~p.O-QATA Co 

=""""GWNWLTmG~ ENVIRONMENTAL • 

AERIAL PHOTO ACQUISITION INTERPRETATION ana MAPPING 

June 29, 2015 

Docket Operations, M-30 

U.S. Department of Transportation (DOT) 

1200 New Jersey Avenue, SE 

Room W12-140 

West Building Ground Floor 

Washington, DC 20590-0001 

8245 YMCA Plaza Drive 

Baton Rouge, LA 70810 

225.767.5/25 

RE: Aero-Data Corporation LLC's Petition for Exemption from Federal Aviation 

Regulations for the Purpose of Operating an Unmanned Aircraft System 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 

C.F.R. Part 11, Aero-Data Corporation LLC seeks an exemption from Federal Aviation 

Regulations to allow the commercial use of the DJI Phantom 3 Professional Unmanned Aircraft 

System (UAS) for the purpose of aerial surveys within the National Airspace System (NAS). 

The FAA has granted exemptions to Hawk Aerial, LLC (Exemption No. 13306A) and InTec of 

San Antonio, LP (Exemption No. 11867) for the use of the DJI Phantom 3 for similar purposes. 

By approving these exemptions, the FAA will allow a safe and risk adverse method to collect 

aerial data. The battery-powered UAS described herein is smaller and lighter than fixed-wing 

aircraft. It operates at lower altitudes with no people on board. Its use will diminish the 

likelihood of death or serious injury to persons in the air or on the ground and the likelihood of 

damage to structures. The UAS offers little or no threat to national security. 

In addition, Aero-Data Corporation LLC requests permission to assist first responders who may 

require assistance. We will remain subject to all limitations outlined herein as we do so. 

The name and contact information of the applicant is as follows: 

Aero-Data Corporation LLC 

8245 YMCA Plaza Drive 

Baton Rouge, Louisiana 70810-0919 

We are prepared to modify or amend any part of this request to meet an equivalent level of 

safety. We look forward to working with your office. Please contact Randall Grip at 

225.767.5725 or rgrip@aero-data.com if you require any additional information or clarifications. 

. - -~ 
Exemptions Requested: 

Aero-Data Corporation is requesting this waiver as it applies to the following F ARs: 

§ 45.23(b) 

§ 45.27(a) 

§ 61.113(a) and (b) 

§ 61.315(a) and (c) 

§ 91.7 (a) 

§ 91.9(b)(2) and (c) 

§ 91.103(b)(2) 

§ 91.105 

§ 91.109 

§ 91.119(b) and (c) 

§ 91.121 

§ 91.151 

§ 91.203 (a)(1) 

§ 91.405 (a) 

§ 91.407 (a)(l) 

§ 91.409 (a)(1) & (a)(2) 

§ 91.417 (a) & (b) 

Introduction and Interests of the Petitioner 

Since 1983, Aero-Data Corporation LLC (hereinafter referred to as "Aero-Data") has provided 

quality services including: aerial photography acquisition, orthophoto production , planimetric 

mapping, topographic mapping, geographic information systems, volumetric calculations, and 

photo interpretation to clients throughout the United States. Our clients include many industry 

leaders in energy, mining, and chemical manufacturing. We have provided services to local and 

state government as well as to the following federal agencies: the U.S. Geological Survey, the 

U.S. Environmental Protection Agency, the U.S. Soil Conservation Service, the U.S. Department 

of Justice and the U.S. Army Corps of Engineers. 

Aero-Data seeks an exemption to operate the DJI Phantom 3 Professional UAS for compensation 

or hire within the NAS to provide professional aerial photographs, videos, and photogrammetry 

services to our clients. 

Background 

TheUAS 

The DJI Phantom 3 Professional UAS is comprised of a quad-rotor unmanned aircraft and a 

handheld ground control station. The specifications of the UAS are as follows: 

Gross Weight (including battery and propellers): 1280 g 

Diagonal Size (including propellers): 590 mm 

Maximum Ascent Speed: 5 m/s 

Maximum Descent Speed: 3 m/s 

Vertical Hover Accuracy:+/- 0.1 m 

2 
Horizontal Hover Accuracy: +/- 1.5 m 

Maximum Speed: 16 m/s 

The DJI Phantom 3 Professional has a Return to Home Feature that returns the aircraft to its 

launch site in the event of a low battery or the loss of the remote controller signal. A full list of 

all specifications is located in the Appendix of the manufacturer's manual. (The manual is 

available for review at http://www.dji.com/product/phantom-3/download) 

Operation of the UAS 

Aero-Data has a Flight Operation Manual ("FOPM") that is intended to provide an equivalent 

level of safety to the Federal Aviation Regulations from which Aero-Data seeks exemption. 

