July 13, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Petition of Bice Image and Design for Exemption Pursuant to Section 333 of the 

FAA Reform Act

Petitioner’s Name and Address:

Bice Image and Design LLC

Owner: Kevin Bice

Address: 10300 Canyon Vista Rd, Moreno Valley CA 92557

Email: kevbice@outlook.com

Mobile Phone: 951.522.7890

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, Bice Image and Design LLC, operator of Small Unmanned 

Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, 

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) 

to allow commercial operation of its sUASs, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.1

As described more fully below, the requested exemption would permit the operation of 

small, unmanned, and relatively inexpensive sUAS under controlled conditions in 

airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if 

granted, would allow Bice Image and Design LLC to conduct commercial operations of 

sUAS’s meeting or exceeding all of the operational and safety requirements Congress has 
set forth in Section 333. 

Bice Image and Design LLC is a graphic design and photography company owned and 

operated by Kevin Bice. Kevin Bice has education from California State University San 

Bernardino for Business Marketing, and is graduating from California Baptist University

in the coming spring with Bachelors degrees in Graphic Design and Photography. The 

purpose of Bice Image and Design LLC is to provide graphic design, photography, and 

videography services for marketing purposes in the areas of Southern California. Kevin 

Bice has over 10 years in Remote Controlled Aircraft (“RCA”) experience in both fixed 

wing and rotary aircraft. 

Bice Image and Design LLC plans to use the capabilities of sUASs to offer a multitude of 

services, including:

• Aerial surveying of properties owned by clients

• Architectural and landscape photography

• Real Estate and Commercial Real Estate Photography and presentation

• Aerial filmmaking and photography

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil 

Unmanned Aircraft Systems (UAS) operations in the National Airspace System (“NAS”). 

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems 

may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the 

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it 

clear that Section 333 provides a mechanism for “expedited operation authorization” if 

several factors are met. Petitioner meets all requirements to permit FAA approval of 

commercial UAS operations.
The name and address of the applicant are:

Name: Bice Image and Design LLC

Owner: Kevin Bice

Address: 10300 Canyon Vista Rd

Phone: 951.522.7890

Email: kevbice@outlook.com

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, 

the reduction of personnel needed to operate equipment, reduced noise levels and zero 

emissions into the environment. In addition to providing cost savings and having little to 

no impact on the environment, sUASs provide enhanced safety. These factors are 

beneficial for, and in the best interest of, the public. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without delay.

Kevin Bice is requesting an exemption to enable Bice Image and Design LLC to operate 
a DJI Phantom 3 and Inspire 1, sUASs that are upgraded to latest version firmware, 

equipped with a 3 axis stabilization gimbal (Phantom 3) and Zenmuse camera gimbal

(Inspire 1), These sUASs will not be flown at the same times, the reason for inclusion 

of both sUASs is to be granted exemption for both sUASs, both which use High-Def 

video cameras that can capture up to 4K (4096x2160p) video and 12M pixel photos.

These sUASs have a built-in capability to limit 1) the height they fly above the ground 

and 2) the radius of the distance they fly from the operator. The DJI Phantom 3 and 

Inspire 1 also have failsafe functions of the autopilot system, which means, when the 

communication between the Main Controller and the transmitter is disconnected, the 

outputs of all command sticks from controller will go to the center position. If the GPS 

signal is good enough, the system will automatically trigger Return to Home and will 

land safely.

Please refer to Attachments1-4 for the DJI Phantom 3 Instruction Manual, for the 

performance limitations and flight operations.

Aircraft Weight is 1645 Grams or 3.62 pounds with battery, which is the total gross 

weight.

Please refer to attachments 4-6 for the DJI Inspire 1 Instruction Manual, for the 

performance limitations and flight operations.

Aircraft weight is 2935 grams or 6.47 pounds with battery, which is the total gross 

weight.

A pre-flight inspection will be performed by the PIC in accordance with the factory

instruction manual, as well as redundant checks to include the Internal Measurement Unit 

(IMU) to make sure that the compass, gyro and acceleration values are within specs, 

positive GPS locks are secure, battery health in each individual LiPo cells are balanced, 

and radio signals are locked in.

The sUASs will be maintained in accordance with the manufacturer’s instruction manual 

and only manufacturer's authorized replacement parts will be used.
FCC Information

The DJI Phantom 3 transmitter used for controlling the sUAS complies with part 15 of 

the FCC rules. Operation is subject to the following two conditions: (1) This device may

not cause harmful interference, and (2) this device must accept any interference received, 

including interference that may cause undesired operation. The DJI Phantom 3 radio 

transmitter used for controlling the sUAS is wireless technology, which has been tested 

and found to be compliant with the applicable regulations governing a radio transmitter in 

the 2.400 GHz- 2.483 GHz range.

The DJI Inspire 1 transmitter used for controlling the sUAS complies with part 15 of the 

FCC rules. Operation is subject to the following two conditions: (1) This device may not 

cause harmful interference, and (2) this device must accept any interference received, 

including interference that may cause undesired operation. The DJI Inspire1 radio 

transmitter used for controlling the sUAS is wireless technology, which has been tested 

and found to be compliant with the applicable regulations governing a radio transmitter in 

the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the DJI Phantom 3 and Inspire 1 transmitters, the PIC will maintain a 

separation distance of at least 5 cm between his body (excluding fingers, hands, wrists, 

ankles and feet) and the antenna to meet RF exposure safety requirements as determined 

by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a Light Sport Pilot Certificate and a current State issued 

drivers license, plus at least 2 hours flying time and 5 takeoffs and landings within 30 

days in the type of UAS utilized in operations. 
The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties 

include all preflight preparation and inspection, in flight operation, post flight 

requirements, and all procedures including but not limited to: 

• Safe in flight operations 

• Risk evaluation 

• Current weather conditions for safe flight

The Observer must have the visual acuity to observe the sUAS and be able to 

communicate clearly with the PIC. The Observers duties are:

• Warning the PIC of any impending obstacles in the flight path of the sUAS.

• Warning the PIC of any deviations in the planned flight path of the sUAS.

• Warning the PIC should any unauthorized personnel appear in the area of the

planned flight.

 The Observer will have the authority to order the PIC to terminate the flight should he 

feel the flight can not be conducted safely.

General Operating Standards

• Bice Image and Design LLC will only operate its sUASs in line of sight of a pilot 

and/or observer and will operate at sites that are a 'sufficient distance' from 

populated areas. Such operations will insure that the sUASs will "not create a 

hazard to users of the national airspace system or the public."

• Before an operation of the sUASs within 5NM of an airport with a control tower, the 

control tower will be called to gain permission to operate the sUASs. The PIC 

will give the position, altitude and the times the sUASs will be operated. The 

sUASs will not be operated at an altitude of over 200 feet AGL. Weather 

minimums will be 3 miles visibility and a 1000-foot ceiling.

· Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators 

will be notified and the PIC will give the right of way to avoid flying in the proximity of 

full-scale aircraft. At no time will the sUASs be operated within the final approach course 

and the takeoff course of any runway. The sUASs will not be operated at an altitude of 
over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000-foot

ceiling.

• Maximum flight time for each operational flight will be 15 minutes.

• Flights will be terminated at 30% battery power reserve should that occur prior to the

15 minute limit. 

• The sUASs will be programmed so that they will not be operated at an altitude of no 

more than 200 feet AGL, and not more than 200 feet above an elevated platform 

from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual 

Observer.

• The sUASs operated by the petitioner weigh less than 55 pounds, including the 

payloads (i.e. camera, lens, and gimbals).

• The sUASs will operate at speeds of no more than 25 knots, can hover, and can 

simultaneously move vertically and horizontally.

• Given the small size of the sUASs and the restricted sterile environment within which 

they will operate, my sUASs operations adhere to the Reform Act's safety 

requirements.

The sUASs, powered by batteries, are smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel. The sUASs operate at lower altitudes with no 

persons on board and will thereby reduce current risk levels, enhance safety and diminish 

the likelihood of death or serious bodily injury. With a small payload and maximum 

flight time of only 15 minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. The benefits of reduced costs and improved quality of 

presentation from the sUASs over manned aircraft will be valuable to and benefit many

buyers and sellers of real property including commercial buildings, all while remaining 

subject to all limitations cited below:

a No flight will be made with a Gross weight exceeding 55 pounds;

b All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an 
airspeed of no more than 25 knots and no further than 1600 ft, or 0.263 NM from 

the PIC;

c All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

d Operations will be restricted to flights over private property with the permission of the 

property owner;

e All required permits will be obtained from state and local government prior to 

operation;

f Bice Image and Design LLC will not be operated over densely populated areas;

g Bice Image and Design LLC will not be operating over any open-air assembly of 

people;

h Bice Image and Design LLC will not be operating over heavily trafficked roads; (i) 

Bice Image and Design LLC will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Bice Image and Design LLC requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the operation of the 

sUASs Systems:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the FAA continues to work to develop airworthiness standards for Unmanned Aerial 

Systems, I request an experimental certificate be issued for the DJI Phantom 3 and DJI 

Inspire1 under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes:

a Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft.

b Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show 
compliance for issuance of type and supplemental type certificates, flights to 

substantiate major design changes, and flights to show compliance with the 

function and reliability requirements of the regulations. Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, I would expect that an experimental 

certificate would permit my commercial purpose as well. The aircraft will not 

carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the sUASs lightweight, being 

constructed primarily of carbon fiber and plastic, I propose that the sUASs will be 

at least as safe, if not safer, than a conventionally certificated aircraft performing 

the same mission. If an experimental airworthiness certificate is not appropriate 

for this application, then I request an exemption of 14 CFR Part 21, Subpart H, 

and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the 

cabin, cockpit, or pilot station. The sUASs do not have an entrance in which the word 

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to 

it by the FAA. I propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the aircrafts, as shown above, where the 

PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft 

while it is preparing for launch will be able to see the designation. Additionally, I feel 

that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, I will display at the ground station 

a high contrast flag or banner that contains the words "Unmanned Aircraft Ground 

Station" in letters 5 inches high or greater. Since the aircraft will operate within 0.263 

NM of the ground station, the banner should be visible to anyone that observes the 

aircraft and chooses to investigate its point of origin.
14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as 

pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a 

private pilot to act as pilot in command 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. Our proposed 

operations require that the PIC must hold at least a Private Pilot Certificate with a Class 

III Medical issued by the FAA and since the aircraft cannot carry passengers or property, 

I feel I meet the intent of 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. I assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. I

request an exemption to this requirement since the aircraft is not only too small to carry

documentation, the documentation would not be available to the crew during flight 

operations. To obtain an equivalent level of safety and meet the intent of 91.9, I propose 

that a current, approved sUASs Flight Manuals must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for flight, and be ready for 

presentation for any governing official upon request.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests
The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls. Although the 

DJI Inspire 1 is capable of duel/linked controls, Bice Image and Design LLC will be 

operating with a single remote controller for the DJI Inspire 1 and Phantom 3.

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical 

mission of the sUASs would be to acquire photographs or video of buildings or 

commercial structures, it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property where permission has been obtained 

and careful preplanned flight path has been performed. The aircrafts will be operated at a 

low altitude allowing, if a power unit fails, an emergency landing without undue hazard 

to persons or property on the surface. Therefore I maintain that due to the small size of 

the sUASs, the hazard to persons, vehicles and structures is minimal compared to manned 

aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS’s will always fly 

below 200 feet AGL and will not need to maintain cruising altitudes in order to prevent 

conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS’s on-board computer to the display

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. I feel the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. The sUAV’s are battery operated 

and the maximum duration of flight from a single battery charge is 18 minutes with a 
20% reserve. Since the aircraft will never fly more than 0.263 NM from the point of 

intended landing, a full battery charge at launch will ensure that I meet the reserve energy

requirement of this paragraph. I request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum 

gross weight of 3.26 and 6.47 pounds, the sUASs are too small to carry documentation, 

do not have an entrance, and are not capable of carrying passengers or crew. To obtain an 

equivalent level of safety and meet the intent of 91.203, I propose that documents deemed 

appropriate for these aircraft by the FAA will be with the crew at the ground control 

station and available for inspection upon request. In order to identify the aircraft, I

propose that the information found on airworthiness and registration certificates be 

permanently affixed to the aircraft via placard containing the following information plus 

the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircrafts be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. It is my intention that 

the PIC perform maintenance and inspection of the aircraft and "be authorized to approve 

the aircraft for return to service." The PIC will ensure that the aircrafts are in an 

airworthy condition prior to every flight and in addition conduct detailed inspections after 

every two hours of flight. Maintenance performed by the PIC is limited to, replacing a 

propeller, checking electrical connections and updating software and firmware for the onboard computer. The manufacturer or their designated repair facility will perform all 
other maintenance. The PIC will document work performed in accordance with 91.417. I

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety.

Safety and Benefits of the UAS

Bice Image and Design LLC will be using the sUASs in a variety of applications that 

generally require expensive full-size manned aircraft to complete. Small, light, unmanned 

aerial vehicles offer more efficient and safer benefits over the use of full-sized manned 

aircraft for aerial photography, film and still photography, real estate and commercial real 

estate marketing. Bice Image and Design will be able to provide services to clients that 

have not been available before the technology became accessible. The benefits that come 

along with the permitted use of the sUASs are immense, and provide valuable image and 

video, useful for garnering interests in potential consumers, benefiting all parties 

involved. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with 

small UAS carrying no passengers or crew creates a much greater margin of safety for 

the pilots and crew. By granting Bice Image and Design LLC ‘s requested exemptions, 

the FAA will help drive development of safe and successful commercial UAS operations 

and will advance the public knowledge base for such operations. Bice Image and Design 

LLC is committed to promoting the UAS research efforts of policymakers including the 

FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations 

and serving as a resource for future UAS research operations. Thus, the FAA has good 

cause to grant this Petition.

Conclusion

As pointed out in this application, the DJI Phantom 3 and DJI Inspire 1, which I would 

use, under authorization by the US DOT-FAA, are small, light-weight devices operated 

within the line of sight of the Pilot-in-Command (PIC), less than 200 feet above the 

ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other 

location with aviation activities, unless the air traffic control authorities (ATC) have been 
notified and have authorized each flight within a radius of this distance.

The DJI Phantom 3 and DJI Inspire1 have been proven capable for controlled flight. 

They are both UAS offered for general sale on the market around the world and have 

often been used as Model Aircraft in the USA. I am certain that the studies conducted 

until now by the FAA, about Section 332, Public Law 112-95, 2014, have already

provided you with the assurances on the airworthiness of sUASs such as mine.

For the foregoing reasons, the exemptions requested herein should be granted and Bice 

Image and Design LLC should be permitted to conduct small UAS operations in 

accordance with its manuals and all other operating parameters deemed necessary and 

appropriate by the FAA.

The submission of this application and its contents is the best demonstration that indeed it 

is possible to pursue the authorization process so that some sUASs may be used for 

legitimate commercial activities and under reasonably safe conditions. Thank you for 

your time. 

Formally Signed

Kevin Bice

Bice Image and Design LLC

God Bless