May 5, 2015

Kirk Vriesman

Beargrass Imaging

747 Hi Francis Road

Arlee, MT 59821

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 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 Aviation Regulations (FARs) in order that I, Kirk 

Vriesman doing business as (DBA) Beargrass Imaging, am permitted operate an 

Unmanned Aerial System (UAS) for the purpose of aerial photography and videography, 

inspections, surveys, and mapping.

Beargrass Images will acquire a DJI Phantom 3 Professional quadcopter 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 airspace. 

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 petition 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 request: 

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 

Certification procedures for products and parts, Airworthiness Certificates

14 CFR Part 36 
Noise standards: Type and airworthiness

14 CFR § 45.23 

Display of marks; general 

14 CFR Part 61 

Certification: Pilots, flight instructors, and ground instructors

14 CFR § 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

Minimum 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 locator transmitters

14 CFR Part 91, Subpart E 

Maintenance

Extent of Relief Sought, and Reasons 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 to airports in which the Subject UAS will operate 

poses significantly less of a risk that the risks posed by conventional aircraft. Manned 

aircraft pose risks	to	the	life	and	safety	of	the	crew;	that	is	not	a	consideration	with	

the	Subject	UAS.	Risks	to	third	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	requests that	the	FAA	

waive	the	requirement	that	the	Subject	UAS,	particularly	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	registration	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	requirement.	Accordingly,	the	petitioner	requests 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	compensation	or	hire	as	part	of	an	aerial	imaging business	for	the	reasons	

articulated	in	In	re	Trudeau,	FAA	Exemption	No.	11138,	and	In	re	Astraeus,	FAA

Exemption	No.	11062.	The	petitioner,	or	his	employee	or	associate, will	operate	the	

Subject	UAS	over	property	where	the	owner	or	owner's	representative	has	

requested	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	certificate,	the	petitioner	requests an	exemption	from	this	FAR	for	the	

same	reasons	identified	in	his	request	for	an	exemption	of	14	CFR	Part	21,	Subpart	

H.		Petitioner 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	reasons	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	mandates	certain	pre-flight	action.	The	petitioner	will	

take	all	necessary	pre-flight	action,	but	requests	an	exemption	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	

stations,	have	safety	belts	fastened,	etc.	The	petitioner	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	instruction	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	an	
exemption	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	petitioner	requests	an	exemption	from	this	this	FAR	in	order	to	

accomplish	the	intended	function	of the	mission	for	which	he	seeks	an	exemption.	

14	CFR	§	91.121.	FAR	91.121	mandates	various	altimeter	settings	in	order	to	

maintain	level	flight.	The	petitioner	requests	and	exemption	from	this	FAR	as	the	

Subject	UAV	will	not	have	an	altimeter	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	petitioner	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,	maintain	a	five-minute	reserve	

battery	time.	

19	CFR	§	91.173.	The	petitioner	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	within	controlled	airspace	(e.g.,	a	

flight	on	a	day	with	less	than	three	miles	visibility	in	a	neighborhood	that	falls	

within	the	Class	D	airspace).	The	petitioner	would	request	that,	after	contacting	ATC	

for	the	controlled	airspace,	he	would	be	allowed	to	operate	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	registration	certificate.		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	intervals,	and	by	certain	mechanics.	

The	petitioner	requests	an	exemption	from	this	Subpart	because	the	Subject	UAS	

has	a	trouble-shooting	and	maintenance	program	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	manufacturer	safety	bulletins.
Description of Operations:

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

The petitioner will operate a DJI Phantom 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-respected company. 

The portable ground station used by the petitioner to pilot the unmanned aircraft is a 

wireless communication device using an FCC-compliant 2.4 GHz transmitter. The 

Subject UAS is equipped with lost-link capability, which enables the Phantom 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. The 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. Vriesman is a photographer that received a Master of Fine Arts degree from Syracuse 

University. He has been associated with several entrepreneurial businesses, and currently 

works as an information professional in a public library system. He has also received a 

Master of Library and Information Science degree from San Jose State University.

With regard to the operation UAS systems, Mr. Vriesman has made numerous flights as a 

hobbyist, and has 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 Montana 

region. However, 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 intends 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' from the portable ground station.

2. Each mission will consist of one flight. 
3. The pilot in command (PIC) will establish a fixed location where he will be 

positioned with the portable 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 operate only within a visual line of sight (VLOS). 

5. Prior to the 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 link 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 will last for no more than eighteen minutes of flight time. 

8. In the event that any mission would 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 Interest and Benefit Considerations:

Aerial imaging services generally require use of a manned aircraft. Existing closeproximity aerial photography is extremely difficult to do, and requires the use of a 

helicopter or slow-moving aircraft at an appropriate distance over a populated area. The 

operation must be conducted in VFR conditions, and adds aircraft to already congested 

airspace. 

By using the Subject UAS, the petitioner aims to provide the public with quality aerial 

imaging services at a lesser cost than would be associated with manned flight. The 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 the 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 aerial 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 

procedures.
Why the Exemptions Would Not Adversely Affect Safety:

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

First, the operations will be conducted in airspace where there is typically no activity 

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 of manned aircraft. The operations the petitioner is proposing to undertake pending 

approval 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 91.119 

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. 

Second, the Subject UAS is not a large aircraft. Weighing less than 3 pounds, the 

likelihood that it would damage property or injure a person is low, even in the event of a 

mishap. In addition, aerial imaging is typically done via manned aircraft, and the risk 

there is at least equal to the risk posed by the proposed operation. 

Third, the Subject UAS has inherent lost-link capabilities to bring it back to its operating 

base during a mission. It is a redundant system that addresses a failed communications 

problem in the event that it does arise.

Language for Inclusion in the 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; Part 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 abovereferenced Federal Aviation Regulations to conduct 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. Please do not hesitate to 

contact me should there be a need for additional information. I look forward to working 

with the FAA and taking part in the discussion of how the FAA will ultimately regulate 

commercial UAV use in the United States. 

Sincerely,

Kirk Vriesman

Enclosures / Attachments (2)

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

DJI Phantom 3 Users Manual v1.0 part 2.pdf