3 UAS do not require an airworthiness certificate in ac cordance with 14 C.F .R. Part 21, Subpart H. As such, Aerial Solutions of Indiana, LLC submits that he will ensure that the DJIPhantom 3 UAS are in an airworth y condition, prior to every

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJIPhantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. Aerial Solutions of Indiana, LL C also seeks an exemption from the requirements of Section 91.121, entitled Alti meter Settings , as the DJIPhantom 3 UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the DJIPhantom 3 UAS will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Aerial Solutions of Indiana, LLC operation of DJIPhantom 3 UAS within visual line of sight, at or below 400 feet AGL, w ill ensure a level of safet y equivalent to Section 91.121. Additionally

, Aerial Solutions of Indiana, LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel r equir ements for flight in VFR conditions
. Aerial Solutions of Indiana, LLC submits that safety will not be af

fected by operation of the DJIPhantom 3 UAS during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.8 In accordance with 14 C.F .R. § 1 1.81, Aerial Solutions of Indiana, LLC provides

the following information in support of its petition for exemption: **A. Name**  **And Addr**  **ess Of The Petitioner**  **.** The name and address of the Petitioner and point of contact is: Aerial Solutions of Indiana, LL C Joseph M Petro 203 N. County

L ine Road Saint Paul, In 47272 Te l: ( 866 ) 922
- 9477 **B. The Specific Sections Of 14 C.F**  **.R. Fr om**  **Which Aerial Solutions of Indiana, LLC**  **Seeks Exemption. 1.**  **Aerial Solutions of Indiana, LLC Seeks Exemption Fr**  **om The Requir**  **ements Of Section 61.1**  **13(a) And (b).**  Section 61.1 13, 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 (PI C) of an aircraft that is carry in g passengers or propert y 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 an y business or emplo ym ent if

— (1 ) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. **2. Aerial Solutions of Indiana, LLC Seeks Exemption Fr**  **om The Requir**  **ements Of Section 91.7(a).**  Section 91 .7, entitled Civil air craft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.9 **3. Aerial Solutions of Indiana, LLC Seeks Exemption Fr**  **om The Requir**  **ements 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 altit ude or flight level of that aircraft, as the case may be, b y 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. Aerial Solutions of Indiana, LLC Seeks Exemption Fr**  **om The Requir**  **ements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VF R conditions, subsection (b), states the following: (b ) No person may begin a flight in a r otor craft under VFR conditions unless (considering wind and for ecast weather conditions) ther e 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. Aerial Solutions of Indiana, LLC Seeks Exemption Fr**  **om The Requir**  **ement Of Section 91.405(a).**  Section 91.405, entitled Maintenance r equir ed , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. Aerial Solutions of Ind**  **iana, LLC Seeks Exemption Fr om**  **The Requir ements**  **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

airc raft 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 [.]10 **7. Aerial Solutions of Indiana, LLC Seeks Exemption Fr**  **om The Requir**  **ements 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 b y a person authorized by § 43.7 of this chapter ; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter
. **8. Aerial Solutions of Indiana, LLC Seeks Exemption Fr**  **om The Requir**  **ements Of Sections 91.417(a)**  **And 91.417(b).** Section 91.417, entitled M aintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.41 1 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, prop eller, 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 ce rtificate 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 cur

rent inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safe ty directives including, for each, the method of compliance, the AD or 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.11 (vi) Copies of the forms prescri bed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a) (2) of this section shall be retai ned and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.1 1 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief Aerial Solutions of Indiana, LLC Seeks**  **And The Reason**  **Aerial Solutions of Indiana, LLC Seeks**  **The Relief. 1. Extent Of Relief**  **Aerial Solutions of Indiana, LLC Seeks And**  **The Reason Aerial Solutions of Indiana, LLC**  **Seek s Relief Fr**  **om Section 61.1**  **13(a) And**  **(b).** Relief from Section 61.1 13(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Sec tion 61.1 13(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not car ry passengers or propert y for compensation or hire. As set forth more full y below, Aerial Solutions of Indiana, LLC submits that an equivalent level of safet y will be maintained because no PI C will be allowed to operate the DJIPhantom 3 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJ I Phantom 3 UAS in a12

