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September 12, 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: Indiana Space Agency, Inc. dba Spaceport Indiana

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

OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3, 

Typhoon QRS 500 4K 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Brian L. Tanner

President

The Indiana Space Agency, Inc.

dba Spaceport Indiana

144 Tracy Ridge Blvd. 

New Whiteland, Indiana 46184

www.spaceportindiana.com

btanner@spaceportindiana.com

T: (765) 606 1512
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TABLE OF CONTENTS

 Page

GLOSSARY OFABBREVIATIONS..............................................................................................3

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

INTRODUCTION AND INTERESTS OF PETITIONER.............................................................4

BACKGROUND.............................................................................................................................4

BASIS FO PETITION.....................................................................................................................5

NAME AND ADDRESS OF PETITIONER..................................................................................6

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

SEEKS EXEMPTION....................................................................................................................7

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

THE INDIANA SPACE AGENCY SEEKS THE RELIEF.......................................................10

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

BE IN THE PUBLIC INTEREST ..............................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO THE INDIANA SPACE 

AGENCY WOULD NOT ADVERSELY AFFECT SAFETY....................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT THE INDIANA SPACE AGENCY’S REQUEST....................................................25

CONCLUSION..............................................................................................................................25

APPENDICES.................................................................................................26
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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 Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National 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

Indiana Space Agency, Inc. dba Spaceport Indiana hereafter referred to as Spaceport Indiana seeks 

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System (DJI Phantom 3) and the Typhoon QRS 500 pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Spaceport Indiana

to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial 

video and photography of construction sites, residential and commercial real estate, civil 

landscapes, STEM educational opportunities, public service training and events over certain 

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

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

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

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

technologies. Spaceport Indiana has worked with thousands of students, employees, educators 

scientists and agencies in areas of unmanned platforms, rocketry, high altitude ballooning and 

edge of space activities without incident since 2008. The objective of Spaceport Indiana and our

Unmanned Aircraft System(s) (DJI Phantom 3, Typhoon QRS 500) aerial operations is to 

provide a more affordable, high-quality system for a variety of governmental, commercial, 

public, and residential uses, specifically targeting

• Construction sites before and after • Appraisals • Real-estate marketing • Economic 

development • Civic landmarks • Special event coverage • Private and governmental training

• Educational training and workforce development

My staff has safely flown small RC electric quad copters and fixed wing aircraft recreationally for 

approximately 8 years without incident and developed a Net-Centric, heterogeneous autonomous 

capability for platforms in assistance with DoD.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Typhoon QRS 500, UAS

Spaceport Indiana seeks an exemption to operate DJI Phantom 3 and Typhoon QRS 500 systems

for compensation or hire within the NAS. The DJI Phantom 3 and Typhoon QRS 500 are vertical 

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed 

of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped
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with four main rotors; driven by Lithium Polymer battery powered electric motors. The Typhoon 

is a similar platform with similar performance.

The DJI Phantom 3 and Typhoon QRS 500 that will be operated by Spaceport Indiana will be 

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 

47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and 

Registration Marking.

BASIS FOR PETITION

Petitioner, Spaceport Indiana, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 3, and Typhoon QRS 500 UAS in the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, Spaceport Indiana operation of DJI Phantom 3 and Typhoon 

QRS 500 UAS meet 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, Spaceport Indiana requests relief from 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.

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

will be ensured. Spaceport Indiana will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, 

and practices prescribed in the operating documents (i.e., Monthly Maintenance log, and DJI 

Phantom 3 and Typhoon QRS 500 Instruction Manual). Furthermore, Spaceport Indiana will 

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

500. The Administrator has held the position of Accountable Manager of an FAA Repair Station 

(Air Agency Certificate) for American Aviation Company in Peru Indiana. 

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

and limitations: Pilot in command, is requested by Spaceport Indiana to the extent necessary to 

waive a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an 

airman medical certificate requirement; however, all PICs of platforms shall have completed an 

FAA approved Ground School and have received training in the flight of aforementioned UAS(s) 

and achieved proficiency through Spaceport Indiana’s developed program.

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

the DJI Phantom 3 and Typhoon QRS 500 UAS do not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such, Spaceport Indiana submits that they will 
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ensure that the DJI Phantom 3 and Typhoon QRS 500 UAS are in an airworthy condition, prior 

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

documents.