Aero-Data will provide an electronic or hardcopy of the FOPM to the Pilot in Command ("PIC") 

and each observer. The PIC will make sure that each flight is in compliance with the FOPM, the 

DJI Phantom 3 Professional User's Manual and applicable F ARs. 

Aero-Data's Flight Operation Manual 

1. The minimum crew for UAS operation will consist of a PIC and the Visual Observer 

(VO). 

2. The PIC must hold at least a FAA private pilot certificate or sport pilot certificate to 

operate the UAS. 

3. The PIC must hold a current FAA medical certificate or a valid U.S. driver's license. 

4. The PIC will be proficient in flying the DJI Phantom 3 Professional UAS and have at 

least 25 hours of flying time of the UAS in a manner consistent with how the UAS will 

be operated under this exemption. 

5. Prior to each flight, the PIC will conduct a pre-flight inspection in accordance with the 

manufacturer's user manual to determine if the UAS is in condition for a safe flight. 

6. After maintenance or alterations to the UAS, the PIC and VO will perform a functional 

test flight before conducting further operations. 

7. Before operating the UA over private or controlled-access property, the PIC will obtain 

permission from the owner or controller of the property. 

8. Prior to flight, the PIC will give a briefing to crew regarding the planned UAS operation. 

All personnel involved in the operation must be present. 

9. The UA will be operated within the Visual Line of Sight (VLOS) ofthe PIC and VO at 

all times. 

10. The PIC and VO must be able to communicate verbally at all times. 

11. The PIC and VO are not allowed to text or email during operations. 

12. Flights will be conducted only in daylight hours. 

13. Flights will be conducted only in visual meteorological conditions. 

14. The UA will not be operated in rain, snow, or fog conditions. 

15. The UA will be kept clear from clouds at all times. 

16. The PIC will not begin a flight unless there is enough power for the UA to conduct the 

intended operation and still have a reserve battery power of no less than 25%. 

17. The UA will not be operated at an altitude greater than 400 feet above ground level 

(AGL). 

18. The speed of the UA will not exceed 25 miles per hour. 

19. The UA will not be operated from a moving vehicle. 

3 
20. The UA will remain clear and give way to all manned aircraft. 

21. The UA will remain at a distance of at least 5 nautical miles of any airport or heliport 

unless a letter of agreement from the airport's management is obtained. 

22. Flights will not be conducted over densely populated areas. 

23. Flights will be operated at a lateral distance of at least 100 feet from people, structures, 

vehicles, and vessels not associated with the operation, unless property owner I controller 

or person has given authorization prior to the flight. 

24. The PIC will abort the flight in the event of an unpredicted obstacle or emergency. 

25. The PIC will report any incident, accident or flight operation that transgresses the lateral 

or vertical boundaries of the operational area to the FAA's UAS Integration Office within 

24 hours. 

26. The PIC will report any accidents involving the UA to the National Transportation Safety 

Board. 

Basis for Petition 

Aero-Data, pursuant to the provisions ofthe Federal Aviation Regulations (FAR) (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012 ("FMRA"), Section 333, Special 

Rules for Certain Unmanned Aircraft Systems ("Section 333"), hereby respectively petitions the 

Administrator to operate the DJI Phantom 3 Professional within the NAS and for an exemption 

from the requirements ofTitle 14 Code of Federal Regulations§§ 45.23(b), 45.27(a), 61.113(a) 

and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 91.103(b)(2), 91.105, 91.109,91.119 (b) 

and (c), 91.121, 91.151,91.203 (a)(l), 91.405 (a), 91.407 (a)(l), 91.409 (a)(l) & (a)(2), 91.417 

(a) & (b). 

