UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. __________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

iNDi

LLC

FOR AN EXEMPTION SEEKING RELIEF 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 COMMERCIAL

OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

(PUBLIC LAW 112­95)

Submitted on December 10, 2015

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Nicholas R. Davis

545 Harrison Street #2

Kansas City, MO 64106

Email: nidavis@gmail.com

TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS...................................................3

SUMMARY..................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER.........................5

BACKGROUND............................................................................6

BASIS FOR PETITION...................................................................6

NAME AND ADDRESS OF PETITIONER..........................................9

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH INDI SEEKS

EXEMPTION.............................................10

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THE EXTENT OF RELIEF INDI LLC SEEKS AND THE REASON INDI

SEEKS THE RELIEF..........................15

THE REASONS WHY GRANTING INDI LLC’S REQUEST WOULD BE IN

THE PUBLIC INTEREST...........................................20

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY......................................................24

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL

REGISTER..................................................................................46

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT INDI LLC’S REQUEST......47

CONCLUSION.............................................................................48

APPENDICES..............................................................................50

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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 Certification of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

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NAS National Airspace 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 Landing

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SUMMARY

Nicholas R. Davis 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 pursuant to

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

exemption will permit iNDi LLC to operate an Unmanned Aircraft System (UAS)

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

real estate, special events, film sets, and landscape over certain areas of the United

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

iNDi LLC provides its clients with the highest quality digital use in their

commercial, personal, and non­profit multimedia projects. Seeking to establish

itself as a technological innovator in experimental multimedia to provide a quality

product. iNDi LLC has over 2 years of hobby experience in all aspects of aerial

video and photography. The objective of iNDi LLC aerial video and photography

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operations is to provide high quality imaging for a variety of commercial, public,

and residential uses, specifically targeting:

● Aerial event photography

● Aerial event filming

● Film production

● Aerial location scouting and safety inspection

● Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND

iNDi LLC seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 is a vertical (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

3 pounds, while having a length of 16 inches, width of 16 inches,height of 8

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inches, and a maximum speed of 29 knots. The DJI Phantom 3 UA is equipped

with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 UA that will be operated by iNDi LLC 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, iNDi LLC, 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 petitions the Administrator to commercially operate the DJI Phantom 3

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 operation area

associated with the unmanned aircraft and its operation, iNDi LLC operation of

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DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore,

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

Subpart H.

Accordingly, iNDi LLC requests relief from the sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

iNDi LLC submits that the request relief is proper since an equivalent level

of safety will be ensured. iNDi LLC will use experienced personnel or technicians

to perform maintenance, alterations, or preventative maintenance on the UASs

using the methods, techniques, and practices prescribed in the operating

documents, (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual). Furthermore, J.T.Skytogtapy LLC will document and maintain all

maintenance records for the DJI Phantom 3.

Relief from certain requirements of Section 61.113 (a) and (b) entitled

Private pilot privileges and limitations: Pilot in command, is requested by iNDi

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LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private

pilot or higher level certificate, as well as an airman medical certificate, and who

has demonstrated, by meeting minimum flight­ hour and currency requirements,

that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles, and structures.

iNDi LLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness

certificate in accordance with 14 C.F.R Part 21, Subpart H. As such, iNDi LLC

submits that it will ensure that the DJI Phantom 3 UAS are in an airworthy

condition, prior to every flight, by determining that the UASs are in compliance

with the operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual), and that the aircraft are in a condition safe for flight.

iNDi LLC also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3

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UA will be provided to the PIC via Global Positioning System (GPS) equipment

and radio communications telemetry data link, which downlinks from the UA to

the GCS for active monitoring of the flight path. This altitude information,

combined with iNDi LLC’s operation of the DJI Phantom 3 UAS within visual line

of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to

Section 91.121.

Additionally, iNDi LLC seeks an exemption from the requirements of

Section 91.151(b) entitled Fuel requirements for flight in VFR conditions. iNDi

LLC submits that safety will not be affected by operation of the DJI Phantom 3 UA

during daylight hours in visual meteorological conditions (VMC) under visual

flight rules (VFR), with enough battery power to fly for a total duration of

approximately 13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, iNDi LLC provides the following

information in support of its petition for exemption:

A. Name and Address of the Petitioner

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

Nicholas R. Davis

545 Harrison St. #2

Kansas City, MO 64106

Email: nidavis@gmail.com

B. The specific Sections of 14 C.F.R. From Which iNDi LLC Seeks Exemption

1. iNDi LLC Seeks Exemption From the Requirements Of Section

61.113(a) And (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 employment ifPage

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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. iNDi LLC Seeks Exemption From The Requirements Of Section 91.7(a)

Section 91.7, entitled Civil aircraft worthiness, subsection (a), states the following:

a. No person may operate a civil aircraft unless it is in an airworthy condition.