Spaceport Indiana also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 and Typhoon QRS 500 UAS will not have a typical 

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

QRS 500 UAS 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 Spaceport Indiana’s 

operation of the DJI Phantom 3 and Typhoon QRS 500 UAS within visual line of sight, at or 

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

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

entitled Fuel requirements for flight in VFR conditions. Spaceport Indiana submits that safety 

will not be affected by operation of the DJI Phantom 3 or Typhoon QRS 500 UAS during

daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with

enough battery power to fly for a total duration of approximately 23 minutes. Battery power

indicators are also able to show exactly how much battery power is left, as well as how much

time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Spaceport Indiana provides the following information in 

support of its petition for exemption:

A. Name and Address of the Petitioner.

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

Brian Tanner

President

The Indiana Space Agency, Inc. dba Spaceport Indiana

144 Tracy Ridge Blvd. 

New Whiteland, Indiana 46184

T: (765) 606 1512
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B. The Specific Sections of 14 C.F.R. From Which Spaceport Indiana Seeks Exemption.

1. Spaceport Indiana 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 if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Spaceport Indiana Seeks Exemption from the Requirements of Section 91.7(a).

Section 91.7, entitled Civil Aircraft Airworthiness, subsection (a), states the following:

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

3. Spaceport Indiana Seeks Exemption 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 or 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 100 nautical miles of the aircraft;

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

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

station; or

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

the departure airport or an appropriate altimeter setting available before departure.
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4. Spaceport Indiana 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. Spaceport Indiana Seeks Exemption from the Requirement of Section 91.405(a).

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

or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Spaceport Indiana Seeks Exemption from the Requirements 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. Spaceport Indiana 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 --

(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.
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8. Spaceport Indiana 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 §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration 

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

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

engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii)The signature and certificate number of the person approving 

the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each 

propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

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

aircraft which are required to be overhauled on a specified time basis.

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

since the last inspection required by the inspection program under which 

the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) 

and safety directives including, for each, the method of compliance, the 

AD or safety directive number and 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.
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(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1 year after 

the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 

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

is approved for return to service.

C. The Extent of Relief Spaceport Indiana Seeks and the Reason Spaceport Indiana Seeks 

the Relief.

1. Extent of Relief Spaceport Indiana Seeks and the Reason Spaceport Indiana

Seeks Relief from Section 61.113(a) and (b).

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

command, is requested to the extent necessary to waive the requirement that a PIC holding a 

private pilot or higher level certificate, as well as a current and valid airman medical certificate, 

and who has met certain flight-hour and currency requirements, is required to conduct the 

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if: (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Spaceport Indiana submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate the DJI Phantom 3 or Typhoon QRS 

500 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating 

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

manner consistent with the operations specifications as described in this exemption, including 

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, 

vessels, vehicles and structures.

Further, Spaceport Indiana submits that all flights of the DJI Phantom 3 or Typhoon QRS 500 

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The 

Spaceport Indiana’s business; and (2) will not carry passengers or property for compensation or

hire.
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2. Extent of Relief Spaceport Indiana Seeks and the Reason Spaceport Indiana

Seeks Relief from Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent

required to allow Spaceport Indiana to determine that the DJI Phantom 3 and Typhoon QRS 500 

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

with the operating documents (i.e., the Spaceport Indiana Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual). Spaceport Indiana seeks the 

requested relief because the DJI Phantom 3 and Typhoon QRS 500 UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Spaceport 

Indiana will ensure that the DJI Phantom 3 and Typhoon QRS 500 UAS are in airworthy

condition based upon its compliance with the operating documents (i.e., Monthly Maintenance

Log, Typhoon QRS 500 and DJI Phantom 3) prior to every flight, and further, determine that the 

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

3. Extent of Relief Spaceport Indiana Seeks and the Reason Spaceport Indiana

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 and Typhoon QRS 500 UAS, which utilize a barometric 

pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink 

altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA 

requires that any altitude information concerning UAS operations be reported to air traffic 

control (ATC) in feet above ground level (AGL), Spaceport Indiana seeks the requested relief 

because the DJI Phantom 3 and Typhoon QRS 500 UAS’s altimeter may be set on the ground to 

zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought

to the extent necessary to 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 and Typhoon QRS 500 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 provide the PIC with altitude information of the UA on the heads-up 

display of the GCS.