Section 45.23(b) Display of Marks 

Aero-Data requests relief from Section 45 .23(b) because the DJI Phantom 3 Professional UAS 

does not have a cabin, cockpit, or pilot station upon which the markings can be placed. 

Aero-Data submits an equivalent level of safety can be achieved by marking the body of the 

UAS with the serial number and N-number. The lettering of theN-number will be as large as 

possible. 

Section 45.27(a) Location of marks; nonfixed-wing aircraft 

Aero-Data requests relief from Section 45.27(a) because the DJI Phantom 3 Professional UAS 

does not have a cabin, fuselage, boom or tail, upon which the markings can be displayed. 

Aero-Data submits an equivalent level of safety can be achieved by marking the body of the 

UAS with the serial number and N-number. The lettering of theN-number will be as large as 

possible. 

Section 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command 

Aero-Data requests relief from Section 61.113 (a) and (b) to the extent necessary to allow a 

person who holds a private pilot certificate to operate the UAS for compensation or hire. 

Aero-Data submits that a private pilot can achieve an equivalent level of safety as a commercial 

pilot because the risk in operating the UAS is significantly lower than the risk associated with the 

4 
operation of a manned aircraft. The UA does not carry a pilot or passengers. The UA is smaller, 

lighter, and easier to maneuver than manned aircraft. The UA will be operated within a limited 

area of operation. 

Furthermore, Aero-Data will ensure that the PIC is proficient in flying the DJI Phantom 3 

Professional and that the PIC has at least 25 hours of flying time of the UAS in a manner 

consistent with how the UAS will be operated under this exemption. 

Section 61.315(a) and (c) What are the privileges and limits of my sport pilot certificate? 

Aero-Data requests relief from Section 61.315(a) and (c), which states that a sport pilot cannot 

operate an aircraft for compensation or hire. 

Aero-Data submits that a sport pilot can achieve an equivalent level of safety as a commercial 

pilot because the risk in operating the UAS is significantly lower than the risk associated with the 

operation of a manned aircraft. The UA does not carry a pilot or passengers. The UA is smaller, 

lighter, and easier to maneuver than manned aircraft. The UA will be operated within a limited 

area of operation. 

Furthermore, Aero-Data will ensure that the PIC is proficient in flying the DJI Phantom 3 

Professional and that the PIC has at least 25 hours of flying time of the UAS in a manner 

consistent with how the UAS will be operated under this exemption. 

Airworthiness Certificates 

In consideration of the size, weight, speed, and limited operating area associated with the UAS 

and its operation, the DJI Phantom 3 Professional meets the conditions of Section 333 and will 

not require airworthiness certification in accordance with 14 C.F .R. Part 21, Subpart H, or any 

associated noise certification and testing requirements of Part 36. 

Section 91.7(a) Civil aircraft worthiness 

Aero-Data requests relief from Section 91.7(a), which states that "no person may operate a civil 

aircraft unless it is in an airworthy condition", because the DJI Phantom 3 Professional UAS 

does not require an airworthiness certificate in accordance with 14 C.F.R., Part 21, Subpart H. 

Aero-Data submits the PIC will ensure the UAS is in condition for safe flight, by determining the 

UAS is in compliance with the DJI Phantom 3 Professional UAS User Manual and Aero-Data's 

Flight Operations Manual. The PIC will discontinue the flight ifunairworthy mechanical 

conditions occur. 

Section 91.9(b)(2) and (c) Civil aircraft flight manual, markings, and placard requirements 

Aero-Data requests relief from Section 91.9(b)(2) because the UAS does not have the room or 

capacity to store the flight manual onboard the aircraft. Aero-Data submits an equivalent level of 

safety can be achieved by keeping the flight manual with the PIC at the ground control point, 

during operation of the UAS. The flight manual will be made available to the Administrator or 

law enforcement upon request. 

5 
Aero-Data requests relief from Section 91.9(c) because the UAS cannot be marked in accordance 

with Part 45. The UAS does not have a cabin, cockpit, or pilot station upon which the markings 

can be placed. Aero-Data submits an equivalent level of safety can be achieved by marking the 

UAS with the serial number and theN-number. The lettering of theN-number will be as large as 

possible. 

Section 91.103(b)(2) Preflight Action 

Aero-Data requests relief from Section 91.1 03(b )(2), which requires the PIC to be familiar with 

the runway lengths at airports of intended use, and takeoff and landing distance information. 