3. iNDi LLC Seeks Exemption From The 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 of flight

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating­­

1. Below 18,000 feet MSL, to­­

(i) The current reported altimeter setting of a station along the route and

within nautical miles of the aircraft;

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(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate available

station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before departure.

4. iNDi LLC Seeks Exemption from the Requirements of 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. iNDi LLC Seeks Exemption from the Requirements of Section 91.405(a)

Section 91.405, entitled Maintenance required, subsection (a) states the following:

Each owner or operator of an aircraftPage

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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. iNDi LLC Seeks Exemption from the Requirements of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

a. No person may operate any 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. iNDi LLC Seeks Exemption from the Requirements of Sections 91.409(a)(1)

and 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

a. Except as provided in paragraph (c) of this section, no person may operate

an aircraft unless, within the preceding 12 calendar months it has had­­­

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1. An annual inspection in accordance with part 43 of this chapter 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.

8. iNDi LLC Seeks Exemption from the Requirements of 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 §§ 91.417 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, preventative maintenance, and alteration and

records of the 100­hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and

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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 life­limited parts of each airframe, each engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

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(iv) The current inspection status of the aircraft, including the time since the

last inspection required by the inspection 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 revision date. If the AD or safety directive involves recurring

action, the time and date when the next action is required.

(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.

(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 for the 1 year after

the work is performed.

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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 of Relief iNDi LLC Seeks and the Reason iNDi LLC Seeks the

Relief.

1. Extent of Relief iNDi LLC Seeks and the Reason iNDi LLC Seeks Relief

from Section 61.113(a) and (b).

Relief from Section 61.113 (a) and (b) entitiled Private pilot priveleges and

limitations: Pilot in command, is requested to the extent necessary to allow a PIC

holding a private pilot or higher level certificate, and who has met certain

flight­hour and currency requirements, to conduct the proposed UAS flight

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a)

and (b) state that a private pilot may, for compensation or hire, act as PIC of an

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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 carry

passengers or property for compensation or hire.

As set forth more fully below, iNDi LLC submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 UAS UA unless that PIC has met certain flight­hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI

Phantom 3 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, iNDi LLC submits that all flights of the DJI Phantom UAS,

conducted by the PIC pursuant to the grant of this petition: (1) will be incidental to

iNDi LLC business; and (2) will not carry passengers or property for compensation

or hire.

2. Extent of Relief iNDi LLC Seeks and iNDi LLC Seeks Relief from

Section 91.7(a).

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Relief from Section 91.7(a) entitled Civil Aircraft Worthiness, is requested

to the extent required to allow iNDi LLC to determine that the DJI Phantom 3 UAS

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

compliance with the operating documents (i.e, the iNDi LLC Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

iNDi LLC seeks the requested relief because the DJI Phantom 3 UAS does

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

Subpart H. Therefore, iNDi LLC will ensure that the DJI Phantom 3 UAS are in

airworthy condition based upon its compliance with the operating documents (i.e.

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) 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 of Relief iNDi LLC Seeks and the Reason iNDi LLC Seeks

Relief from Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to

allow flight operations of the DJI Phantom 3, which utilize a barometric pressure

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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) iNDi LLC seeks the requested relief because the DJI Phantom 3 UA’s

altimeter may be set on the ground 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 comply 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 UAs are

equipped with a barometric pressure sensor and GPS equipment, which

automatically ensures that a ground level pressure setting will be established prior

to each flight, and provides the PIC with altitude information of the US on the

heads­up display of the GCS.

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4. Extent of Relief iNDi LLC Seeks and the iNDi Relief from 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 UAs during daylight hours in a visual meteorological

conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5

minutes to the first point of intended landing and, assuming normal cruising speed,

to fly after that for at least 4.5 minutes. iNDi LLC seeks the requested relief

because without an exemption from section 91.151(b), the flight time duration of

the battery powered DJI Phantom 3 UA will severely constrain the practicality of

any aerial video or still photo flight operations that iNDi proposes to conduct

pursuant to the petition.

Significantly, as set forth below, the technical specifications of the DJI

Phantom 3 UAS, the DJI Phantom 3 operating documents, and iNDi LLC’s

proposed operating limitations, ensure that iNDi LLC will safely the battery

powered DJI Phantom 3 UAs during daylight hours in visual meteorological

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conditions (VMC), under visual flight rules (VFR), with enough battery power to

fly for a total duration of 13.5 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent of Relief iNDi LLC Seeks and iNDi LLC Seeks Relief from

Sections 9.1405(a), 91.407(a)(1), 91.409(a)(1), and 91.417 (a) & (b).

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

only apply to aircraft with an airworthiness certificate, iNDi LLC requests relief

from these sections because the DJI Phantom 3 UAS does not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the

conditions of FMRA Section 333 for operation without an airworthiness certificate.

Accordingly, iNDi LLC will use trained technicians to maintenance, alterations, or

preventative maintenance on the UASs using the methods, techniques, and

practices prescribed in the UAS operating documents (i.e., the iNDi LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual). Furthermore, iNDi LLC will document maintenance records for the DJI

Phantom 3 UAS.

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D. The Reasons Why Granting iNDi LLC 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

iNDi to safely, efficiently, and economically perform aerial video and photography

of special events, film sets, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestions of

the NAS, reduce pollution, and provide significant benefits to the economy.

Notably, the benefits of iNDi LLC’s proposed operation of the DJI Phantom UAS

will be realized without implicating any private issues.

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

The DJI Phantom 3 UA 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 UAS would

reduce the 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.

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

NAS, congestion around airports caused by arriving and departing aircraft will be

reduced. The DJI Phantom 3 UA do not require an airport to take off 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, take off, departure, arrival, and landing phases of flight

operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 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 still

photography flight operations. By using battery power and electric motors, 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 burning

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approximately 20­30 gallons per hour of leaded aviation fuel. The DJI Phantom 3

UA, 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 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 UA (weighing approximately 3 lbs

and with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and

17.7 inches respectively, and with no fuel onboard), has 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 fuel capacity of 180 gallons)

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3. Performing Aerial Video and Photography Operation With The DJI

Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 is also an

economical alternative to using manned aircraft to conduct similar aerial

operations. As such, operation of the DJI Phantom 3 UAS will allow United States

based companies like iNDi LLC, to remain competitive and contribute to growth of

the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (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. Operating 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 UAS, companies such as iNDi LLC, 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.

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economy. Improved financial performance of U.S. companies, through commercial

use of the DJI Phantom 3, provides a stable workforce that increases consumer

spending; improves local, state, and federal tax revenues; and allows companies to

invest in research and development in order to remain competitive both in the

United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been

conducted for decades, iNDi LLC proposed operation of the DJI Phantom 3 UAS

will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be

operated only in compliance with operating documents (i.e., the iNDi LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual) which requires property owner involvement as well as local law

enforcement notification, and in accordance with Federal Aviation Regulations,

including the minimum altitude requirements of 14 C.F.R. § 91.119

E. The Reasons Why Granting The Exemption Would Not Adversely Affect

Safety, Or How The Exemption Would Provide A Level Of Safety At Least

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Equal To That Provided By The Rule From Which iNDi LLC Seeks

Exemption.

1. Reasons Why Granting The DJI Phantom 3 UA 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, iNDi LLC operation

of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and

will not require and airworthiness certificate in accordance with 14 C.F.R.

PArt 21, Subpart H.

Section 333 provides authority for a UAS to operate without

airworthiness certification and sets forth requirements for considering

whether as 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:

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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

Transportation shall determine if certain unmanned aircraft systems may operate

safely in the national airspace system before completion of the plan and

rulemaking required by section 332 of this Act or the guidance required by section

334 of this Act.

b. Assessment of Unmanned Aircraft Systems­­In making the determination

under section (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

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for the operation of unmanned aircraft systems identified under paragraph

1.

c. Requirements for Safe Operation­­ If the Secretary determines under this

section that certain unmanned aircraft systems may not operate safely in the

national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the nation airspace system.