manner consistent with the operations specifications as described in this exemption, including evasive and eme rgenc y maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Aerial Solutions of Indiana, LLC submits that all flights of the DJIPhantom 3 UAS, conducted b y the PI C pursuant to the grant of this Pe tition: (1) will be incidental to Aerial Solutions of Indiana, LL C business; and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief Aerial Solutions of Indiana, LLC Seeks**  **And The Reason**  **Aerial Solutions of Indiana, LLC Seeks Relief Fr**  **om Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil air craft airworthiness , is requested to the extent required to allow Aerial Solutions of Indiana, LL C to determine that the DJIPhantom 3 UAS are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Aerial Solutions of Indiana, LL C Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 3 Instruction Manual). Aerial Solutions of Indiana, LL C s eeks the requested relief because the DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Therefore, Aerial Solutions of Indiana, LLC will ensure that the DJ I Phantom 3 UAS are in airworth y conditi on based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions an d limitations below
. **3. Extent Of Relief Aerial Solutions of Indiana, LLC Seeks**  **And The Reason**  **Aerial Solutions of Indiana, LLC Seeks Relief Fr om**  **Section 91.121.**13 Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJIPhantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude inf ormation from the UA

to the PI C at the ground control station (GCS). Since the F AA requires that an y altitude information concerning UAS operations be reported to air traffic control (A

TC) in feet above ground level (AGL), Aerial Solutions of Indiana, LL C seeks the requested relief because the DJ I Phantom 3 UA ’s altimeter may

be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, re lief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below
. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJ I Phantom 3 UA are equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display

of the GCS. **4. Exten t Of Relief**  **Aerial Solutions of Indiana, LLC Seeks And**  **The Reason Aerial Solutions of Indiana, LLC**  **Seeks Relief Fr om**  **Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 UA

during day lig ht hours in visual meteorological conditions (VMC), under visua l flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Aerial Solutions of Indiana, LL C seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 314

UAs will severel y constrain the practicality of any aerial video or still photo flight operations that Aerial Solutions of Indiana, LLC proposes to conduct pursuant to this Petition. Significantly

, as set forth below, the technical specifications of the DJ I Phantom 3 UAS, the DJ I Phantom 3 operating documents, and Aerial Solutions of Indiana, LLC proposed operating limitations, ensure that Aerial Solutions of In diana, LLC will safely operate the battery

powered DJ I Phantom 3 UA during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. **5. Extent Of Relief Aerial Solutions of Indiana, LLC Seeks**  **And The Reason**  **Aerial Solutions of Indiana, LLC Seeks Relief Fr**  **om Sections 91.405(a),**  **91.407(a) (1), 91.409(a)(1) & (a)(2),**  **And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, Aerial Solutions of Indiana, LLC requests relief from these Sect ions because the DJ I Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 UAS meet the conditions of FMRA

Section 333 for operation without an airworthiness certificate. Accordingly

, Aerial Solutions of In diana, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Aerial Solutions of Indiana, LLC Aerial Op erations Manual, Monthly Maintenance L og, and DJ I Phantom 3 In struction Manual). Furthermore, Solutions of Indiana, LLC will document and maintain all maintenance records for the DJ I Phantom 3 UAS.15

**D. The Reasons Why Granting Aerial Solutions of Indiana,**  **LLC Request W ould Be**  **In The Public Inter**  **est; That Is, How It W ould Benefit**  **The Public As**  **A Whole.**  Granting the present Petition will further the public interest b y allowing Aerial Solutions of Indiana, LLC to safely , ef ficiently , and economicall y perfor m aerial video and photograph y of construction sites, real estate, special events, film sets, and landscape over certain areas of the United States. Additionally

, use of the DJIPhantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provi de significant benefits to the economy . Notably , the benefits of Aerial Solutions of Indiana, LL C proposed operation of the DJ I Phantom 3 UAS will be realized without implicating an y privacy issues. **1. The Public Will Benefit Fr om**  **Decr eased Congestion Of**  **The NAS.** The DJ I Phantom 3 UAs are battery powered and serve as a safe, ef ficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery
. By reducing the amount of manned aircraft needed to perform aerial acquis itions, an exemption allowing the use of a DJ I Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJIPhantom 3 UA

do not require an airport to takeof f or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traf fic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.16 **2. The Public Will Benefit Fr om**  **The Safety And Effici**  **ency Of The DJI Phantom 3**  **UAS.** Conducting aerial acquisitions with the DJIPhantom 3 UASs, instead of manned aircraft, will greatl y benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery

power and electric motors, the DJIPhantom 3 UAS produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine a ircraft that are t ypically utilized for aerial video and photography