The operation of the UAS does not require an airport for takeoff and landing. Aero-Data submits 

an equivalent level of safety can be achieved by having the PIC check weather conditions and the 

takeoff and landing distances from the ground control point before flight. 

Section 91.105 Flight crewmembers at station 

Aero-Data requests relief from Section 91.105, which requires crewmembers to be at their proper 

stations with their safety harnesses fastened while en route and during takeoff and landing, 

unless the absence is necessary to perform duties necessary for the operation of the aircraft or in 

connection with physiological needs. 

This requirement cannot be met, because the UA does not have flight crewmembers onboard the 

aircraft. Aero-Data submits an equivalent level of safety can be maintained by having the PIC 

land the UA before attending to any emergent or physiological needs. 

Section 91.109 Flight instruction; Simulated instrument flight and certain flight tests 

Aero-Data requests relief from Section 91.109, which requires that "no person may operate a 

civil aircraft (except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls." 

This requirement cannot be met because the UAS does not have dual controls. Aero-Data 

submits an equivalent level of safety can be achieved by ensuring the PIC is proficient in flying 

the DJI Phantom 3 Professional and that the PIC has at least 25 hours of flying time ofthe UAS 

in a manner consistent with how the UAS will be operated under this exemption. The PIC will be 

familiar with the DJI Phantom Professional UAS User Manual and Aero-Data's Flight 

Operations Manual. 

Section 91.119(b) and (c) Minimum safe altitudes: General 

Aero-Data requests relief from Section 91.119(b) and (c), which require the aircraft to be 

maintained at an altitude of at least 1000 feet over congested areas and 500 feet over sparsely 

populated areas, and at a distance of at least 500 feet from any person, vessel, vehicle, or 

structure. 

Aero-Data will operate the UA at or below 400 feet AGL. Aero-Data submits an equivalent level 

of safety can be met because unlike manned aircraft, the UA operates without combustible fuel 

and with no people on board, thus reducing the likelihood of death or serious bodily injury to 

persons in the air or on the ground, as well as reducing the risk of damage to vessels, vehicles, 

6 
and structures. Aero-Data will obtain prior consent from the property owner and persons on the 

ground before operations. 

Section 91.121 Altimeter Settings 

Aero-Data requests relief from Section 91.121, because the UAS does not have a typical 

barometric altimeter onboard. 

Aero-Data submits that an equivalent level of safety can be met because the altitude of the UAS 

will be provided to the PIC through the UAS's GPS equipment and radio communications 

telemetry data link, which downlinks altitude information from the UA to the Ground Control 

System for active monitoring of the flight path. This information will be sufficient for the PIC to 

maintain the UA at an altitude below the 400 AGL limitations. In addition, the PIC will only 

operate the UA in a visual line of sight. 

Section 91.151 Fuel Requirements for flight in VFR conditions 

Aero-Data requests relief from Section 91.151, which requires that no person begin a flight under 

VFR conditions unless there is enough fuel to fly to the first intended point oflanding and after 

that for 30 minutes. 

Aero-Data submits that the terminating the flight with 25% of the battery power remaining will 

provide an equivalent level of safety. Furthermore, the DJI Phantom 3 Professional UAS has a 

Low Battery Return to Home Feature, in which the operator is prompted to return the aircraft 

home or land it immediately. The UA will land itself automatically if the remaining battery 

power is only sufficient for the aircraft to descend from its current altitude. 

Section 91.203(a)(1) Civil Aircraft: Certifications required 

Aero-Data requests relief from Section 91.203(a)(1), which states that no person may operate a 

civil aircraft without a current airworthiness certificate, because the DJI Phantom 3 Professional 

UAS does not require an airworthiness certificate in accordance with 14 C.F.R., Part 21, Subpart 

H. 

Aero-Data submits that the Pilot in Command (PIC) will ensure the UAS is in airworthy 

condition prior to every flight, by determining the UAS in in compliance with the DJI Phantom 3 

Professional UAS User Manual and Aero-Data's Flight Operations Manual. 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) and 91.417(a) & (b) 

Aero-Data request relief from Sections: 91.405(a), 91.407(a)(l), 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. 