4. Extent of Relief Spaceport Indiana Seeks and the Reason Spaceport Indiana

Seeks 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 and 

Typhoon QRS 500 UAS during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 23 minutes. Spaceport Indiana seeks the 

requested relief because without an exemption from Section 91.151(b), the flight time duration 

of the battery powered DJI Phantom 3 and Typhoon QRS 500 UAS will severely constrain the 
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practicality of any aerial video or still photo flight operations that Spaceport Indiana proposes to 

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of each UAS’s operating 

documents, and Spaceport Indiana’s proposed operating limitations, ensure that Spaceport 

Indiana will safely operate the battery powered DJI Phantom 3 and Typhoon QRS 500 UAS 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), with enough battery power to fly for a total duration of 23 minutes.

5. Extent of Relief Spaceport Indiana Seeks and the Reason Spaceport Indiana

Seeks Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, Spaceport Indiana requests relief from these Sections 

because the DJI Phantom 3 and Typhoon QRS 500 UAS do not require airworthiness 

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

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

Accordingly, Spaceport Indiana will use trained technicians to perform maintenance, alterations, 

or preventive maintenance on the UAS using the methods, techniques, and practices prescribed 

in the UAS(s) operating documents (i.e., the Spaceport Indiana Aerial Operations Manual, 

Monthly Maintenance Log, Typhoon QRS 500 and DJI Phantom 3 Instruction Manual). 

Furthermore, Spaceport Indiana will document and maintain all maintenance records for the DJI 

Phantom 3 and Typhoon QRS 500 UAS.

D. The Reasons Why Granting Spaceport Indiana’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Spaceport Indiana to 

safely, efficiently, and economically conduct aerial video and photography of construction sites, 

residential and commercial real estate, civil landscapes, STEM educational opportunities, public 

service training and events over certain areas of the United States. Additionally, use of the DJI 

Phantom 3 and Typhoon QRS 500 UAS will decrease congestion of the NAS, reduce pollution, 

and provide significant benefits to the economy. Notably, the benefits of Spaceport Indiana’s

proposed operation of the DJI Phantom 3 and Typhoon QRS 500 UAS will be realized without

implicating any privacy issues.

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

The DJI Phantom 3 and Typhoon QRS 500 UAS are battery powered and serve as a safe, 

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial 

imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of a DJI Phantom 3 and Typhoon QRS 500 UAS would reduce the 
13

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the 

safety of life and property in the air and on the ground.

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

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 and 

Typhoon QRS 500 UAS do not require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial video and photography missions would result in fewer aircraft 

that must be handled by air traffic control during the ground, takeoff, departure, arrival, and 

landing phases of flight operations.

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

UAS and Typhoon QRS 500

Conducting aerial acquisitions with the DJI Phantom 3 and Typhoon QRS 500 UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise 

pollution generated during traditional aerial video and photography of construction sites, 

residential and commercial real estate, civil landscapes, STEM educational opportunities, public 

service training and events over certain areas of the United States.

By using battery power and electric 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 approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 

UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, 

as the UAS are propelled by battery powered electric motors, rather than an internal combustion 

engine.

By using the DJI Phantom 3 and Typhoon QRS 500 UAS to perform aerial acquisitions, the 

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

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

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

Phantom 3 and Typhoon QRS 500 UAS have less physical potential for collateral damage to life 

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

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

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

and Typhoon QRS 500 UAS Will Benefit the Economy.

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

an economical alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the DJI Phantom 3 and Typhoon QRS 500 UAS will allow United States based 

companies, like Spaceport Indiana, to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection 
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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 and Typhoon QRS 500 UAS, companies such as Spaceport 

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

employees and contractors, which will ultimately contribute to growth of the U.S. economy. 

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 

3 and Typhoon QRS 500 UAS, 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,

Spaceport Indiana’s proposed operation of the DJI Phantom 3 and Typhoon QRS 500 UAS will 

not implicate any privacy issues. Specifically, the DJI Phantom 3 and Typhoon QRS 500 UAS 

will be operated only in compliance with operating documents (i.e., Spaceport Indiana’s Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and Typhoon QRS 500 

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

enforcement notification, and in accordance with the Federal Aviation Regulations, including the 

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

E. The Reasons Why Granting the Exemption Would Not Adversely Affect Safety, Or how 

the Exemption Would Provide a Level Of Safety At Least Equal To That Provided by The 

Rule From Which Spaceport Indiana Seeks Exemption.