, while burning approximately 20
- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 UA, while reducing the carbon footprint of Aerial Solutions of Indiana, also eliminates nois e pollution, as the UA are propelled by

battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIPhantom 3 UA

(weighing approximately 2 pounds 13.1 ounces respectively , at its maximum gross weight with a length of 16.2 inches and width of 16.6 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared t o the manned aircraft that t ypicall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacit y of 180 gallons).17 **3. Performing Aerial**  **Vi deo and Photography Operations**  **with DJI Phantom 3 UAS Will Benefit The Economy**  **.** In addition to being safe and efficient, the DJ I Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Aerial Solutions of Indiana, LL C, to remain competitive and contribute to growth of the U.S. economy

. Specifically

, with the rising cost of aviation fuel and the Environmental Protection Agency

(“EP A”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology

that not only

allows companie s greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 UAS, companies such as Aerial Solutions of Indiana, LLC, can re main competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S. economy

. Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4 . Ther**  **e Are No Privacy Issues.**  Similar to the manned flight operations that have been conducted for decades, Aerial Solutions of Indiana, LLC proposed operation of the DJ I Phantom 3 UAS will not18

implicate any

privacy issues. Specifically

, the DJIPhantom 3 UAS will be operated onl y in compliance with operating documents (i.e., the Aerial Solutions of Indiana, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 3 Instruction Manual) which requires property

owner involvement as well as loc al law enforcement notification, and in accordance with the Federal Av iation Regulations, including the minimum altitude requirements of 14 C.F .R. § 91.1 19. **E. The Reasons**  **Why Granting The Exemption W ould Not**  **Adversely Affect Safety**  **, Or How**  **The Exemption Wo**  **uld Pr ovide**  **A Level Of Safety**  **At Least Equal To**  **T hat**  **Pr ovided By**  **The Rule Fr om**  **Which Aerial Solutions of Indiana, LLC**  **Seeks Exemption.**  **1. Reasons Why The DJI Phantom 3 UA**  **Meet The Conditions Of The F AA**  **Modernization and Reform Act of 2012 (FMRA) Sectio**  **n 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Aerial Solutions of Indiana, LLC operation of the DJ I Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazar d to users of the NAS or the public, or otherwise pose a threat to national security
. Specifically

, FMRA Section 333 states the following, in part: (a ) In General.

--Notwithstanding any other r equir ement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secr etary of Transportation shall determine if certain unmanned air craft systems may operate safely in the national airspace system befor e completion of the plan and rulemaking r

equir ed by section 332 of this Act or the guidance r equir ed by section 334 of this Act. (b ) Assessment of Unmanned Air craft Systems.

--In making the determination under subsection (a), the Secr

etary shall determine, at a minimum

-- (1 ) which types of unmanned air craft systems, if any

, as a r esu lt of their size, weight, speed, operational capability , pr oximity to airports and19 populated ar eas, and operation within visual line of sight do not cr eate a hazar d to users of the national airspace system or the public or pose a thr eat to national securit

y; and (2 ) whether a certificate of waiver , certificate of authorization, or airworthiness certification under section 44704 of title 49, United S tates Code, is r equir ed for the operation of unmanned air craft systems identified under paragraph (1). (c) Requir

ements for Safe Operation.

--If the Secr etary determines under this section that certain unmanned air craft systems may operate safely in the national airspace system, the Secr etary shall establish r

equir ements for the safe operation of such air

cra ft systems in the national airspace system. In seeking this exemption, Aerial Solutions of Indiana, LL C submits that the DJ I Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe**  **Characteristics.** The DJ I Phantom 3 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Te**  **chnical Specifications Of The DJI Phantom 3**  **UAS.** The te chnical specifications of the DJ I Phantom 3 UAS are set forth b y the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

**ii. The DJI Phantom 3 UAS**  **Autonomous Flight And Navigation Modes**  **Enable The UAS**  **To Remain Within**  **A Defined Oper**  **ational Ar**  **ea.** The DJ I Phantom 3 UAS may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJIPhantom 3 UAS is provided in the Manufacturer ’s User Manual *See attached PDF Fil e **iii. The DJI Phantom 3**  **UAS Are Designed For**  **Automatic Return T o Home**  **Point Or Hover**  **In The Event Of Loss Of**  **The Contr ol Link Or**  **Navigation.**20 When the Control L ink is lost, the DJIPhantom 3 UA will remain stationary

, in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 UA do es not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeof f posit ion and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 3 UAS is provided in the Manufacturer ’s User Manual *See attached PDF

**iv . The DJI Phantom 3**  **GCS And Its Operation.**  A complete description of the operation and specific ations of the DJ I Phantom 3 GCS and flight control software is provided in the Manufacturer ’s User Manual *See attached PDF

**b. Flight Operations Of DJI Phantom 3 UAS**  **Ar e Limited T**  **o The Line Of Sight Of**  **A Certificated Pilot in Command With**  **A Safety Observer**  **.** Aerial Solutions of Indiana, LL C will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJ I Phantom 3 UAS. Additionally , a safet y observer will assist all pilots during flight time. **c. Flights Of DJI Phantom 3 UAS**  **Wi ll Be Conducted Pursuant T**  **o Specific Operating Limitations.**  In seeking this exemption, Aerial Solutions of In diana, LL C proposes to commerciall y operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by th is grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft21 Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3. The UAs may not be flown at an indicated airspeed exceeding 4 0 knots. 4. The UA

must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y AT C. All altitudes reported to AT C must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’ s F AA
- issued air

man medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always main tains VLOS capability
. The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traf fic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discre pancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwi se, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator ’s responsibility to track such revisions and present updated and revised documents to the Admi nistrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would af fect the basis upon which the F AA gran ted the exemption, then the operator must petition for amendment to its grant of22 exemption. The F AA ’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11
. An y UAS that has undergone maint enance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft record s. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer ’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accorda nce with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the au thorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against dis crepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PI C meets the operator ’s qua lification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F .R. § 61.51(b). Flights for the purposes of training the operator ’s PI Cs are permitted23 under the terms of the exemption. However, training operations m ay onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distanc e from nonparticipants in accordance with 14 C.F .R. § 91.1 19. 19. UAS operations may

not be conducted during night, as defined in 14 C.F .R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is requir ed, a special request will be made at the F AA of fice closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA

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

AA
- published aeronautical chart unless a letter of agreement with that airport’ s management is obtained, and the operation is conducted in accordance with a NOT AM as required by

the operator ’s COA. The letter of agreement with the airport man agement must be made available to the Administrator upon request. 21. The UA

may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA

lose s communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted ob stacles or emergencies in accordance with the operating documents. 24. The PI C 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 p oint and land the UA with 25% battery

power remaining. 25. 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. 26. Before conducting operations, the radio frequency spectrum used for operation and control of the UA

must comply

with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.24 27. The documents required fewer than 14 C.F .R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement officia l upon request. 28. The UA

must remain clear and yield the right of way to all manned aviation operations and activities at all times. 29. The UAS may not be operated b y the PIC from any moving device or vehicle. 30. Flight operations must be conducte d at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently protect nonparticipating per sons from the UA

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, f light operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the ris k of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.1 19(a). 31. All op erations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be co nducted.
32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the F

AA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents mu st be reported to the National T ransportation Safet y Board (NTSB) per instructions contained on the NTSB W eb site: www

.ntsb.gov
.25 **2. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Section 61.1 13(a)**  **And (b) Wo**  **uld Not**  **Adversely Affect Safety**  **.** Aerial Solutions of Indiana, LL C submits that the equivalent level of safet y established by

Section 61.1 13(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PI C has demo nstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJIPhantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Aerial Solutions of Indiana, LLC proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commer cial pilot requirements (See Exemption No. 11 062); and the airmanship skills necessary to safely operate the DJ I Phantom 3 UAS, Aerial Solutions of Indiana, LL C submits that the additional manned airmanship experience of a commercially certificated pilot w ould not correlate to the airmanship skills necessary for Aerial Solutions of Indiana, LLC specific proposed flight operations. The F AA has previously

granted relief from Section 61.1 13(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 111 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 58, 1 11 59, 1 11 60, 1 11 61). Aerial Solutions of Indiana, LL C will not allow any PIC to oper ate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 3 UAS training and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 3 UAS in a manner consistent with th is26

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically

, the PIC must have accumulated and logged, in a manner consistent with 14 C.F .R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeo ffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 1 1062, 1 11 38, and 1 11 53, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y durin g Aerial Solutions of Indiana, LLC proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 1 1062 , the F AA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilo t including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 1 1062, 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 UAS to be used for operations under the exemption. For clarification, the F AA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be inc luded in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The F