Aero-Data submits that the requested relief is proper since an equivalent level of safety will be 

ensured. Aero-Data will perform maintenance, preventative maintenance and /or alterations on 

the UAS using the methods specified in the manufacturer's manual. After any maintenance or 

alterations, Aero-Data will perform a functional test flight before conducting further operations. 

Aero-Data will document and maintain all maintenance records on the UAS. Aero-Data will 

comply with all of the manufacturer's safety bulletins. 

7 
The Reasons Why Granting Aero-Data's Exemption Would Benefit the Public as a Whole 

1. The Public Will Benefit by the Aerial Data Collected. Aero-Data performs aerial 

survey missions in support of the government as well as such industries as forestry, 

mining, energy, and chemical manufacturing. These industries will use the aerial data 

acquired by Aero-Data's UAS in monitoring coastal erosion and wetlands loss, levee 

inspections, managing stand health, volumetric determinations, right of way analysis, and 

environmental impact studies. These proposed uses not only provide economic benefits to 

the public, but they also increase the public's safety. 

2. The Public Will Benefit by Decreasing Congestion of the NAS. Aero-Data's use ofthe 

UAS would decrease the congestion of the NASby reducing the number of manned 

aircraft needed to obtain aerial imagery. Because the UAS does not require an airport for 

takeoff and landing, its use would lessen the burden on air traffic control. 

3. The Public Will Benefit from a Reduction in Pollution. Aero-Data currently uses a 

fixed-wing aircraft for aerial surveys. Our aircraft burns 16 gallons ofleaded aviation fuel 

per hour. By granting the present Petition, Aero-Data would lessen our carbon imprint. 

The DJI Phantom 3 Professional UAS is battery-operated and has an electric motor. It 

produces no air pollution and little noise pollution. 

4. The Public Will Benefit from an Increase in Safety. Unlike manned aircraft, the UA 

operates without combustible fuel and with no people on board. Aero-Data's use of the 

UAS for aerial surveys will diminish the likelihood of death or serious bodily injury to 

persons in the air on the ground, as well as reduce the risk of damage to structures. 

5. The Public Will Benefit Economically. With the rising cost of aviation fuel and the 

EPA's regulatory actions phasing out leaded aviation fuels, American companies like 

Aero-Data need to seek out new technologies, like unmanned aircraft, to remain viable 

and competitive. By operating the UAS, Aero-Data will remain profitable and be able to 

offer job stability to its employees. A stable workforce promotes consumer spending, 

which in tum increases tax revenues for local, state and federal governments. 

6. There Are No Privacy Issues. Aero-Data's operation of the UAS will not implicate any 

privacy issues, because the flights will only occur over private I and or controlled-access 

property, with the landowner's prior consent and knowledge. 

Summary 

Aero-Data Corporation LLC seeks an exemption from the requirements of 14 C.F.R. §§ 

45.23(b), 45.27(a), 61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 

91.103(b)(2), 91.105, 91.109, 91.119 (b) and (c), 91.121, 91.151, 91.203 (a)(l), 91.405 (a), 

91.407 (a)(1), 91.409 (a)(l) & (a)(2), 91.417 (a) & (b). 

8 
A Brief Description of the Nature of the Exemption Aero-Data Corporation LLC Seeks: 

This exemption will permit Aero-Data Corporation LLC to operate an Unmanned Aircraft 

System (UAS) commercially for the purpose of aerial surveys within the National Airspace 

System (NAS). 

Conclusion 

Aero-Data Corporation LLC seeks an exemption pursuant to 14 C.F.R. §11.61 and Section 333 

of the FAA Modernization and Reform Act of 2012, to permit safe operation of the DJI Phantom 

3 Professional UAS commercially, without an airworthiness certificate, for the special purpose of 

conducting aerial surveying operations. By granting this petition, the FAA Administrator will be 

fulfilling the Congressional mandate of Section 333 of the FAA Modernization and Reform Act 

of2012 to expedite approval of certain UAS within the NAS, while also advancing the interests 

of the public. 

Sincerely, 

Randall Grip 

Vice President 

Aero-Data Corporation LLC 

8245 YMCA Plaza Drive 

Baton Rouge, Louisiana 70810-0919 

225.767.5725 

rgrip@aero-data.com 

9