1

September 12, 2015

Attn:

U. S. Department of Transportation Docket Operations

We st Building Ground Floor, Room W 12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: Indiana Space Agency, Inc. dba Spaceport Indiana

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE

OF FEDERAL REGULATIONS

SECTIONS 61.113(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 COMMERCI AL OPERATION OF DJI Phantom 3, Typhoon Q 500 4K

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Brian L. Tanner

President The Indiana Space A gency, Inc.

d ba Spaceport Indiana 144 Tracy Ridge Blvd. New Whiteland, Indiana 46184 www.spaceportindiana.com btanner@spaceportindiana.com T: (765) 606 15122 TABLE OF CONTENTS

Page

GLOSSARY OFABBREVIATIONS.........................................................................

........... ..........3

SUMMARY.....................................................................................................................

.............. ..4

I NTRODUCTION AND INTERESTS OF PETITIONER.................................................

......... .. . 4

BACKGROUND...............................................................................................................

............. . 4

BASIS FO PETITI ON....................................................................................................

... .............. 5

NAME AND ADDRESS OF PETITIONER.........................................

.............................. ........... 6

THE SPECIFIC SECTIO NS OF 14 C.F.R. FROM WHICH THE INDIANA SPACE AGENCY

SEEKS EXEMPTION..........

............................................................................. ............................. 7

THE EXTENT OF RELIEF THE INDIANA SPACE AGENCY SEEKS AND THE REASON

THE INDIANA SPACE AGENCY SEEKS THE RELIEF.............................

. ...................... . . . 10

THE REASONS WHY GRANTING THE INDIANA SPACE AGENCY’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ........................................................

............. ......................... 12

THE REASONS WHY GRANTING THE EXEMPTION TO THE INDIANA SPACE

AGENCY WOULD NOT ADVERSELY AFFECT SAFETY..............

........................... ....... .... 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.........

.. .......... ..... . 25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT THE INDIANA SPACE AGENCY’S REQUEST...

....................................... ......... . 25

CONCLUSION.....................................................................

.................. ........................ ............. .. 25

APPENDICES.........................................................................

.... ............... ... .. 263 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airsp ace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4

SUMMARY

Indiana Space Agency, Inc. dba Spaceport Indiana hereafter referred to as Spaceport Indiana seeks exemption from the requirements of 14 C.F.R §§ 61.113(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 System (DJI Phantom 3) and the Typhoon Q 500 4K pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Spaceport

Indiana to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, re sidential and commercial real
estate, civil landscapes , STEM educational opportunities, public service training and events over

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The Spaceport Indiana has for eight years pr ovided its clients (which include private sector

businesses and non

- profits, along with local state and federal agencies , and educational

institutions ) with expertise and knowledge in space, exploration STEM education, and other technologies

. Spaceport Ind iana has worked with thousands of students, employees, educators scientists and agencies in areas of unmanned platforms, rocketry, high altitude ballooning and edge of space activities without incident since 2008. The objective of Spaceport Indiana and our Unmanned Aircraft System (s) (DJI Phantom 3 , Typhoon Q 500 4K ) aerial operations is to provide a more affordable, high

- quality system for a variety of governmental, commercial, public, and residential uses, specifically targeting

• Construction sites b efore and after • Appraisals • Real

- estate marketing • Economic development • Civic landmarks • Special event coverage • Private and governmental training

• Educational training and workforce development

My staff has safely flown small RC electric quad copters and fixed wing aircraft recreationally for approximately 8 years without incident and developed a Net

- Centric, heterogeneous autonomous capability for platforms in assistance with DoD.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Typhoon Q 500 4K , UAS

Spaceport Indiana seeks an exemption to operate DJI Phantom 3 and Typhoon Q 500 4K system s for compensation or hire within the NAS. The DJI Phantom 3 and Typhoon Q 500 4K are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flyin g height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors . The5

Typhoon is a similar platform with similar performance. The DJI Phantom 3 and Typhoon Q 500

4K that will be operated by Sp aceport Indiana will be registered in accordance with 49 U.S.C.
44103, Registration of Aircraft , 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, Spaceport Indiana , pursuant to the provisions of the Federal Aviation Regulations (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 , hereby pe titions the Administrator to commercially operate the DJI Phantom 3, and Typhoon Q 500 4K UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(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).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Spaceport Indiana operation of DJI Phantom 3 and Typhoon Q 500 4K UAS meet t he 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, Spaceport Indiana requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), an d 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Spaceport Indiana submits that the requested relief is proper since an equivalent level of safety

will be ensured. S paceport Indiana 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 l og, and DJI

Phantom 3 and Typhoon Q 500 4K Instruction Manual). Furthermore, Spaceport Indiana will

document and maintain all maintenance records for the DJI Phantom 3 UAS and Typhoon Q 500

4K

. The Administrator has held the position of Accountable Manager of an FAA Repair Station (Air Agency Certificate) for American Aviation Company in Peru Indiana.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by Spacepor t Indiana to the extent necessary to
waive a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an

airman medical certificate requirement; however, all PICs of platforms shall have completed an FAA approved Ground School and have received training in the flight of aforementioned UAS(s) and achieved proficiency through Spaceport Indiana’s developed program.

Spaceport Indiana seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because

the DJI Phantom 3 and Typhoon Q 500 4K UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Spaceport Indiana submits that they will

ensure that the DJI Phantom 3 and Typhoon Q 500 4K UAS are in an airworthy condition, prior6

to every flight, by determining that the UAS (s) are in compliance with the operational

documents

. Spaceport Indiana also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI P hantom 3 and Typhoon Q 500 4K UAS will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 and Typhoon Q 500 4K UAS will be provided to the PIC via Global Positioning System (GPS) equipment and

radio communic ations telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Spaceport Indiana’ s operation of the DJI Phantom 3 and Typhoon Q 500 4K UAS within visual line of sight, a t or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Spaceport Indiana seeks an exemption from the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions

. Spaceport Indiana submits that safety will not be affected by operation of the DJI Phantom 3 or Typhoon Q 500 4K UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of ap proximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Spaceport Indiana provides the following information in support of its petition for exemption:

A. Name a nd Address o f t he Petitioner.

The name and address of the Petitioner and point of contact is:

Brian Tanner

President The Indiana Space Agency, Inc. dba Spaceport Indiana 144 Tracy Ridge Blvd.
New Whiteland, Indiana 46184 T: (765) 606 15127

B. The Specific Sections o f 14 C.F.R. From Which Spaceport Indiana Seeks Exemption.

1. Spaceport Indiana Seeks Exemption f rom The Requirements Of Section 61.113(a)

a nd (b).

Section 61.113, 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 (PIC) of

an aircraft that is carrying passengers or property 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 any business or empl oyment 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. Spaceport Indiana Seeks Exemption from t he Requirements o f Section 91.7(a).

Section 91.7, entitled Civil Aircraft A irworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Spaceport Indiana Seeks Exemption f rom t he Requirements 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 altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that i s 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.8

4. Spaceport Indiana Seeks Exemption from the Requirements o f Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there 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. Spaceport Indiana Seeks Exempti on from the Requirement o f Section 91.405(a).

Section 91.405, entitled Maintenance required , 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. Spaceport Indiana Seeks Exemption from the Requirements o f 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 aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter
[.]

7. Spaceport Indiana Seeks Exemption from the Requirements o f 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 chap ter and has been approved for return to service by 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

.9

8. Spaceport Indiana Seeks Exemption f rom t he Requirements o f Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 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, propeller, 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 certificate 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 o n a specified time basis. (iv) The current 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 safety directives including, for each, the method of compliance, the AD or safety directive number and rev ision date. If the AD or safety

directive involves recurring action, the time and date when the next action is requ ired. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for

each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.10 (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 by other work or for 1 year after

the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be

retained 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 §

43.11 of this chapter shall be retained until the defects are repaired and the aircraft

is approved for return to service.

C. The Extent o f Relief Spaceport Indiana Seeks and t he Reason Spaceport Indiana Seeks

t he Relief.

1. Extent o f Relief Spaceport Indiana Seeks a nd t he Reason Spaceport Indiana Seeks Relief from Section 61.113(a) a nd (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command , is requested to the extent necessary to waive the requirement that a PIC 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, is required to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Se ction 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not ca rry passengers or property for compensation or hire.

As set forth more fully below, Spaceport Indiana submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 or Typhoon Q 500

4K UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating

that the PIC is able to safely operate either the DJI Phantom 3 or Typhoon Q 500 4K UAS in a

manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Spaceport Indiana submits that all flights of the DJI Phantom 3 or Typhoon Q 500 4K
UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The Spaceport Indiana’s business; and (2) will not carry passengers or property for compensation or

hire.11

2. Extent o f Relief Spaceport Indiana Seeks a nd t he Reason Spaceport I ndiana

Seeks Relief f

rom Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Spaceport Indiana to determine that the DJI Phantom 3 and Typhoon Q 500 4K

UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance

with the operating documents (i.e., the Spaceport Indiana Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Spaceport Indiana seeks the requested relief because the DJI Phantom 3 and Typhoon Q 500 4K UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Spaceport

Indiana will ensure that the DJI Phantom 3 and Typhoon Q 500 4K UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, Typhoon Q 500 4K and DJI Phantom 3) prior to every flight, and further, determine that the

aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent o f Relief Spaceport Indiana Seeks a nd t he Reason Spaceport Indiana

Seeks Relief f

rom Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 and Typhoon Q 500 4K UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Spaceport Indiana seeks the requested relief

because the DJI Phantom 3 and Typhoon Q 500 4K UA S ’s alt imeter 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, relief from 14 CFR 91.121 is sought to the extent necessary to c omply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI

Phantom 3 and Typhoon Q 500 4K UAS are equipped with a barometric pressure sensor and GPS equi

pment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provide the PIC with altitude information of the UA on the

heads

- up display of the GCS.

4. Extent o f Relief Spaceport Indiana Seeks and t he Reason Spaceport Indiana

Seeks Relie f f

rom 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 DJI Phantom 3 and Typhoon Q 500 4K UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. Spaceport Indiana seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration

of the battery powered DJI Phantom 3 and Typhoon Q 500 4K UAS will severely constrain the12

practicality of any aerial video or still photo flight operations that Spaceport Indiana proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical speci fications of each UAS’s operating
documents, and Spaceport Indiana’s proposed operating limitations, ensure that Spaceport

Indiana will safely operate the battery powered DJI Phantom 3 and Typhoon Q 500 4K UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes.

5. Extent o f Relief Spaceport Indiana Seeks a nd t he Reason Spaceport Indiana

Seeks Relief f

rom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 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 apply to aircraft with an airworthiness certificate, Spaceport Indiana requests relief fr om these Sections

because the DJI Phantom 3 and Typhoon Q 500 4K UAS do not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 3 and Typhoon Q 500 4K UAS meet

the conditions of FMRA Section 333 for operation without an airwo rthiness certificate. Accordingly, Spaceport Indiana will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed

in the UAS (s) operating documents (i.e., the Spaceport Indiana Aerial Operations Manual, Monthly Maintenance Log, Typhoon Q 500 4K and DJI Phantom 3 Instruction Manual). Furthermore, Spaceport Indiana will document and maintain all maintenance records for the DJI

Phantom 3 and Typhoon Q 500 4K UAS.

D. The Reasons Why Granting Spaceport Indiana’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Spaceport Indiana to safely, efficiently, and economically conduct aerial video and photography of construction sites,

residential and commercial real estate, civil landscapes , STEM educational opportunities, public service training and events over certain areas of the United States. Additionally, use of the DJI

Phantom 3 and Typhoon Q 500 4K UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Spaceport Indiana’s proposed operation of the DJI Phan tom 3 and Typhoon Q 500 4K UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 and Typhoon Q 500 4K UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 and Typhoon Q 500 4K UAS would reduce the13

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion

arou nd airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 and Typhoon Q 500 4K UAS do not require an airport to takeoff 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 traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From the Safety and Effi ciency of the DJI Phantom 3

UAS and Typhoon Q 500 4K

Conducting aerial acquisitions with the DJI Phantom 3 and Typhoon Q 500 4K UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and photography of construction sites,

residential and commercial real estate, civil landscapes , STEM educational opportunities, public service training and events over certain areas of the United States.

By using battery power and electric m otors, the DJI Phantom 3 UAS produce no air pollution,

and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography,

while bur ning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 and Typhoon Q 500 4K UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually associated with

traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI

Phantom 3 and Typhoon Q 500 4K UAS have less physical potential for collateral damage to life

and property on the ground, and in the air, compared to the manned aircraft that typically

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations with the DJI Phantom 3

and Typhoon Q 500 4K UAS Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 and Typhoon Q 500 4K UAS are also

an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 and Typhoon Q 500 4K UAS will allow United States based companies, like Spaceport Indiana , to remain competitive and contribute to growth of the U.S. economy. Specifical ly, with the rising cost of aviation fuel and the Environmental Protection14

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Oper ating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 and Typhoon Q 500 4K UAS, companies such as Spaceport

Indiana , can remain competitive and profitable, and therefore, provide greater job stability to employees 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 DJI Phantom

3 and Typhoon Q 500 4K UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and all ows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Spac eport Indiana’s proposed operation of the DJI Phantom 3 and Typhoon Q 500 4K UAS will

not implicate any privacy issues. Specifically, the DJI Phantom 3 and Typhoon Q 500 4K UAS will be operated only in compliance with operating documents (i.e., Spaceport I ndiana’s Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and Typhoon Q 500 4K Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting t he Exemption Would Not Adversely Affect Safety, Or h ow the Exemption Would Provide a Level Of Safety At Least Equal To That Provided b y The

Rule F rom Which Spaceport Indiana Seeks Exemption.

1. Reasons Why t he DJI Phantom 3 and Typhoon Q 500 4K UAS Meet the

Conditions of the FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Spaceport Indiana’s operation of the DJI

Phantom 3 and Typhoon Q 500 4K UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance wit h 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 hazard 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 requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of Transporta tion shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan15 and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability , proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determi nes under

this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this e xemption, Spaceport Indiana submits that the DJI Phantom 3 and Typhoon Q

500 4K UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 and Typhoon Q 500 4K UAS; (b) the pilot

certifi cation requirement; and (c) the specific operating limitations.

a. The Specifications o f the DJI Phantom 3 and Typhoon Q 500 4K UAS

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and Typhoon Q 500 4K 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. Technical Specifications o f the DJI Phantom 3 and Typhoon Q 500 4K

UAS. The technical specifications of the DJI Phantom 3 and Typhoon Q 500 4K UAS are set forth by

the DJI Phantom 3 User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 and Typhoon Q 500 4K UAS Global Posi tioning

Modes Enable the UAS to Remain within a Defined Operational Area.

The DJI Phantom 3 and Typhoon Q 500 4K UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 3 and Typhoon Q 500 4K UAS is provided and attached hereto as Appendix A.

iii. The DJI Phantom 3 and Typhoon Q 500 4K UAS Are Designed For

Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.16

When the Control Link is lost, the DJI Phantom 3 and Typhoon Q 500 4K UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 or Typhoon Q

500 4K UAS do not reacquire control link data from the GCS, the UAS will assume that the

Control Link is lost and the wi ll return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 and Typhoon Q 500 4K

UAS are set forth in pages 12 through 14 of the DJI Phantom 3 User Manual and pages xx

- xx of the Typhoon Q 500 4K manual attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS and Typhoon Q 500 4K and their Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and the Typhoon Q 500 4K flight control software is provided at pages 23 through 29 o f the DJI Phantom 3 User Manual and pages xx

- xx of the Typhoon Q 500 4K manual. Both DJI

Phantom 3 and Typhoon Q 500 4K User Manual s are attached hereto as Appendix A.

b. Flight Operations o f DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Spaceport Indiana qualified staff will be the only persons to act as a pilot in command (PIC) of

the DJI Phantom 3 or Typhoon Q 500 4K UAS. Additionally, a safety observer will assist him at

all times during flight time.

c. Flights Of DJI Phantom 3 and Typhoon Q 500 4K UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Spaceport Indiana proposes to commercially operate DJI Phantom 3 and Typhoon Q 500 4K UAS for the special purpose of conducting aerial video , educational training, Homeland Security support, public services agency support, comm ercial industry

support and photography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less

than 55 pounds maximum gross weight: DJI Phantom 3 and Typhoon Q 500 4K Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS opera

tions under this exemption will be limited to conducting operations for the purpose

of for the commercial purpose of conducting aerial video and photography of construction sites,

residential and commercial real estate, civil landscapes , STEM educational o pportunities, public service training and events over certain areas of the United States.

. 3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.17 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 by ATC. All altitudes reported to ATC must be in

feet AGL. 5. The UAS 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. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted

. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The

SO 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 her designation for the duration of the flight. The PIC 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 PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The o perating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedur es outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may upd ate or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator 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 affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UA S Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveal s 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. The Ground Control Station must be included in the preflight inspection. All

maintenance and alterations must be properly documented in the aircraft records. 11. 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. The PIC who conducts the functional test flight must make an entry in the aircraft records.18 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, i tems, or equipment, not already 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 opera

tor must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the
aircraft records, in cluding total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS 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 discrepancies discovered between inspections.

17. The PIC must complete an FAA approved Ground School and Spaceport Indiana Training Program (including hands on flight t r aining) 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, inc luding 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 trainin g the operator’s PICs are permitted under the terms of the exemption. However, training operations may only 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 PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14

C.F.R. 1.1.All operation s must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office

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 FAA

- published aeronautical chart unless the operation is

conducted in accordance with a NOTAM as required by the operator’s COA. 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 PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC 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 point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to

the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraf

t 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 prac ticable. 27. 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.

28. The documents r equired 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 any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or deb ris 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, flight 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 PIC has made a safety assessment of the risk of operating closer to thos e objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over privat e 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 conducted. 33. 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 reported to the Nat ional Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) Would Not Adversely Affect Safety.

Spaceport Indiana submits that the e quivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 or Typhoon Q 500 4K UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and

currency requirem ents, that the PIC is able to safely operate the DJI Phantom 3 or Typhoon Q

500 4K UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Spaceport Indiana’s proposed area of operations, and the operating limitations set

forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 and Typhoon Q 500 4K UAS, Spaceport Indiana submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills neces sary for Spaceport Indiana’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to
UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062 , 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,
11150, 11153, 11156, 11158, 11159, 11160, 11161).

Spaceport Indiana will not allow any PIC to operate the DJI Phantom 3 or Typhoon Q 500 4K

UAS unless that PIC has demonstrated , by meeting minimum flight

- hour requirements or the DJI

Phantom 3 or Typhoon Q 500 4K UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or Typhoon Q 500 4K UAS in a manner consistent with this exemption, incl uding 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 UAS21

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 PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Spaceport Indiana’ s 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. 11062, the FAA 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 pilot including at least 10 hours log ged as a UAS pilot with a

multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC 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 exempti on. For clarification,

the FAA 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 included in the total 25 hours of UA S rotorcraft time. In addition to

the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding

90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency

in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA

also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requ irement. Training, proficiency, and experience

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

building flights the PIC is required to operate the UA w ith appropriate distances in

accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15

.

Accordingly, Spaceport Indiana will ensure safe operations by not allowing any PIC to operate
the DJI Phantom 3 or Typhoon Q 500 4K UAS unless that PIC has demonstrated, by meeting

minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 or Typhoon Q 500 4K UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining ap propriate distances from people, vessels,

vehicles and structures.22

2. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Spaceport Indiana will ensure that the DJI Phantom 3 and Typhoon Q 500 4K UAS

is in an airworthy condition based upon the UAS’s compliance with its operating documents and

as stated in the conditions and limitations herein. A dditionally, the FAA 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. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112 , 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why an Exemption from the Requirements of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 3 and Typhoon Q 500 4K UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from

the UA to the GCS for active monitoring of the flig ht path and altitude. This altitude information,

combined with Spaceport Indiana’s operation of the DJI Phantom 3 and Typhoon Q 500 4K UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Th e altitude information will be generated by GPS equipment

installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section

91. 121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112,
11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 and Typhoon Q 500 4K UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Spaceport Indiana w ill ensure that it will safely operate the battery powered DJI Phantom 3 and Typhoon Q 500 4K UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 and Typhoon Q 500 4K UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 and Typhoon Q 500

4K UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences23

low battery voltage, the first warning occurring at approximately 33% remaining battery power,

and again at approximately 10% remaining battery power. At the critically low battery level, the

DJI Phantom 3 and Typhoon Q 500 4K UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establ ish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemp tion Nos. 2689, 5745, and 10650.

Moreover, the FAA 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.
8811, 10808, 10673, 11042, 11062, 1106 3, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why an Exemption from the Requirements of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Wo uld Not Adversely Affect Safety.

In seeking this exemption, Spaceport Indiana submits that the equivalent level of safety 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 Spaceport Indiana will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i. e., Spaceport Indiana Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Spaceport Indiana will document and

maintain all maintenance records for the DJI Phantom 3 and Typhoon Q 500 4K UAS. Since the

DJI Phantom 3 and Typhoon Q 500 4K UAS will be inspected as prescribed by the operating
documents, Spaceport Indiana will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 and Typhoon Q

500 4K User Ma nuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 and Typhoon Q 500 4K UAS Maintenance LOG are attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because Spacepo rt Indiana will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 and Typhoon Q 500 4K UAS will be performed by trained technicians. Maintenance will be

documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and op erating limitations of the UAS are considered.24

In consideration of Spaceport Indiana’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 and Typhoon Q 500 4K UAS, Spaceport Indiana submits that safety will not be adversely affected by 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 FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,
11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions f or Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 e ntitled Special Conditions, Spaceport Indiana requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 a nd Typhoon Q 500

4K UAS, which contain such safety standards that the Administrator finds necessary to establish

a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(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 UAS for the limited

purpose of conducting aerial video and photography of construction sites, residential and

commercial real es tate, civil landscapes , STEM educational opportunities, public service training

and events 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; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe opera tion of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 and Typhoon Q 500 4K 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. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain

a dequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 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 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regula tions. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 and Typhoon Q 500 4K UAS, which contain such safety sta ndards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(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).25 • A Summary that can be published In the Federal Register, stating: The

Rules from Which Spaceport Indiana Seeks Exemption:

Spaceport Indiana seeks exemption from the requirements of 14 C.F.R Sections 61.113(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 Nature of the Exemption Spaceport Indiana Seeks:

This exemption will permit Spaceport Indiana to commercially operate an Unmanned Aircraft System ( UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, or Arguments Available To Support Spaceport Indiana’s Request.

This Petition is made pursuant to the FAA Moderni zation and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Spaceport Indiana’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, 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 poses a threat to national security; and further, provid es the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Spaceport Indiana will operate the DJI Phantom 3 and Typhoon Q 500

4K UAS safely in the NAS, without creating a hazard to users of the NAS, or the p ublic, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Spaceport Indiana seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

oper ation of the DJI Phantom 3 and Typhoon Q 500 4K UAS commercially, without an

airworthiness certificate, for the limited purpose of conducting aerial video and photography

, STEM education and training, Homeland Security support, and public agency training o ver certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while

also advancing the interests of the public, by allowing Spaceport I ndiana to safely, efficiently, and economically operate the DJI Phantom 3 and Typhoon Q 500 4K UAS commercially within

the NAS.26

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Spaceport Indiana respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(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), and permit Leading Edge to operate the DJI Phantom 3 and Typhoon Q 500 4K UAS commercially for the purpose of conducting aerial video and photography

, STEM education and training, Homeland Security suppor t, and public agency training over certain areas of the United States.

Respectfully submitted,

Brian L. Tanner

President The Indiana Space Agency Inc. dba Spaceport Indiana 144 Tracy Ridge Blvd.
New Whiteland, Indiana 46184 www.spaceportindiana.com btanner@spaceportindiana.com T: (765) 606 1512

Appendices:

A

– Link to DJI Phantom 3 Manual: Click on link below http://download.djiinnovations. com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

Typhoon Q 500 4K Manual: Click on link below

http://yuneec.com/supp ort/download/manuals/q500_4k_user_manual.pdf