AA finds that at a minimum, the flight

- hour requirements in Exe mption No. 1 1062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner ’s proposed operations. The F AA also finds that prior documented flight experience that was obtained in compliance with applicable re gulations would satisfy this requirement. Tr aining, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and27 experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F .R 91.1 19. Exemption No. 1 11 38 at page 15. Accordingly

, Aerial Solutions of Indiana, LLC will ensure safe operations by not allowing an y P IC to operate the DJ I Phantom 3 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 DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaini ng appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Section 91.7(a) Wo**  **uld Not Adversely**  **Affect Safety .**  The equivalent level of safet y established b y Section 91.7(a) will be maintai ned because prior to every

flight, Aerial Solutions of Indiana, LL C will ensure that the DJ I Phantom 3 UAS is in an airworth y condition based upon the UAS’ s compliance with its operating documents and as stated in the conditions and limitations herein. Ad ditionally

, the F AA has previously

granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 111 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 1 11 59, 1 11 60, 1 11 61). **4. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Section 91.121 Wo**  **uld Not Adversely**  **Affect Safety .**  The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude28

information, combined with Aerial Solutions of Indiana, LL C operation of the DJ I Phantom 3 UA

within visual line of sight, at or below 400 feet AGL, will ensure a level of
s afet y equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UASs at ground level. The F AA has pr eviously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 2, 1 11 36, 1 11 38, 111 50, 1 11 53, 1 11 56 , 1 11 57, 1 11 58, 1 11 59, 1 11 60, 1 11 61). **5. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Section 91.151(b) Wo**  **uld Not Adversely**  **Affect Safety .**  A grant of this exemption would ensure an equivalent level of safet y established by 14 C.F .R. Section 91.151( b) as a result of (1) the technical specifications of the DJ I Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly , Aerial Solutions of Indiana, LLC will ensure that it wi ll safel y operate the battery powered DJ I Phantom 3 UA during day light hours in VFR conditions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 1 11 09, the technical specifications of the DJ I Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safet y established b y 14 C.F .R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 3 UAS provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage,29

the first warning occurring at approximately 33% remaining battery power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom 3 UAS will descend and land automatically
. Significantly

, previous exemptions granted by the F AA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircr aft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the F AA has previously

granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 881 1, 10808, 10673, 1 1042, 1 1062, 1 1063, 11 064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 111 57, 1 11 58, 1 11 59, 1 11 60, 1 11 61). **6. Reasons Why An Exemption Fr**  **om The Requir**  **emen ts Of Sections**  **91.405(a), 91.407(a) (1), 91.409(a) (1) & (a) (2), And 91.417(a) & (b) W**  **ould Not**  **Adversely Affect Safety**  **.** In seeking this exemption, Aerial Solutions of Indiana, LL C submits that the equivalent level of safet y with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Aerial Solutions of Indiana, LLC will use trained technicians to perform maintenance, alterations, or p reventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Aerial Solutions of Indiana LL C, Aerial Operations Manual, Monthly Maintenance Lo g, and DJ I Phantom 3 Instruction Manual). Furthe rmore, Aerial Solutions of Indiana, LLC will document and maintain all maintenance records for the DJ I Phantom 3 UAS.30 Since the DJ I Phantom 3 UAS will be inspected as prescribed b y the operating

documents, Aerial Solutions of Indiana, LLC will maintain th e equivalent level of safet y established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 3 User Manuals are attached hereto as Exhibit B; a cop y of the DJIPhantom 3 UAS Maintenance LOG is attached hereto as Exhibit C. Lik ewise, the exemption sought will not adversel y affect safet y because Aerial Solutions of Indiana, LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescri bed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly

, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Aerial Solutions of Indiana, LLC proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 UAS, Aerial Solutions of Indiana, LL C submits that safety will not be adversel y aff

ected b y granting exemption from 14 C.F .R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The F AA has previously

granted rel ief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g.31

Exemption Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 111 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 1 11 59, 1 11 60, 1 11 6 1). **7. The F AA**  **May Pr escribe**  **Any Other Conditions For** 

**Safe Operation.** In accordance with Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA) and 14 C.F .R. § 21.16 entitled Special Conditions, Aerial Solutions of Indiana, LLC requests that the F

