Docket # ____________________________
Petition for an Exemption to allow commercial operations of a sUAS by Indy Drone LLC
Pursuant to Section 333 of the FAA Modernization and Reform act, Jolyon Dekker, doing business as Indy Drone LLC, hereby applies for an exemption from the following

sec tions of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b) , 61.315(a), 91.7(a), 91.119(c), 91.121, 91.15 1 , 91.405(a), 91.407 (a)(1) , 91.409 (a)(1) , and 91.417 (a) & (b) , to the extent necessary to a llow Indy Drone LLC to operate a UAS to perform aerial data collection. This petition was prepared by the petitioner without legal counsel.

Submitted October 14 , 20152 Petitioner Information

Jolyon Dekker DBA “Indy Drone LLC”
12335 Eddington PL Fishers, Indiana, 46037
jolyon.dekker@indy

- drone. com 317.436.1421

Introduction : Jolyon Dekker, doing business as “Indy Drone LLC” petitions to oper ate the DJI Phantom 3 UAS commercially for the following purposes:

• Aerial photography and cinematography of residential real estate, commercia l real estate, and construction sites in and around the Indianapolis metro area

.
• Aerial photography and cinem atography of events

.
• Aerial inspection of agricultural land for the purpose of helping farmers with yield estimation and crop insurance claims

.

• Provide no
- cost aeri al imaging capabilities to l ocal f ire and law enforcement officials only if requested.

Based on fe edback from local business owners that would utilize Indy Drone for aerial data collection services , there is tremendous opportunity for a thriving and growing business by harnessing this powerful new technology.3 UAS Information: The DJI Phantom 3 is a GPS equipped quadcopter with attached digital video cam era and a portable ground station operating in the 2.4 GHz frequency range. It has a maximum airspeed of 32 knots and a gross weight of 2.8 pounds.

• Indy Drone LLC will operate the UAS in accordance with the procedures and guidance set forth in the most current version of the User Manual as produced by the manufacturer. The most current version of the manual will be carried with the PIC on all flights.

• The UA’s maximum flight altitude setting will be programmed to an altitude lower than the maximum altitude for the COA each flight is operating under.

• The UAS will not be used in commercial operations unless the most current firmware is installed in the ground control station, UA, and each battery. Firmw are updates will be noted in the maintenance log.

• The operator will track maintenance for each UAS using a maintenance log. No UAS will be permitted to operate with an “open item” on the maintenance log. See sample log sheet included with petition.

• Only DJ I approved or produced parts will be used for repairs and maintenance to the UAS.
Multiple recent exemptions have been approved utilizing the DJI Phantom 3 including numbers 13126 (Hoverstat) & 13125 (Keeton). Indy Drone LLC intends to operate this UAS in a manner similar in all material respects to others that have been granted.

PIC Information:
The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medica l certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
No pilot will be permitted to be PIC until he/she demonstrates to the operator 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 will be logged in a manner consistent with 14 CFR § 61.51(b).
These qualifications a re similar in all material respects to the conditions and limitations established for PICs in exemption numbers 13126 and 13125.4 Regulations from which Indy Drone LLC is seeking exemption :

14 CFR 61.23(a) and (c)

• Reason for relief: Necessary to meet requirements stated in “PIC Information” section of this petition.

• Indy Drone Procedures for equivalent level of safety: The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puer to Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
61.101(e)(4) and (5)

• Reason for reli ef: Necessary to meet requirements stated in “PIC Information” section of this petition.

• Indy Drone Procedures for equivalent level of safety: No Recreational pilot will be permitted to be PIC until he/she demonstrates to the operator 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 a nd currency will be logged in a manner consistent with 14 CFR § 61.51(b).
61.113(a) & (b)

• Reason for relief: Necessary to meet requirements stated in “PIC Information” section of this petition.

• Indy Drone Procedures for equivalent level of safety: No Priva te pilot will be permitted to be PIC until he/she demonstrates to the operator 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 ap propriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b).5 61.315(a)

• Reason for relief: Necessary to meet requirements stated in “PIC Information” section of this petition.

• Indy Drone Procedures for equivalent level of safety: No Sport pilot will be permitted to be PIC until he/she demonstrates to the operator 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 will be logged in a manner consistent with 1 4 CFR § 61.51(b).

91.7(a)

• Reason for relief: The DJI Phantom 3 does not require an airworthiness certificate in accordance with 14 CFR Part 21, subpart H.

• Indy Drone Procedures for equivalent level of safety : Prior to each flight, the PIC shall conduct a pre
- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection shall account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects th e safe operation of the UAS, the aircraft shall be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.6 91.121

• Reason for relief: The DJI Phantom 3 is not equipped with a barometric altimeter.

• Indy Drone Procedures for equivalent level of safety: The aircraft uses GPS to determine altitude and send back this information to the PIC. The system as designed by the manufacturer is adequate to comply with any altitude restrictions as de termined by the administrator.

91.151

• Reason for relief: The DJI Phantom 3 is electric powered, and does not have sufficient battery life to comply with this regulation.

