July

13, 2015 U. S. Department of Transportation Docket Management Sy stem 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 Im age and Design LLC Owner: Kevin Bice Address: 10300 Can yon 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 Im age and Design LLC , operator of Small Unmanned Aircraft Sy stems (“sUASs”) equipped to conduct aerial photography and videograph y, hereb y 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 b y the FAA as requ ired b y Section 333.1

As described more full y 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 hasset forth in Section 333.

Bice Im age and Design LLC is a gr aphic design and photography compan y owned and operated b y 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 Im age and Design LLC is to provide graphic design, photography , and videograph y services for marketing purposes in the areas of Southern California

. Kevin Bice has over 10 ye ars in Remote Controlled A ircraft (“RC A ”) experience in both fixed wing and rotary

aircraft.

Bice Im age and Design LLC plans to use the capabilities of sUASs to offer a multitude of services, including:

• Aerial surveying of properties owned b y clients

• Architectural and landscape photograph y

• Real Estate and Commercial Real Estate Photography and presentation

• Aerial filmmaking and photograph y Statutory Authorit y Section 333, titled “Special Rules for Certain Unmanned Aircraft Sy stems”, provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft Sy stems (UAS) operations in the National Airspace S ys tem (“NAS”). Section 333(a) states that the FAA “shall determine if certain unmanned aircraft s ys tems may operate safel y in the national ai rspace s ys tem before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required b y section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism fo r “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 Can yon 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. Inaddition 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. Accordingl y, the applicant respectfull y requests that the FAA grant the requested exemption without delay

.
Ke vin Bice is requesting an exemption to enable Bice Image and Design LLC to operatea DJ I Phantom 3 and Inspire 1, sUAS s that are upgraded to latest version firmware,

equipped with a 3 axis stabilization gimbal (Phantom 3) and Zenmuse camera gimbal (Inspire 1) , **These sUASs wil l 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 camera s that can capture up to 4K (4096x2160p) v ideo and 12M pixel photos. These sUAS s have a built

- in capa bility to limit 1) the height they fly above the ground and 2) the radi us of the distance they fl y from the operator. The DJ I Phantom 3 and Inspire 1 also have failsafe function s of the autopilot sy stem, 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 sy stem will automatically trigger Return to Home and will land saf el y.
Please refer to Attachments 1

- 4 for the DJ I 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 DJ I 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 b y 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, gy ro and acceleration values are within specs, positive GPS locks are secure, battery health in each indivi dual L iPo cells are balanced, and radio signals are locked in.

The sUAS s will be maintained in accordance with the manufacturer’s instruction manual and only manufacturer's authorized replacement parts will be used.**FCC Information**

The DJ I 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 DJ I 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 DJ I 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 an y interference received, including interference that may cause undesired operation. The DJ I Inspire 1 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 Dista nce**  When operating the DJ I Phantom 3 and In spire 1 transmitter s , the PI C 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 d etermined by FCC regulations.
**Pilot in Command and Observer Qualifications and Duties** The PI C 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 landing s within 30 day s in the t ype of UAS utilized in operations.The PI C 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 clearl y with the PI C. The Ob servers duties are:

• Warning the PIC of an y i mpending obstacles in the flight path of the sUAS.

• Warning the PIC of an y 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 PI C to terminate the flight should he feel the flight can not be conducted safel y. **General Operating Standards**

• Bice Im age and Design LLC will only operate its sUAS s 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 sUAS s will "not create a hazard to users of the national airspace system or the public."

• Before an operation of the sUAS s within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS s . The PI C will give the position, altitude and the times the sUASs will be operated. The sUAS s will not be operated at an altitude of ov er 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 fl yi ng in the proximity of full

- scale aircraft. At no time will the sUAS s be operated within the final approach course and the takeof

f course of any

runway . The sUASs will not be operated at an altitude ofover 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000

- foot ceiling.

• Maximum flight time for ea ch 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 fil ming is planned.

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

• The sUASs o perated b y the petitioner weigh less than 55 pounds, including the payload s (i.e. camera, lens, and gimbals).

• The sUAS s 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, m y sUASs operations adhere to th e Reform Act's safet y requirements.

The sUAS s, powered b y batteries, are smaller, lighter and more maneuverable than larger aircraft running on combustible fuel. The sUAS s operate at lower altitudes with no pe rsons on board and will thereb y reduce curre nt risk levels, enhance safety and diminish the likelihood of death or serious bodily injury . With a small payload an d maximum flight time of onl y 15 minutes, this offers little or no risk to national security

. Low level oblique photos and video from seve ral 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 cost s and improved quality of presentation from the sUAS s over manne d aircraft will be valuable to and benefit many buyers and sellers of real propert y 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 anairspeed of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PI C;
c All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate b y voice at all times during a flight operation; d Operations will be restricted to flights over private property with the permission of the propert y owner; e All required permits will be obtained from state and local government prior to operation; f Bice Im age and Design LLC will not be operated over densel y populated areas; g Bice Im age and Design LLC will not be operating over an y open - air assembly of people; h Bice Im age and Design LLC will not be operating over heavil y trafficked roads; (i) Bice Im age an d Design LLC will not be operating at night.
**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY** Bice Im age and Design LLC requests an exemption from the following regulations as well as an y additional regulations that may technically

ap pl y to the operati on of the sUASs Sy stem s : **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 Sy stems, I request an experimental certificate be issued for the DJ I Phantom 3 and DJ I Inspire1 under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: a **Research and develo**

**pment**

. 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 showcompliance for issuance of ty pe and supplemental ty

pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability

requi rements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations , and customer crew training, I would expect that an experiment al certificate would permit my commercial purpose as well. The aircraft will not
carry persons or propert y, will not carry fuel, and will only

fly under strict operational requ irements. Combined with the sUAS s lightweight , being constructed primarily of carbon fiber and plastic, I propose that the s UAS s w ill be at least as safe, if not safer, than a conventionall y certificated aircraft performing the same mission. I f 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 sUAS s do not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration numb er assigned to it by the FAA. I propose to achieve an equivalent level of safet y b y including the word "EXPERIMENTAL" in the placard on the top of the aircraft s , as shown above, where the PI C (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 employ ment 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 PI C must hold at least a Private Pilot Certificate with a Class III Medical issued b y the FAA and si nce the aircraft cannot carry passenger s 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**
**cer tificate**  . 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 requi rement 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 s UAS s Flight Manual s must be available to the crew at the ground station an yt ime the a ircraft is in, or preparing for flight, and be ready for presentation for an y governing official upon request.

**14 CFR 91.109 Flight Instruction; Simulated instrument fl ight 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 full y functioning dual controls. Although the DJIInspire 1 is capable of duel/linked controls, Bice Image and Design LLC will be operating with a single remote controller for the DJIInspire 1 and Phantom 3

.
**91.119 Minimum safe altitudes** : General. The regulation states that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, vehicle, or structure. Since the t ypical mission of the sUAS s would be to acquire photogr aphs or video of building s or commercial structures , it would be necessary to operate closer than 500 feet to the items listed. Operations will only b e flown over propert y where permission has been obtained and careful preplanned flight path has been performed. The aircraft s will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or prope rty

on the surface. Therefore I maintain that due to the small size of the s UAS s , 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 N M of the aircraft. The sUAS ’s will alway s fl y 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 b y the PI C, 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 fl y 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 delay s to landin g. The sUAV ’s are battery operated and the maximum duration of flight from a single battery charge is 18 minutes with a20% reserve. Since the aircraft will never fl y more than 0.263 NM from the point of

intended landing, a full battery char ge at launch wi ll ensure that I meet the reserve energy
r equirement 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 "display e d at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross we ight of 3.26 and 6.47 pounds, the sUAS s are too sm all 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 docum ents deemed appropriate for these aircraft b y the FAA will be with the crew at the ground control station and available for inspection upon request. In order to ide ntify the air craft, I propose that the information found on airworthiness and registration certificates be permanentl y affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CF R 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 airworth y condition, including compliance with part 39 an d 43. Paragraphs 91.407 and 91.409 require that the aircraft s be "approved for return to service by a person authorized under 43.7" after maint enance and inspection. It is my intention that the PI C perform maintenance and inspection of the aircraft and "b e authorized to approve the aircraft for return to service." The PI C will ensure that the aircraft s are in an airworth y 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 on

board computer. The manufacturer or their designated repair facility will perform allother maintenance . The PIC will document work p erformed 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 Im age and Design LLC will be using the s UAS s in a variet y of applications that generall y 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
a ircraft for aerial photography , film and still pho tograph y, 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. T he benefits that come along with the permitted us e 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 Im age and Design LLC is committed to promoting the UAS research efforts of policy makers 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 DJ I Phantom 3 and DJ I 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 (PI C), less than 200 feet above the ground and outside 5 miles from an y ai rport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have beennotified and have authorized each flight within a radius of this distance.

The DJ I Phantom 3 and DJIInspire1 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 M odel 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 sUAS s such as m ine

. For the foregoing reasons, the exemptions requested herein should be granted and Bice Image and Design LL C should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and app ropriate b y the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the auth orization process so that some s UA S s may be used for legitimate commercial activities and under reasonably saf e conditions. Thank you for yo ur time.

Formall y Signed Kevin Bice Bice Im age and Design LLC

God Bless