AA prescribe special conditions for the intended operation of the DJIPhantom 3 UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F .R. Part 21, Subpart H, and 14 C.F .R §§ 61.1 13(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited purpose of conducting aerial video and phot ograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security ; an d further, provides the authority for such UAS to operate without airworthiness certification in accordance with an y requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special cond itions pursuant to 14 C.F .R. § 21.16, for operation of the DJ I Phantom 3 UAS, since the airworthiness regulations of 14 C.F .R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Sec tion 21.16, entitled Special Conditions, states the following: If the F AA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller32 because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 1 1 of this chapter and contain such safety

standard s for the aircraft, aircraft engine or propeller as the FA A finds necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F .R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F .R. § 21.16, the FA A may prescribe special conditions for Aerial Solutions of Indiana, LLC intended operation of the DJ I Phantom 3 UAS, which contain such safet y standards that the Administrator finds necessary

to establish a level of safet y equivalent to that established by 14 C.F .R. Part 21, Subpart H, and 14 C.F .R Sections 61.1 13(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). **F. A**  **Summary That Can Be Published In**  **The Federal Register , stating: The Rules**  **Fr om**  **Whic h**  **Aerial Solutions of Indiana, LLC Seeks Exemption:** Aerial Solutions of Indiana, LLC seeks exemption fr om the r equir ements of 14 C.F .R Sections 61.1 13(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

. **A Brief Description Of**  **The Natur e Of**  **The Exemption Aerial Solutions of**  **Indiana, LLC Seeks:** This exemption will permit Aerial Solutions of Indiana, LLC to commer cially operate an Unmanned Air craft System (UAS) for the purpose of conducting aerial vide o and photography over certain ar eas of the United S

tates. **G. Any**  **Additional Information, Vi**  **ews, Or A**  **rguments Av**  **ailable To**  **Support Aerial**  **Solutions of Indiana, LLC Request.** This Petition is made pursuant to the F AA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Tr ansportation to determine if certain UAS may operate safely

in the NAS. As such, Aerial Solutions of Indiana, LLC request for33

exemption may

be granted pursuant to the authority of FMRA

Section 333 and 14 C.F .R. Part 1 1, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y; and further, provides the authority fo r such UAS to operate without airworthiness certification. As discussed in detail above, Aerial Solutions of Indiana, LL C will operate the DJ I Phantom 3 UAS safely

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security
. **CONCLUSION** As set forth herein, Aerial Solutions of Indiana, LLC seeks an exemption pursuant to 14 C.F .R. § 1 1.61 and Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJIPhantom 3 UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photograph y over certain areas of the United States. By granting this Petition, the F AA Administrator will be fulfilling the Con gressional mandate of the F AA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Aerial Solutions of Indiana, LLC to safely , ef ficiently , and economicall y operate the DJ I Phantom 3 UAS commerciall y within th e NAS. **WHEREFORE** , in accordance with the Federal Av iation Regulations and the F AA Modernization and Reform Act of 2012, Section 333, Aerial Solutions of Indiana, LL C respectfull y requests that the Administrator grant this Petition for an exemption from th e requirements of 14 C.F .R Sections 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),34

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Aerial Solutions of Indiana, LLC to operate the DJ I Phantom 3 UAS commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States.
Dated: November 09, 2015

Respectfully submitted, Aerial Solutions of Indiana, LL C /s/ Joseph M Petro

_________________________ Joseph M Petro 203 N. County

L ine Road Saint Paul, In 47272 Te l: (866 ) 922
- 9477

Appendices : A

– DJ I Phantom 3 Te chnical Specifications B

– DJ I Phantom 3 Monthly Maintenance Log35 APPENDIX

– A **DJI PHANTOM 3 TECHNICAL SPECIFICA** 

**TIONS** Aerial Solutions of Indiana, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set dis tance. In addition, DJI software provides real

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

### Aircraft
**WEIGHT (INCLUDING**  **BA TTER**  **Y A ND PROPELLERS**  **)** 1280 g **DIAGONAL**

**SIZE (INCLU DING** 

**PROPELLERS)** 590 mm **MAX ASCENT** **SPEED** 5 m/s **MAX DESCENT SPEED**  3 m/s **HOVER ACCURACY** 

 Ve rtical: +/

- 0.1 m

(when V ision Positioning is active) or +/

- 0.5 m

 Horizontal: +/

- 1.5 m **MAX SPEED** 16 m/s (A TTI m ode, no w ind) **MAX AL**  **TITUDE ABOVE S**  **EA**