In seeking this exemption, iNDi LLC submits that the DJI Phantom 3 UAS

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by

(a) the characteristics of the DJI Phantom 3 UAS, (b), the pilot certification

requirement, and (c), the specific operation limitations.

a. The Specifications of the DJI Phantom 3 UAS Demonstrate its Safe

Characteristics.

The DJI Phantom 3 UAS does 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 Of the DJI Phantom 3 UAS.

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The technical specifications of the DJI Phantom 3 UAS is set forth by the

DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 3 UAS autonomous Flight And Navigation

Modes Enable The UAS to Remain Within a Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and

navigational modes of the DJI Phantom 3 is provided at pages 25­35 of the

DJI Phantom 3 User Manual, attached here as Exhibit B.

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return

To Home Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.

When the Control Link is lost, the DJI Phantom 3 UA will remain stationary,

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not

reacquire control link data from the GCS, the UA will assume that the Control

Link is lost and the UA will return to the home position. (i.e., failsafe mode) via

GPS, and will descend to the takeoff position and shutdown.

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A complete description of the Failsafe Functions of the DJI Phantom 3 UAS

are set forth at pages 27 through 29 of the DJI Phantom 3 User Manual, attached

hereto as B.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 GCS and flight control software is provided at pages 32 through 43 of

the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as

exhibit B.

b. Flight Operations Of DJI Phantom 3 UAS Are Limited Yo The

Line Of Sight Of A Certified Pilot in Command With A Safety Observer.

iNDi LLC will only utilize certificated pilots who possess a valid airman

medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 UAS.

Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To

Specific Operating Limitations.

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In seeking this exemption, proposes to commercially operate DJI Phantom 3

UAS for the special purpose of conducting aerial video and photography over

certain areas of the 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 UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 3

Unmanned Aircraft System. Proposed operations of any other aircraft will

require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting

operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 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.

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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

FAA­issues 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. 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

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obstacles/obstructions and is not permitted to operate the camera or other

instruments.

9. The operating documents and the grant of exemption must be accessible

during UAS operations and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations

contained in the grant of exemption and the procedures outlined in the

operating documents, the conditions and limitations contained in the grant of

exemption take precedence and must be followed. Otherwise, the operator

must follow the procedures as outlined in its operating documents. The

operator may update or revise its operating documents. It is the operator’s

responsibility to track such revisions and present updated and revised

documents to the Administrator upon request. The operator must also

present updated and revised documents if its 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

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exemption. The FAA’s UAS Integration Office (AFS­80) 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 reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. 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 in flight. The PIC who conducts

the functional test in flight must make an entry in the aircraft records.

12.The pre­flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, equipment, not already covered in the

relevant sections of the operating documents.

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13.The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14.The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts

must be noted in the aircraft records, including total time in service,

description of work accomplished, and the signature of the 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 possess at least a private pilot certificate and at least a current

third­class medical certificate.

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18.The operator may not permit any PIC to operate unless the PIC meets the

operators 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, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles, and structures. PIC

qualification flight hours must be logged in a manner consistent with 14

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs

are permitted under the terms of exemption. However, training operations

may only be conducted during dedicated training sessions. During training,

proficiency, and experience­building 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 operations must be conducted under visual meteorological

conditions (VMC). If flight at night is required, a special request will be

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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 FAA­published 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.

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 operating documents.

23.The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

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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 aircraft operated in accordance with the exemption must be identified

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N­Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

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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 required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS 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:

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a. Barriers or structures are present that sufficiently protect non participating

persons from the UA and/or debris in the event of an accident. The operator must

ensure that non participating persons remain under such protection. If a situation

arises where non participating 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 those

objects and determined that it does not present an undue hazard and;

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 private or controlled­access

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.

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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 (AFS­80) within 24 hours.

Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB wesbite: www.ntsb.gov .

2. Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.

iNDi LLC submits that the equivalent 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 UAS unless that PIC has demonstrated, by meeting minimum

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

Phantom 3 UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles, and structures.

Considering iNDi LLC proposed area of operations, and the limitations set

forth­above; the parallel nature of private pilot aeronautical knowledge

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requirements to those of commercial pilot requirements (See exemption No.

11062); and the airmanship skills necessary to safely operate the DJI Phantom 3

UAS, iNDi LLC submits that the additional manned airmanship experience of a

commercially certified pilot would not correlate to the airmanship skills necessary

for iNDi LLC 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).

iNDi LLC will not allow any PIC to operate the DJI Phantom 3 UAS unless

that PIC has demonstrated, by meeting minimum flight­hour requirements or the

DJI Phantom 3 UAS training and currency requirements, that the PIC is able to

safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles, and structures.

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Specifically, the PIC must have accumulated and logged, in a manner

consistent with 14 C.F.R. § 61.151(b), 25 hours of total time as a UAS rotorcraft

pilot (with a minimum of 5 hours of those 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 iNDi LLC proposed operations. The

Administrator has held that prior documented flight experience that was obtained

in compliance with applicable regulations would ensure safe operations, stating as

follows:

In Exemption No. 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 C.F.R.

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10

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hours logged as a UAS pilot with a multi­rotor 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 exemption. 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 multi­rotor time and the 10

hours may be included in the total 25 hours of UAS 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

flight­hour 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 with applicable regulations would satisfy this requirement.

Training, proficiency, and experience­building flights can also be conducted under

the grant of exemption to accomplish the required flight time. During training,

proficiency, and experience­building flights, the PIC is required to operate the UA

with appropriate distances in accordance with 14 C.F.R 91.119.

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Exemption No. 11138 at page 15.

Accordingly, iNDi will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by

meeting minimum flight­hour and currency requirements, that the PIC is able to

safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles, and structures.

3. 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, iNDi LLC will ensure that the DJI

Phantom 3 UAS is in airworthy condition based upon the UAS’s compliance with

its operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a)

specific to UAS, in circumstances with similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,

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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 UA 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 flight

path and altitude. This altitiude information, combined with J.T.Skytograpghy

LLC’s operation of the DJI Phantom 3 UA within visual line of sight, at or below

500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

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 UASs 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.

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Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11136, ,11138, 11150, 11153, 11156, 11157, 11158, 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 UAs; (2) the limitations on the proposed flight

operations; and (3) the location of the proposed flight operations. Accordingly,

iNDi will ensure that it will safely operate the battery powered DJI Phantom 3 UA

during daylight hours in VFR conditions, with enough battery power to fly for a

total duration of 13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI

Phantom 3 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

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Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when

the UAs experience 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

UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish 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 Exemption Nos. 2689, 5745, and 10650. Moreover,

the FAA has previously granted relief from section 91.151 specific to UAS, in

similar, in all material respects, to those presented herein. (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11159, 11160, 11161).

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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) Would Not

Adversely Affect Safety.

In seeking this exemption, iNDi LLC 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 iNDi LLC will use trained technicians to

perform alterations, or preventative maintenance on the UAS using methods,

techniques, and practices prescribed in the operating documents (i.e., the iNDi

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual). Furthermore, iNDi LLC will document and maintain all

maintenance records for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the

operating documents, iNDi LLC 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

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DJI Phantom 3 User Manuals are attached hereto as Exhibit B; a copy of the DJI

Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because

iNDi LLC will use trained technicians to perform maintenance, alterations, or

preventative 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 961.417(b), because all

maintenance of the DJI Phantom 3 UAS will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the monthly

maintenance log.

Significantly, previous exemptions granted by the 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 operating

limitations of the UAS are considered.

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In consideration of iNDi LLC proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UAS, iNDi submits that

safety will not be adversely affected by granting exemption from 14 C.F.R.

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417 (a) & (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, 111080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act

of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, iNDi LLC

requests that the FAA prescribe special conditions for the intended operation of the

DJI Phantom 3 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).

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Such special conditions will permit safe operation of the UAs for the limited

purpose of conducting aerial video and photography 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 operation

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 UAS, since the airworthiness

regulations of the 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 adequate or appropriate safety standards for an aircraft, aircraft engine,

or propeller because of a novel or unusual design feature of the aircraft, aircraft

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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 regulations.

See 14 C.F.R. § 21.16

Therefore, in accordance with FMRA Section 333 and 14 C.F.R & Section

21.16, the FAA may prescribe special conditions for Leading Edge’s intended

operation of the DJI Phantom 3 UAS, which contains 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. Sections 61.113(a) &

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1) & (a)(2), and 91.417(a) &

(b).

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which iNDi LLC Seeks Exemption:

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iNDi LLC 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 iNDi LLC Seeks:

This exemption will permit iNDi LLC to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography

over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To

Support iNDi LLC Request.

This petition is made pursuant to the FAA Modernization and Reform Act

2012 (FMRA) Section 333, which directs the Secretary of Transportation to

determine if certain UAS may operate safely in the NAS. As such, iNDi LLC

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 pose a

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threat to national security; and further, provides the authority for such UAS to

operate without airworthiness certification.

As discussed in detail above, iNDi LLC will operate the DJI Phantom 3

UASs safely in the NAS, without creating a hazard to users of the NAS, or the

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, iNDi LLC 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 operation of the DJI Phantom 3 UAS

commercially, without an airworthiness certificate, for the limited purpose of

conducting aerial video and photography over 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 iNDi to safely, efficiently,

and economically operate the DJI Phantom 3 UAS commercially within the NAS.

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WHEREFORE, 

in accordance with the Federal Aviation Regulations and

the FAA Modernization and Reform Act of 2012, Section 333, iNDi LLC

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 UAS commercially for the

purpose of conducting aerial video and photography over certain areas of the

United States

Dated: December 10, 2015

Respectfully Submitted,

Nicholas R. Davis

_______________

Nicholas Davis

iNDi LLC

545 Harrison St. #2

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Kansas City, MO 64106

Email: nidavis@gmail.com

Appendices:

A­ DJI Phantom 3 Specifications Data Sheet

B­ DJI Phantom 3 Manufacturer’s User Manual

C­ Monthly Maintenance Log

APPENDIX­A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

iNDi LLC only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace.

Parameters can also be set to limit flight to no higher than a predetermined and set

altitude as well as limit flight to a predetermined and set distance. In addition, DJI

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software provides real­time altitude and location information to the PIC via the

linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3

1.1.1 Aircraft

1.1.1.1. Supported Battery­ DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)­3lbs0oz

1.1.1.3 Hover Accuracy (Ready to fly)­ vertical: .8m; horizontal: 2.5m

1.1.1.4 Max Yaw Angulary Velocity­ 200 0/s

1.1.1.5 Max Tilt Angel­ 35 ゚

1.1.1.6 Max Ascend Speed­ 6m/s

1.1.1.7 Max Descend Speed­ 2m/s

1.1.1.8 Max Flight Speed­ 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current­ Static: 750mA: Dynamic: 900mA

1.1.2.2 Control Accuray­ ±0.03°

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1.1.2.3 Controllable Range­ Pitch: ­90°­0°

1.1.2.4 Maximum Angular Speed­ Pitch: 90 0/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range­ 32°F ­ 104°F (0­40°C)

1.1.3.2 Sensor Size­ 1/2.3”

1.1.3.3 Effective Pixels­ 14M

1.1.3.4 Resolution­ 4384x3288

4.1.3.5 HD Video Recording­ 1080p30 & 720p

4.1.3.6 Recording Field of View­ 110°/85°

1.1.4 Transmitter

1.1.4.1 Operating Frequency­ 5.728GHz­5.85GHz

1.1.4.2 Communication Distance (unobstructed)­DCC Compliance:

800m

1.1.4.3 Receiver Sensisitivity (1%PER) ­ ­93dBm

1.1.4.4 Transmitter Power­ FCC Compliance: 100mW

1.1.4.5 Working Voltage­ 120mA@3.7V

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1.1.5 Range Extender

1.1.5.1 Operating Frequency­ 2412­2462MHz

1.1.5.2 Communication Distance (unobstructed)­ 500­700m

1.1.5.3 Transmitter Power­20dBm

1.1.5.4 Power Consumption­2W

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APPENDIX­B

DJI Phantom 3 Manufacturer’s User Manual

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APPENDIX­C

MONTHLY MAINTENANCE LOG

Month______Year_____

UAS #: DATE ISSUE

DISCOVERED

DATE ISSUE

ADDRESSED

ISSUE DESCRIPTION

& MAINTENANCE

CONDUCTED

MAINTENANCE

PERFORMED BY:

print & sign

Software

Updates

Airframe

Engines

Propellers

Camera

Gimbel

Landing

Gear

Vibration

Dampening

Other:

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Nicholas R. Davis

iNDi LLC

545 Harrison St. #2

Kansas City, MO 64106

Email: nidavis@gmail.com

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