1. Reasons Why the DJI Phantom 3 and Typhoon QRS 500 UAS Meet the

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

In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, Spaceport Indiana’s operation of the DJI

Phantom 3 and Typhoon QRS 500 UAS meet the conditions of FMRA Section 333, and will not 

require an 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 a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 
15

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

by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under 

this section that certain unmanned aircraft systems may operate safely in the 

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

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Spaceport Indiana submits that the DJI Phantom 3 and Typhoon QRS 

500 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the characteristics of the DJI Phantom 3 and Typhoon QRS 500 UAS; (b) the pilot certification 

requirement; and (c) the specific operating limitations.

a. The Specifications of the DJI Phantom 3 and Typhoon QRS 500 UAS 

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and Typhoon QRS 500 UAS do not create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability.

i. Technical Specifications of the DJI Phantom 3 and Typhoon QRS 500

UAS.

The technical specifications of the DJI Phantom 3 and Typhoon QRS 500 UAS are set forth by 

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

ii. The DJI Phantom 3 and Typhoon QRS 500 UAS Global Positioning Modes 

Enable the UAS to Remain within a Defined Operational Area.

The DJI Phantom 3 and Typhoon QRS 500 UAS may be operated in both manual and global 

positioning flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 3 and Typhoon QRS 500 UAS is provided and attached hereto as Appendix A.

iii. The DJI Phantom 3 and Typhoon QRS 500 UAS Are Designed For 

Automatic Return To Home Point Or Hover In The Event Of Loss Of The 

Control Link Or Navigation.
16

When the Control Link is lost, the DJI Phantom 3 and Typhoon QRS 500 UAS will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 or Typhoon 

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

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

will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 and Typhoon QRS 500 

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

the Typhoon QRS 500 manual attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS and Typhoon QRS 500 and their Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and the 

Typhoon QRS 500 flight control software is provided at pages 23 through 29 of the DJI Phantom 

3 User Manual and pages xx-xx of the Typhoon QRS 500 manual. Both DJI

Phantom 3 and Typhoon QRS 500 User Manuals are attached hereto as Appendix A.

b. Flight Operations of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

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

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

all times during flight time.

c. Flights Of DJI Phantom 3 and Typhoon QRS 500 UAS Will Be Conducted 

Pursuant To Specific Operating Limitations.

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

and Typhoon QRS 500 UAS for the special purpose of conducting aerial video, educational 

training, Homeland Security support, public services agency support, commercial industry 

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

operating limitations.

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UAS weighing less 

than 55 pounds maximum gross weight: DJI Phantom 3 and Typhoon QRS 500 

Unmanned Aircraft Systems. 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 for the commercial purpose of conducting aerial video and photography of construction sites, 

residential and commercial real estate, civil landscapes, STEM educational opportunities, public 

service training and events over certain areas of the United States.

.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.
17

4. The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL), as indicated by the procedures specified in the operating documents unless a

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device other 

than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.

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

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The 

SO and PIC must be able to communicate verbally at all times. Electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate the camera or other instruments.

9. The 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 it petitions for 

extension or amendment to the grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted the exemption, 

then the operator must petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection 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 flight. The PIC who conducts the functional test flight must 

make an entry in the aircraft records.
18

12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant sections 

of the operating documents.

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

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

14. The 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 complete an FAA approved Ground School and Spaceport

Indiana Training Program (including hands on flight training)

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

operator’s qualification criteria and demonstrates the ability to safely operate the UAS in 

a manner consistent with how the UAS will be operated under the exemption, 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 the exemption. However, training 

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

proficiency, and experience-building flights, all persons not essential for flight operations 

are considered nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 

C.F.R.1.1.All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA office 

closest to proposed area of operations. Flights under special visual flight rules (SVFR) 

are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a 

predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents.
19

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

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any operations under 

the grant of exemption. This COA will also require the operator to request a Notice to 

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

the operation. All operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by 

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

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable.

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:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an accident. 

The operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and;
20

c. Operations nearer to the PIC, SO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property 

with permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each flight to 

be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must 

be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b)

Would Not Adversely Affect Safety.

Spaceport Indiana submits that the 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 or 

Typhoon QRS 500 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or Typhoon QRS 

500 UAS in a manner consistent with the exemption, including evasive and emergency 

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

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

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary 

to safely operate the DJI Phantom 3 and Typhoon QRS 500 UAS, Spaceport Indiana submits that 

the additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Spaceport Indiana’s specific proposed flight 

operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 

11150, 11153, 11156, 11158, 11159, 11160, 11161).

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

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI 

Phantom 3 or Typhoon QRS 500 UAS training and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 3 or Typhoon QRS 500 UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and 

logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS 
21

rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same 

make and model of UAS to be used for operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an equivalent level of safety

during Spaceport Indiana’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would 

ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total 

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also 

have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same 

make and model of UAS to be used for operations under the 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 multi-rotor 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 flight-hour

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

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

also finds that prior documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and

experience-building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to operate the UA with appropriate distances in 

accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Spaceport Indiana will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 3 or Typhoon QRS 500 UAS unless that PIC has demonstrated, by meeting 

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

Phantom 3 or Typhoon QRS 500 UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.
22

2. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would 

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, Spaceport Indiana will ensure that the DJI Phantom 3 and Typhoon QRS 500 UAS 

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

as stated in the conditions and limitations herein. Additionally, the FAA has previously granted 

relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161).

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

Adversely Affect Safety.

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

altitude information of the DJI Phantom 3 and Typhoon QRS 500 UAS will be provided to the 

PIC via GPS equipment and a radio communications telemetry data link, which downlinks from 

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

combined with Spaceport Indiana’s operation of the DJI Phantom 3 and Typhoon QRS 500 UAS 

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 

UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 

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

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

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 and 

Typhoon QRS 500 UAS; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, Spaceport Indiana will ensure that it will 

safely operate the battery powered DJI Phantom 3 and Typhoon QRS 500 UAS during daylight 

hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 and 

Typhoon QRS 500 UAS; the limitations on the proposed flight operations; and the location of 

the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 and Typhoon QRS 

500 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences 
23

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

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

DJI Phantom 3 and Typhoon QRS 500 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

circumstances 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, 11158, 11159, 11160, 11161).

6. Reasons Why an Exemption from the Requirements of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, Spaceport Indiana submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because

Spaceport Indiana will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the 

operating documents (i.e., Spaceport Indiana Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual). Furthermore, Spaceport Indiana will document and 

maintain all maintenance records for the DJI Phantom 3 and Typhoon QRS 500 UAS. Since the 

DJI Phantom 3 and Typhoon QRS 500 UAS will be inspected as prescribed by the operating 

documents, Spaceport Indiana will maintain the equivalent level of safety established by 

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

QRS 500 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 

and Typhoon QRS 500 UAS Maintenance LOG are attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because Spaceport Indiana will 

use trained technicians to perform maintenance, alterations or preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 and 

Typhoon QRS 500 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.
24

In consideration of Spaceport Indiana’s proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 and Typhoon QRS 500 UAS, Spaceport Indiana 

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

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161).

7. The FAA May Prescribe Any Other Conditions 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, Spaceport Indiana requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 3 and Typhoon QRS 

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

a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited 

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

commercial real estate, civil landscapes, STEM educational opportunities, public service training

and events over certain areas of the United States for compensation or hire. FMRA Section 333 

sets forth the requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification in accordance with any 

requirements that must be established for the safe 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 and Typhoon QRS 500 UAS, since the airworthiness regulations 

of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the

following: If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a 

novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft 

engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 and 

Typhoon QRS 500 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 Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
25

• A Summary that can be published In the Federal Register, stating: The

Rules from Which Spaceport Indiana Seeks Exemption:

Spaceport Indiana seeks exemption from the requirements of 14 C.F.R

Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description of the Nature of the Exemption Spaceport Indiana Seeks:

This exemption will permit Spaceport Indiana to commercially operate an Unmanned 

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

certain areas of the United States.

• Any Additional Information, Views, or Arguments Available To Support

Spaceport Indiana’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Spaceport Indiana’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise poses a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification. As 

discussed in detail above, Spaceport Indiana will operate the DJI Phantom 3 and Typhoon QRS 

500 UAS 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, Spaceport Indiana seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 3 and Typhoon QRS 500 UAS commercially, without an 

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

STEM education and training, Homeland Security support, and public agency training 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 Spaceport Indiana to safely, efficiently, 

and economically operate the DJI Phantom 3 and Typhoon QRS 500 UAS commercially within 

the NAS.
26

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Spaceport Indiana respectfully requests 

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 and Typhoon 

QRS 500 UAS commercially for the purpose of conducting aerial video and photography, STEM 

education and training, Homeland Security support, and public agency training over certain areas 

of the United States.

Respectfully submitted,

Brian L. Tanner

President

The Indiana Space Agency Inc. dba Spaceport Indiana

144 Tracy Ridge Blvd.

New Whiteland, Indiana 46184

www.spaceportindiana.com

btanner@spaceportindiana.com

T: (765) 606 1512

Appendices:

A – Link to DJI Phantom 3 Manual: Click on link below

http://download.djiinnovations.

com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf