Sienar Aerial, LLC

3994 Trace Hollow Run

Salisbury, MD 21804

(443) 944-6976

martinjstn1@gmail.com

July 4, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: 1) Phantom 3 Professional User Manual (EN) v1.2 2015-6 1

2) Phantom 3 Safety Guidelines and Disclaimer 2015 04 29

3) Phantom 3 Professional Quick Start Guide (EN) v1.0 2015 5 20

4) S1000 User Manual v1.10 2014-11-21

5) S1000 Release Notes 2014-2 24

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the matter of 

the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508

in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in the matter of 

the petition of FLYING CAM INC.

Dear Sir or Madam:

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of 

the FAA Modernization and Reform Act of 2012, I, Justin Martin, as the Managing Member and Owner 

of Sienar Aerial, LLC (referred to hereinafter as the “Petitioner”), requests exemption from the following 

sections of Title 14, Code of Federal Regulations §§ 61.113(a); 61.113(b); 91.119(c); 

91.121;91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 91.409(a)(2); 91.417(a) & (b).

The purpose of this request is to allow for the operation of small unmanned aircraft systems (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA). The proposed 

purposes of the UAS include aerial photography, cinematography, videography, mapping, crop 

surveying, inspections and other flight operations that could be performed safely and more cost 

effectively with the use of small UAS at low altitude within the U.S. national airspace system as 

compared to a manned aircraft. Operations will be performed only at the request of and with the 

authorization and permission of clients or their authorized agents in order to facilitate commerce and 

raise awareness of the beneficial uses of small unmanned air systems, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. The conditions identified and proposed by the Petitioner are drawn from 

References 1-3.
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The FARs

The Petitioner seeks exemption from the above mentioned FARs for the following reasons:

61.113(a) & (b): The Petitioner requests relief in order to facilitate the utilization of pilots, who 

hold a PRIVATE PILOT (or greater) certificate, to act as pilots-in-command (“PIC”) of a UAS. Any pilots 

operating under this exemption would be required to comply with any conditions as set forth and in a 

similar fashion to the previously granted exemptions.

91.119(c): As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted 

closer than 500 feet to the ground may require that the UAS be operated closer than 500 feet to 

essential persons or objects that would not be possible without additional relief. The Petitioner 

requests modification, waiver or exemption, and clarification concerning the terms “congested areas” 

and “densely populated”. The Petitioner requests waiver for this condition to allow reasonable and 

responsible operations in areas of subdivisions and neighborhoods as required.

91.121: As discussed in Exemption 11138 (DOUGLAS TRUDEAU), this FAR is inapplicable 

since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor 

for altitude information.

91.151(a): As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC), prior 

relief has been granted for manned aircraft to operate at less than the prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific relief has been granted in 

Exemption Nos. 8811, 10808, and 10673 for daytime VFR conditions. The UAS provides battery power 

remaining as a percentage to the PIC. The UAS batteries provide approximately 17 minutes of 

powered flight. Information provided in the operating documents discusses procedures regarding 

remaining battery power management. Those documents contain a condition in which the PIC will 

initiate a landing procedure when the battery remaining reaches a specified level. Given the limitations 

on proposed operations and the location of those proposed operations, the FAA found that a reduced 

minimum power reserve for flight in daytime VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b): As discussed in Exemption 

11138 (DOUGLAS TRUDEAU), the Petitioner proposes to inspect and ensure that the UAS is in a 

condition for safe flight in accordance with the operating documents. The FAA found that adherence to 

the Petitioner’s operating documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety 

would not be adversely affected.

The UAS

UAS 1: The DJI Phantom 3 Professional is a highly successful consumer-grade small 

rotorcraft in the quad copter configuration with an advertised weight of less than 2.82 pounds (1280g) 

designed primarily to carry aloft a high-definition camera. It has an advertised maximum speed of less 

than 32 knots (16m/s) and a maximum climb rate of less than 1200 feet per minute (5 m/s). It is 

powered by four electric motors with a distance between motors of less than 24 inches (590mm). It 

utilizes an internal inertial measuring unit (IMU), an integrated barometric sensor, and a global 

positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily 
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July 4, 2015

through an FCC certified radio control (RC) unit. Real-time video and telemetry information is 

transmitted back to a ground control station which allows the operator and/or PIC to monitor battery 

level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and camera angle. It 

has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the 

onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits 

flight times to approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry 

and external lighting cues before reaching a low battery state. An automatic termination of flight and 

landing will be initiated when the battery reaches a predetermined low state. It is anticipated that 

flights will usually last less than 20 Minutes. More information is available in attachment 1 or

http://www.dji.com/product/phantom-3/download.

UAS 2: The DJI S1000 is a highly successful consumer-grade large rotorcraft in the 

octocopter configuration with an advertised weight of less than 24.25 pounds (11kg) designed 

primarily to carry aloft a high-definition camera. It has an advertised maximum speed of less than 40 

knots and a maximum climb rate of less than 1200 feet per minute (5 m/s). It is powered by eight 

electric motors with a distance between motors of less than 39.27 inches (1000mm). It utilizes an 

internal inertial measuring unit (IMU), an integrated barometric sensor, and a global positioning 

system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an 

FCC certified radio control (RC) unit. Real-time video and telemetry information is transmitted back to 

a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal 

strength, altitude (AGL), distance from PIC, camera imagery, and camera angle. It has failsafe modes 

of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller 

and maximum altitude can be pre-programmed by the PIC. Battery life limits flight times to 

approximately 20 minutes. The onboard flight controller will warn the pilot via telemetry and external 

lighting cues before reaching a low battery state. An automatic termination of flight and landing will be 

initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually 

last less than 15 minutes. More information is available in attachment 1 or 

http://www.dji.com/product/spreading-wings-s1000/download.

Risk Mitigation

The Petitioner has reviewed the FAA exemptions in Reference 1-3’s Conditions and Limitations 

sections and believes that the procedures specified therein are reasonable and will be utilized in order 

to manage and mitigate risk and ensure public safety. A preflight checklist will be developed and 

employed to ensure that the UAS airworthiness will be verified before launch. Airworthiness will be 

maintained by performance of routine inspections before each flight and by maintaining flight and 

maintenance logs to record time on failure-prone components.

The Petitioner requests, in a manner similar to Reference 3, allowance to operate within 5 miles of an 

airport provided that: “The UA may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a 

nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is conducted in accordance 

with a NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.” Operations within 5 miles of 

an airport are not anticipated to be routine, but the Petitioner is requesting a mechanism to facilitate 

such activities without requesting new and separate exemption(s) should the need arise. Operations 

within class B airspace are not requested due to the lack of mode C transponder.
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Public Interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact 

as compared to similar operations conducted with manned aircraft of greater proportions which carry a 

crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce could lead to 

economic growth. Operations for this petition will enable service for property owners or their designees 

seeking an enhanced perspective for characteristics, amenities, and benefits of their desired 

photographic subjects that cannot be displayed through ground level videography/photography. Aerial 

photography is a valuable marketing tool that can lead to increased commerce and enhanced personal 

photography. Crop surveying applications could lead to decreased use of pesticides and fertilizer and 

conservation of water as well as increased crop yields and decreased upkeep costs. Aerial surveying 

and inspections can increase work site efficiency, improve volumetric estimations, and reduce human 

risks. The Petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis 

acting as an independent contractor. A visual observer will be utilized. Liability insurance will be 

obtained commensurate with the granting of this request for exemption. Flight data, including UAS 

flight time, Control Unit operation time, incident, accident, and details concerning any deviations from 

normal operations, will be available to FAA for use in collecting data regarding the use of UAS as part 

of this application. This data may be submitted to FAA via traditional means, e.g. COA Monthly 

Reports, or other means as required.

Conclusion

The Petitioner is requesting this exemption for the purposes of “aerial photography, cinematography, 

videography, mapping, crop surveying, inspections and other flight operations”. The reason for such a 

general and broad based request is that the Petitioner wishes to utilize a business strategy of 

horizontal integration and maximize economies of scope in order to capitalize on opportunities as they 

may arise in the future without the long turnaround time associated with additional exemptions. The 

Petitioner's business model is based on the idea of offering ad hoc, small UAS services to individuals 

or companies who wish to employ these services as a safe, effective, and legal option to enhance their 

businesses or hobbies. The Petitioner’s own market research shows pent-up demand for these 

services currently exists in the real estate market, and other markets are just beginning to emerge. 

Although videography and photography are included in the request, the primary objective will be aerial 

survey of farm crops for precision agriculture. The Petitioner has identified universities and other 

agencies that could benefit from the operation requested in this application. A quick internet search will 

show that many are currently operating similar UAS in exactly this fashion without, it is assumed, FAA 

authorization. The Petitioner has refrained from engaging in commercial use of the UAS. The primary 

purpose of seeking this exemption is to obtain the capability to offer those services while remaining in 

compliance. 

Thank you for your consideration. If you have any questions or wish to speak to me further, please do 

not hesitate to contact me. 

Respectfully submitted,

By: /s/ Justin H. Martin
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July 4, 2015

Justin H. Martin

Managing Member & Owner

Sienar Aerial, LLC