BTV Drones Petition for Exemption – Section 333

July 13 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Electronically submitted via regulations.gov from:

BTV Drones

383 College St. Burlington, VT 05401

contact@btvdrones.com (802)448-0403

BTV Drones is requesting a petition for exemption (Section 333) to fly a SUAS for

the purpose of conducting aerial videography and photographing which includes property 

inspections, aerial acquisition (mapping), real estate other applicable areas

for pre-planned controlled areas. By using a SUAS we can inspect infrastructure and property to 

find failure points for re-evaluation. We will also provide opportunities to get aerial views for 

clients that request us to get cinematography that was previously un-accessible. By using a 

SUAS we will be able to assist contractors, home owners, property owners as well as real estate 

agents at a reduced risk. We are seeking exemption from several CFR’s as noted below that 

remain burdensome to BTV Drones doing business and growing. We believe and will provide 

supporting documentation that BTV Drones can provide a level of safety greater than or equal 

to the rules we are seeking exemption from. This request is in the public interest, our interest 

and our local communities interest here in rural Vermont and New England. We have 

completed due diligence and have noticed potential impacts from safety to economic impacts 

to information quality.

Aircraft:

BTV Drones is currently in the process of registering (1) DJI Phantom 3 Professional SUAS.
The name and address of the application is:

BTV Drones

Jordan D. Wires

CEO

Phone: (802)448-0403

Email: contact@btvdrones.com

Address: 383 College St. Burlington, VT 05401

BTV Drones currently operates 1 type of registered SUAS and is registering an 

additional model to the fleet

 DJI Phantom 3 (N383BT)

 Blade 350 QX3 (currently registering)

Maintenance Inspections

91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have

that aircraft inspected as prescribed in subpart E of the same part and shall,

between required inspections, except as provided in paragraph (c) of the same

section, have discrepancies repaired as prescribed in part 43 of the chapter.

91.407 (a)(1); prohibits, in pertinent part, any person from operating an aircraft that

has undergone maintenance, preventive maintenance, rebuilding, or alteration

unless it has been approved for return to service by a person authorized under §

43.7 of the same chapter.

91.409 (a)(1) and (2); prescribes that no person may operate any aircraft unless,

within the preceding 12 calendar months, it has had an inspection for the issuance

of an airworthiness certificate in accordance with part 21 of this chapter.

91.417 (a)(b) The above-cited Regulations require, amongst other things, aircraft owners and

operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will

not, therefore, apply to out UAS. However, as a safety precaution BTV Drones shall

inspect all UAS before and after each flight.

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or

maintain the aircraft in compliance with Part 43. Given that these sections and Part

43 apply only to aircraft with an airworthiness certificate, these sections will not

apply. Maintenance will be accomplished by the operator pursuant to the Phantom

user manual and guide. An equivalent level of safety will be achieved because these

small SUASs are very limited in size, will carry a small payload, and operate only in

restricted areas for limited periods of time. If mechanical issues arise, the SUAS can

land immediately and will be operating from no higher than 400 feet AGL. Further,

the operator will ensure that the SUAS is in working order prior to initiating flight

and perform maintenance as required. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety.

UAS Equipment

BTV Drones plans to utilize a DJI Phantom 3. BTV Drones will operate the SUAS

in a safe manner fully aware of the NAS minimizing risk on both the ground and air.

With full VLOS (visual-line-of-sight) and redundant systems on board as well as GPS the SUAS 

will be carefully guided to inspect infrastructure Property. BTV Drones shall

officially register the SUAS with the FAA before any flights commence. SUAS are less than 50lbs 

and fly less than 30 MPH and under 400ft. Flights will be ceased and SUAS will return to home 

at 20% battery power. A Return to Home (RTH) feature is activated and can be used should 

connectivity or power issues transpire.

Radio Frequencies

2.4GHz and 5.8GHz Radio Spectrum Frequencies will be used to communicate and provide

live video feeds from the SUAS to a ground station. All frequencies and usage will comply

with existing FCC bands. 

Procedures Privacy

All Preflight checklists will be followed accordingly. Maintenance and repairs will be logged and 

batteries will be logged as well. Any potential obstructions in the current environment will be 

noted. Wind speeds must be less than 15Mph for a safe flight.

Privacy

All flights will occur over private or controlled access property with the property owner’s or

controlling authority's prior consent and knowledge. Aerial photography/filming will be of 

people who have also consented to being photographed or otherwise have agreed to be in the 

area where filming will take place.

Operation of UAS / Privacy / Public Safety

BTV Drones is aiming to work with clients in the real estate, home inspectors and

videography space in primarily Vermont to start. We feel that using a SUAS will complement 

existing technologies and equipment that is being used today but also provide a greater level of 

safety than alternatives.
BTV Drones shall conduct operations in VFR VMC weather during daylight hours

outside of Class B airspace and outside of 5 mile area of Class D/C airport unless

approved in the COA. In addition, flight altitudes will be no higher than 400FT AGL.

All operations will be conducted line of sight (LOS). We are aware a clearance in the

form of a COA will be needed to conduct any operations outside of Class G airspace

from the local controlling authority (Tower or FSDO). In addition any needed

NOTAMs will be completed 48 hrs before flights.

Possible hazards will be outlined in initial safety briefings and avoided.

Hazards can include power lines, tall structures and mechanized moving

equipment. “See and Avoid” rules using VLOS will be followed to minimize NAS

impacts. Further, permissions must be granted or approved over private or public

lands where the UAS is operating. COA will be secured before flights as required by latest FAA 

guidance. TFRs, NOTAMS, weather etc will all be recognized / utilized as applicable.

Since the areas being photographed or filmed will be on primarily private property,

accessed only after given written and/or oral consent by the property owner(s), and

clear of all people, except for the PIC and the PIC's helper(s), approval of this

application presents no risk to the public privacy.

We look forward to working together to get this approved if necessary. Please contact us if you require 

any additional information or clarification.

Respectfully,

Jordan Wires, Owner-Operator - BTV Drones

383 College St. Burlington, VT 05401