**LEVEL** 6000 m **OPERA TING**  **T EM**  **PERA**

**TUR E**  0°C to 40°C **GPS MODE** GPS/GLONASS 

### Cam era **SENSOR**

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **LENS**36 FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO RANGE** 100
- 3200 (video) 100

- 1600 (photo) **SHUTTER SPEED** 8s
- 1/8000s **IMAGE MAX SIZE** 4000 x 3000 **STILL PHOT**  **OGRAPHY**

**MO DES** 

 Single Shot

 Burst Shooting: 3/5/7 shots

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed Frames at 0.7EV Bias

 Time

- lapse **VIDEO RECORDING**

**MODE S**  

### Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60 

### Phantom 3 Advanced

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60 **SUPPOR TED SD CARD TY**  **PES** Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required **MAX BITRA**

**TE OF VIDEO**  **ST ORAGE**  

### Phantom 3 Professional 60 Mbps 

### Phantom 3 Advanced 40 Mbps **SUPPOR TED FILE FORMA** 

**TS**37  FA T32/exF AT

 Photo: JPEG

, DNG

 Vi deo: MP4, MOV

(MPEG

- 4 AV C/H.264) **OPERA TING**  **T EM**  **PERA**

**TUR E**  0°C to 40°C 

### Gim bal **CONTROLLABLE RANGE**

Pitch

- 90° to +30° **ST ABILIZA** 

**TION** 3
- axis (pitch, roll, yaw)



### Vi sion Positioning **MAX VELOCITY** 

Less than 8 m/s (when 2 m above ground) **AL TITUDE RANGE**  30 cm
- 300 cm **OPERA TING**  **RANGE** 30 cm
- 300 cm **OPERA TING**  **ENVIRONMEN T**  Surface with clear pattern and adequate lighting (Lux > 15)



### Rem ote Controller **OPERA TING**  **FREQUENCY** 2.400 GHz
- 2.483 GHz **MAX DIST**

**ANCE** 2000m (outdoors and unobstructed) **VIDEO OUTPUT POR**  **T** USB **OPERA TING**  **T EM**  **PERA**

**TUR E**  0°C
- 40°C **BA TTER**  **Y** 6000 mAh LiPo 2S **MOBILE DEVICE HOLDER** For tablet or phone **RECEIVER SENSITIVITY (1%PER)** 

- 101 dBm ±2 dBm38 **TRANSMITTER POWER (E IRP)** 

 FCC: 20 dBm

 CE: 16 dBm **WORKING**

**VO LTA**  **GE** 1.2 A @7.4 V



### Battery Char ger **VO LTA**  **GE**

17.4 V **RA TED POWER**  

### Phantom 3 Professional

 100 W 

### Phantom 3 Advanced

 57 W



### Intelligent Flight Battery **CAP ACITY**  4480 mAh **VO LTA**  **GE** 15.2 V **BA TTER**  **Y TYPE**  LiPo 4S **ENERGY** 68 Wh **NET WEIGHT**  365 g **MAX FLIGHT T**  **IME** Approximately 23 minutes **OPERA TING**  **T EM**  **PERA**

**TUR E** 

- 10°C to 40°C **MAX CHARGING**

**POWER** 100 W 

### App / Live **MOBILE APP** 

DJI Pilot39



### Vi ew **EIRP**

100m W **LIVE VIEW WORKING FR** **EQUENCY** 2.4GHz ISM **LIVE VIEW QUALITY** 720P@ 30fps (depending on conditions and mobile device) **LA TENCY**  220m s (depending on conditions and mobile device) **REQUIRED OPERA**

**TING S**  **YSTEMS**

 iOS 8.0 or later

 Android 4.1.2 or later **RECOMMENDED DEVICES**

 iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air , iPad Air Wi

- Fi + Cellular , iPad mini 2, iPad mini 2 Wi

- Fi + Cellular , iPad Air 2, iPad Air 2 Wi

- Fi + Cellular , iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. T his app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

 Android: Samsung S5, Note 3, Sony Xperia Z3, Goog le Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini

 *Support for additional Android devices available as testing and development continues

APPENDIX

– B40 Monthly Maintenance Log

UAS #_____ Date Issue Maintenance Initials

Performed

Firmware

Check

Frame
Engines
Propellers

Camera

Gimbal
Landing

Gear41 Vi bration

Other: