May 5 , 2015

Kirk Vriesman Beargrass Imaging

747 Hi Francis Road Arlee, MT 59821

U.S. Department of Tr ansportation, Docket Operations West Building Ground Floor, Room W12

- 140

120 0 New Jersey Avenue, SE Washington, DC 20590

Dear Sir or Madam:

The purpose of this letter is to petition the Federal Aviation Administration (FAA) for an exemption from certain Federal Av iation Regulations (FARs) in order that I , Kirk Vriesman doing bu siness as (DBA) Beargrass Imaging , am permitted operate an Unmanned Aerial System (UAS) for the purpose of aerial photography and videography,

in spections, surveys, and mapping.

Beargrass Images will acquire a DJI Phantom 3 Professional q uadcopter for the intent of operating it commercially upon receiving permission from the FAA. The exemption
request would permit the operation for business purposes of the ultra

- light weight

, unmanned (piloted by remote control) UAS in tightly controlled and limited airsp ace.

I, Kirk Vriesman , owner of Beargrass Imaging, will detail in this petition the specific regulations for which I seek relief, offering alternative and equivalent ways of producing a level of safety at least equal to the existing rules. This petitio n focuses on public benefit and public safety.

Accordingly, and pursuant to 14 CFR §§ 11.61

- .103 and Section 333 of the FAA Modernization and Reform Act of2012, PL 112

- 95 (Feb. 14, 2012), the petitioner is submitting the following information with this re quest:

Identity of the petitioner:

Kirk Vriesman

747 Hi Francis Road Arlee, MT 59821

Kirk Vriesman seeks an exemption form the following FARs :

14 CFR Part 21, Subpart H

Certi fication procedures for products and parts, Airworthiness Certificates

14 CFR Part 36Noise st andards: Type and airworthiness 14 CFR § 45.23 Display o f marks; general

14 CFR Part 61 Certification: Pilots, flight instructors, and ground instructors

14 C FR § 91.7

Civil aircraft airworthiness 14 CFR § 91.9 Civil aircraft flight manual, marking, and placard requirements 14 CFR § 91.103 Preflight action 14 CFR § 91.105 Flight crewmembers at stations 14 CFR § 91.109 Flight instruction 14 CFR § 91.119

Minimu m safe altitudes 14 CFR § 91.121 Altimeter settings 14 CFR § 91.151 Fuel requirements for flights in VFR conditions

14 CFR §91.173 ATC clearance and flight plan in IFR 14 CFR § 91.203 Civil aircraft: Certifications required 14 CFR § 91.207 Emergency locato r transmitters 14 CFR Part 91, Subpart E

Maintenance

Extent of Relief Sought, and Re asons for Seeking the Exemption:

14 CFR Part 21, Subpart H. Part 21 establishes the procedures for issuance of certificates of airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701(b), the FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from the requirements of this Part because the size, weight, speed, operational capability and proximity t o airports in which the Subject UAS will operate

pose s significantly less of a risk that the risks posed by conventional aircraft . Manned aircraft pose risk s	to	the	life	and	safety	of	the	crew;	that	is	not	a	consideration	with the	Subject	UAS.	Risks	to	thi rd	parties	are	also	minimized	given	the	lightweight	and slow	speed	at	which	the	Subject	UAS	would	operate.	Nor	are	there	risks	of	fuel spillage	or	fire	in	the	event of	an	accident.	Thus ,	the	petitioner request s that	the	FAA waive	the	requirement	that	the	S ubject	UAS,	particular ly	the	aircraft	portion, requiring an airworthiness certificate.14	CFR	Part	36.	FAR	Part	36,	Subparts	A,	F	and	0,	establish	certain	noise	standards for	certification	of	various	aircraft	types.	Because	the	Subject	UAS	would	not	have an airworthiness	certificate,	and	given	its	small	size	and	negligible	noise	impact,	the petitioner	requests	an	exemption	from	FAR	Part	36.

14	CFR	§	45.23.	FAR	Part	45.23	establishes	marking	requirements	for	aircraft; paragraph	(b)	mandates	that	the	regi stration	number	be	displayed	in	letters	not	less than	two	inches	in	height.	The	Subject	UAS	is	small	enough	that	it	cannot accommodate	the	type

- size	requi rement.	Accordingly,	the	petitioner request s an exemption	from	this	part

.

14	CFR	Part	61.	FAR	Part	61 sets	forth	the	certification	requirements	for	pilots.	The petitioner	requests	an	exemption	that	would	allow him

, or	his employee	or
associate, in	possession	of	the	proper FAA credentials, to	operate	the	Subject	UAS

for	com pensation	or	hire	as	part	of	an	a erial	imaging business	for	the	reasons

articulated	in In	re	Trudeau, FA A	Exemption	No.	11138,	and In	re	Astraeus, FA A Exemption	No.	11062.	The	peti ti oner ,	or	his employee	or	associate, will	operate	the Subject	UAS	over	property	where	the	owner	or	owner's	r epresentative	has

reque sted	that	the	operation	occur.

14	CFR	§	91.7.	Under	FAR	91.7,	no	person	may	operate	an	aircraft	unless	it	is	in	an airworthy	condition.	To	the	extent	that	"airworthy"	is	defined	as	requiring	an

airworthiness	ce rtificate,	the	petitio ner request s an	exemption	from	this	FAR	for	the same	reasons	identified	in	his	request	for	an	exemption	o f	14	CFR	Part	21,	Subpart

H.		Petit i oner will	not,	however,	operate	the	Subject	UAS	if	it	is	not	in	a	condition	for safe	flight,	as	required	under	FAR 91.7(b).

14 CFR § 91.9.	Petitioner requests exemption from the requirement of FAR 91.9, which	requires	that	all	aircraft	have	certain	markings,	placards	and	on

- board	flight

manuals	for	the	same	reas ons	as	stated	in	his	request	for exemption	under	14	CFR Part	21,	Subpart	H,	and	for	a	deviation	from	the	marking	requirements	of	14	CFR Part	36,	Subparts	A,	F,	and	0.

14	CFR	§	91.103.	FAR	91.103	manda tes	certain	pre

- flight	action.	The	p etitioner	will take	all	necessary	pre

- flight	action,	but	requests	an	exem ption	from	this requirement	insofar	as	it	is	interpreted	as	requiring	pre

- flight	actions	appropriate	to

manned	aircraft only	(e.g.,	that	flights	originate from	an	airport,	etc.).

14	CFR	§	91.105.	FAR	91.105	mandates	that	crewmembers	be	at	designated

stat ions,	have	safety	belts	fastened,	etc. The	p etitioner	would	be	at	a	designated ground	station	for	each	mission,	but	requests	an	exemption	to	accommodate	the	fact that	the	Subject	UAS	is	unmanned.

CFR § 91.109.	This	FAR	requires	that	all	flight	instructio n	be	conducted	in	aircraft that	have	dual	controls,	or	throw

- over	controls,	with	an	instructor.	From	time	to time	the	petitioner	will	conduct	his	own	refresher	training,	but	requests	anexemption	insofar	as	this	FAR	would	be	interpreted	to	require	that	the ground

control	station	have	a	second	controller	or	dual

- control	capability.

14	CFR § 91.119.	FAR	91.119	sets	forth	the	minimum	safe	altitudes	over	various

areas. The	p etitioner	requests	an	exemption	from	this	this	FAR	in	order	to accomplish	the	intend ed	function	of the	mission	for	which	he	seeks	an	exemption.

14	CFR	§	91.121.	FAR	91.121	mandates	various	altimeter	settings	in	o rder	to maintain	level	flight.	The	p etitioner	requests	and	exemption	from	this	FAR	as	the Subject	UAV	will	not	have	an	altimet er	that	matches	the	requirements	of	this	FAR. Operations	with	the	Subject	UAV	will,	however,	maintain	altitude	below	the	300' AGL	ceiling	by	the	petitioner	monitoring	the	altitude	of	the	UAS	and	through	the Subject	UAS's technological ability	to	establish a	flight	zone	that	cannot	exceed	the ceiling.

14	CFR §	91.151.	The	p etitioner	requests	an	exemption	from	the	VFR

- flight	fuel carrying	requirements	because	the	Subject	UAS	will	operate	on	battery	power. Operations	with	the	Subject	UAS	will,	however,	maint ain	a	five

- minute	reserve battery	time.