• Indy Drone Procedures for equivalent level of safety: The PIC shall not begin a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the

manu facturer if greater.
91.203 (a) and (b)

• Reason for relief: The DJI Phantom 3 does not require an airworthiness certificate in accordance with 14 CFR 21, Subpart H

• Indy Drone Procedures for equivalent level of safety: Not Applicable7 91.405 (a) , 91.407 (a)(1) , 91.409 (a)(1) , 91.417 (a) and (b)

• Reason for relief: These maintenance, repair, inspection and record keeping requirements are not necessary for a UAS without an airworthiness certificate.

• Indy Drone Procedures for equivalent level of safety: Indy Drone shall be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. Pr ior to each flight, the PIC shall conduct a pre

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

- f light inspection 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 maintenance has been performed and the UAS is found to be in a condition for safe flight.

Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, sh all undergo a functional test flight prior to conducting further operations

. 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 shall be conducted in such a manne r so as to not pose an undue hazard to persons and property.

The operator will track maintenance for each UAS using a maintenance log. No UAS will be permitted to operate with an “open item” on the maintenance log. See sample log sheet included with peti tion. All maintenance log sheets shall be maintained by the operator for the life of the aircraft, and shall be made available on request to the Administrator or an authorized representative of the National Transportation Safety Board.8 Public Interest Statement : Approval of this petition is in the public interest for several reasons.

• Real estate is a large and highly competitive business in America. Affordable aerial imaging will give homeowners and real estate professionals an edge on their competiti on in the market.

• Aerial imaging of crops throughout the growing season allows farmers to be more precise in their application of fertilizers, pesticides, etc. This reduces the environmental impact of applying such products, and also helps the farmer be

mo re profitable.

• Making no cost aerial imaging available for local authorities will provide a valuable resource for many situations, most notably search & rescue in large open

areas.

Overall Equivalent Level of Safety :
As an Airline Transport Pilot with operational experience und er FAR Parts 91, 91(k) , 121, and 135, Mr. Dekker is acutely aware of the importance of safety , and t he ramifications of failure

. This exemption will not adversely affect the safety of the national airspace sys tem. Given the small size, lightweight construction, slow speed, lack of onboard crew, and lack of flammable fuel on board, the operation of this UAS for aerial data collection is equal to or greater than the safety of doing so in any other category or cla ss of aircraft.9 Conditions & Limitations : Indy Drone LLC will operate under the conditions and limitations that ar e similar in all respects to those granted by the Administrator in Exemption No. 13125 (Keeton, Docket No. FAA

- 2015

- 3009). The only deviation from the conditions and limitations of Exemption No. 13125 is that Indy Drone LLC w ill be operating the Phantom 3 aircraft only . Those conditions are as follows:

1. Operations authorized by this grant of exemption are l imited to the DJI Phantom 3 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 telev ision 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 w ill 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 lenses, 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 maintain s VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her10 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 operations 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 and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitation s herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law 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 operato r 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 FAA’s UAS Integration Office (AFS

− 80) may be contacted if questions a rise 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 t o 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.11 10. Prior to each flight, the PIC must conduct a pre

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

- flight inspection 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
air craft is prohibited from operating until the necessary maintenance 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 UAS 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, recreation al, or sport pilot certificate. The PIC must also
hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must al so meet the flight r eview requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS i n 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 b e log ged in a manner
consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

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

-12 building flights, all p ersons 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 1 4 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 current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on
the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtaine d or otherwise 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 b elow or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the
PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least one mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.

19. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre
- determined location within the private or controlled

- access property.

20. The PIC must abort the flight in the event of unpredicte d obstacles or emergencies.13 21. 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 the intended operation and to operate after that for at least five mi nutes or with the reserve power recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted 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.

23. All aircraft operated in accordance with this exemption must be 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 a s practicable.

24. 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 oper ating. These documents must be made available to the Administrator or any law enforcement official upon request.

25. The UA must remain clear and give way to all manned aviation operations and
activities at all times.

26. The UAS may not be operated by the PIC f rom any moving device or vehicle.

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

1. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, fligh t operations must cease14 immediately in a manner ensuring the safety of nonparticipating persons;
and

2. 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 ass essment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

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

28. All operations shall b e conducted over private or controlled

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

29. 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 FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be rep orted to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

30. 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 91.15 Statement for Federal Register:

Pursuant to Sect ion 333 of the FA A Modernization and Reform act, Indy Drone LLC is applying for an exemption from the following sections of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151 , 91.405(a), 91.407(a) (1), 91.409(a)(1), and 91.417(a) & (b).
This exemption will permit Indy Drone to safely operate small Unmanned Aircraft. Indy Drone will perform aerial photography, aerial crop inspections, and provide voluntary no

cost assistance to local authorities if requested.

Conclusion
Jolyon Dekker, DBA Indy Drone LLC is applying for an exemption from the following sections of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1), and 91.417(a) & (b) to the exte nt necessary to safely operate the DJI Phantom 3 UAS in commercial operations. This petition is similar in all material respects to numerous exemptions that have been previously approved.

Submitted October 14 , 2015.