19	CFR	§ 91.173.	The	p etitioner	requests	an	exemption	from	the	IFR

- clearance requirement	for	flights	into	controlled	airspace.	It is	possible	the	petitioner may operate	the	Subject	UAS	in	conditions	that	are	IFR	wi thin	controlled	airspace	(e.g.,	a flight	on	a	day	with	less	than	three	miles	visibility	in	a	neighborhood	that	falls

wit hin	the	Class	D	airspace).	The	petitioner would	request	that,	after	contacting	ATC for	the	controlled	airspace,	he	would	be	allowed	to	o perate	in	what	might	be	IFR conditions,	but	where	he	still	has	complete	and	unfettered	line	of	sight	visibility with	the	Subject	UAS.

14	CFR	§	91.203.	FAR	91.203	requires	that	a	civil	aircraft	have	an	airworthiness certificate	and	a	regi stration	certific ate.		The	petitioner requests	that	he	be	exempt from	complying	with	this	FAR	insofar	as	it	mandates	issuance	of	an	airworthiness certificate,	for	the	reasons	stated	in	his	request	for	an	exemption	under	14	CFR	Part 21,	Subpart	H.

14	CFR	§	91.207.	FAR	91. 207	prohibits	operation	of	a	US

- registered	aircraft	unless	it is	equipped	with	an	emergency	locator	transmitter.	Given	the	limited	distance	of flights of	the	Subject	UAS,	the	petitioner requests	and	exemption	from	this	FAR.

14	CFR	Part	91,	Subpart	E.	FAR 91,	Subpart	E	requires	that	owners	or	operators	of aircraft	have	the	aircraft	inspected	at	certain	interv als,	and	by	certain	mechanics. The	p etitioner	requests	an	exemption	from	this	Subpart	because	the	Subject	UAS

has	a	trouble

- shooting	and	maintenance	p rogram	that	is	best	executed	by	the owner/operator,	and	is	simply	different	from	the	maintenance	of	manned	aircraft. Petitioner	will,	however,	maintain	a	maintenance	log	and	any	maintenance	records

of repair	of the	Subject	UAS,	and	follow	any	and	all	manuf acturer	safety	bulletins.Description of Operations:

A. The UAS that is the Subject of this Petition.

The petitioner will operate a DJI Pha ntom 3 Professional unmanned aircraft and its associated portable ground station controller (together the "Subject UAS"). The Subject UAS is a quad

- copter with a camera mounted beneath it, piloted via a portable ground

station. It has a weight of approximately 1,280 grams . The DJI Phantom 3 Professional is a widely known unmanned aircraft manufactured by a well

- respe cted company.

The portable gr ound station used by the petiti o ner to pilot the unma nned aircraft is a wireless communication device using a n FCC

- compliant 2.4 GHz transmitter . The Subject UAS is equipped with lost

- link capabil ity, which enables the Phanto m 3 to enter
a fail

- safe Return

- to

- Home Mode in the event that the link between the aircraft and the ground station is lost. T he Subject UAS can operate for a total of approximately 23 minutes on one battery charge. It has a maximum range from the ground station of 2,000

meters . However, it also has programmable height and radius limits to establish an operations area.

B. The UAS Petitioner

Mr. Vries man is a photographer that received a Master of Fine Arts degree from Syracuse University. He has been associ ated with several entrepreneurial busine sses, and currently

works as an information professional in a public library system. He has also received a Master of Li brary and Information Science degree from S an Jose State University

.

With regar d to the operation UA S systems , Mr. Vriesman has made numerous flights as a hobbyist, and h as accumulated more than 20 hours of flight time with UAS aircraft

.

C. UAS Operating Parameters

The vast majority of the petitioner's operations will be conducted in the Western Montan a region . Howeve r, his business may take him to adjacent areas. Because the operations may be conducted at various locations in the area during the period that the exemption would be in effect, there are not specific locations at which the petitioner i nte nds to
operate.

The petitioner would adopt the following UAS Operating Parameters:

1. All missions will be conducted below 300' AGL, and within a radius distance of

800' fro m the portable ground station.

2. Each mission will consist of one flight.3. The pilot i n command (PIC) will est ablish a fixed location where he will be positioned with the porta ble ground station, and utilize a visual observer (VO) during all flights.

4. The PIC and VO will have direct visual observation of the aircraft at all times, and operat e only within a visual line of sight (VLOS)

. 5. Prior to th e start of a flight, the PIC will activate and use the UAS's global positioning system flight safety procedure and lost

- link procedure to ensure

return of the aircraft in the event of a lost lin k or compromised communication.

6. On each mission, the aircraft will return to the control pad with no less than five minutes of battery power remaining.

7. Each mission w ill last for no more than eighteen minutes of flight time.

8. In the event that any mission woul d ever occur within the airspace of a specific airport or controlled airspace, the petitioner shall obtain the permission of that control tower to operate in that airspace or from the appropriate control authority.

9. In the event that any mission will occur within five miles of an airport, the petitioner shall ensure the airport is notified of the estimated flight time, flight duration, elevation of flight, and pertinent information.

10. The petitioner will conduct all flights in permissible weather, and during daylight

hours.

Public In te rest and Benefit Considerations:

Aerial imaging services generally req uire use of a manned aircraft . Existing c lose

proximity aerial photography is extremely difficult to do, and requires the use of a helicopter or slow

- movin g aircraft at an appropriate distance over a populated area. The operation must be conducted in VFR c onditions, and adds aircraft to already congested airspace.

By u sing the Subject UAS, the petitioner aims to provide the public with quality aerial imagin g se rvices at a lesser cost than would be associated wi th manned flight. T he risks

associated with manned flight would be significantly reduced considering the Subject

UAS conducting the operation weighs less than three pounds, would remain below 300'
AGL, does not operate with combustible fuel, and can operate within a very confined

space directly over t he location being imaged. In addition, because the Subject UAS has no emissions, ecological impact is minimized. Thus the public will be better served by having more affordable ae rial imaging options available thereby driving economic growth, having a low

- impact ecological option available for aerial imaging, and by having safe UAS operation from a licensed pilot closely following established operating

proc edures.Why the Exemptions Wo uld Not Adversely Affect Safety:

The proposed operations will not a dversely affect safety for three primary reasons.

First, the operations will be conducted in airspace where there is typically no activit y among other users of the NAS. Flights are limited to property over which the owner has requested that the Subject UAS operate, so the owners will be fully aware of the flight operation. The petitioner fully recognizes the dangers that a small UAV could pose to all

types o f manned aircraf t. The operations the petitioner is proposing to undertake pending

ap proval are operations taking place where manned aircraft will not fly. There would be a rigid separation between where a manned aircraft can fly (particularly due to FAR 9 1.119 which establishes minimum safe altitudes, to include an absolute prohibition of operating an aircraft within 500' of any structure) and where the petitioner would operate the UAV.

S econd, the Subject UAS is not a large aircraft. Weighing less than 3 pounds , the likelihood that it would damage pro perty or injure a person is low, even in th e event of a mishap. In addition , a erial imaging is typically done via manned aircraft, and the risk there is at least equal to the risk posed by the proposed opera tion.

Third, the Subject UAS has inherent lost

- link capabilities to bring it back to its operating base during a mission. It is a redunda nt system that addresses a failed communications problem in the event that it does arise.

Language for In clusion in t he Federal Register:

Mr. Vriesman proposes that the following language be included in the Federal Register:

Petition for Exemption.

Federal Aviation Regulations from which Petitioner seeks exemption: 14 CFR 14 CFR

Part 21, Subpart H; Part 36; § 45.23; Pa rt 61; §§ 91. 7; 91.9; 91.103; 91.105; 91.109;
91.119; 91.121; 91.151; 91.173; 91.203; 91.207; and 14 CFR Part 91, Subpart E.

Description 

### of Relief Sought: The petitioner is seeking an exemption from the above

referenced Federal Aviation Regulations to co nduct aerial imaging using a light, unmanned aerial vehicle for the purpose of aerial photography and videography, inspections, surveys, and mapping.Conclusion:

I would like to thank the FAA for considering this request. Pleas e do not hesitate to

cont act me should there be a need for additional information. I look forw ard to working with the FAA and taking part in the discussion of how t he FAA will ultimately regulate

commercial UAV use in the United States.

Sincerely,

Kirk Vriesman

Enclosures / Att achments (2)

DJI Phantom 3 Users Manual v1.0 part 1.pdf

DJI Ph antom 3 Users Manual v1.0 part 2 .pdf