UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Buckley Thomas Burkhardt

Commercial Pilot Rotorcraft Certificate Number 3018000

FOR AN EXEMPTION SEEKING RELIEF 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 2 VISION+/3D ROBOTICS SOLO UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on April 25, 2015 

Buckley Thomas Burkhardt

13045 Fortner St

Newton, AL 36352

334-618-8051
2

TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS...................................................................................3 

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

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

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

BASIS FOR PETITION........................................................................................................5 

NAME AND ADDRESS OF PETITIONER............................................................7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Buckley Thomas 

Burkhardt SEEKS EXEMPTION..............................................................................8 

THE EXTENT OF RELIEF Buckley Thomas Burkhardt SEEKS AND THE 

REASON Buckley Thomas Burkhardt SEEKS THE RELIEF............................11 

THE REASONS WHY GRANTING Buckley Thomas Burkhardt's REQUEST 

WOULD BE IN THE PUBLIC INTEREST ........................................................15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY.........................................................................19 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....34 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT Buckley Thomas Burkhardt's REQUEST.............34 

CONCLUSION....................................................................................................................35 

APPENDICES.........................................................................................36

 
3

 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle 

P2V+ DJI Phantom 2 Vision+

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

3DRS 3D Robotics Solo

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) Section 333

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 Take-Off and Landing
4

SUMMARY

 Buckley Thomas Burkhardt 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 pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will 

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

conducting aerial video and photography of construction sites, real estate, insurance and

landscape over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Buckley Thomas Burkhardt provides his clients with expertise and knowledge in advanced 

photography and video solutions to increase efficiency, productivity and effectiveness. 

Buckley Thomas Burkhardt has over 15 years of experience in Photographic and Video 

Technology. He has over 15 years and 4000 hours in Military and Commercial aviation 

experience in single and multi engine Helicopters. He holds an FAA Commercial Pilot 

Rotorcraft – Helicopter; Instrument Helicopter Rating, Certificate Number: 3018000. The 

objective of Buckley Thomas Burkhardt's aerial video and Photography operations is to 

provide high quality imaging for a variety of commercial, public, and residential uses, 

specifically targeting:

• Construction sites before, after and during

• Appraisals

• Real-estate marketing

• Aerial acquisitions used for inspections of public and private structures.

• Search and Rescue operations

• Insurance work for commercial, Residential, and Farming
5

BACKGROUND

Unmanned Aircraft Systems: P2V+, 3DRS UAS's Buckley Thomas Burkhardt seeks an 

exemption to operate DJI P2V+ (P2V+) & 3D Robotics Solo (3DRS) systems for 

compensation or hire within the NAS. The P2V+ and 3DRS are vertical take off and 

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

a 5.8GHz Remote Control system. Both are similar in size weight and performance. Both 

the P2V+ 3DRs have a maximum gross weight of approximately 4 pounds 8 ounces, 

dimensions of approximately length of 19 inches, width of 16 inches, height of 8 inches, 

and a maximum speed of Approximately 30 knots. Both have four main rotors; utilizing 

Lithium Polymer batteries to power the electric motors. The P2V+ and 3DRS UAS's that 

will be operated by Buckley Thomas Burkhardt 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, Buckley Thomas Burkhardt , 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 

P2V+ And 3DRS UAS’s 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, Buckley Thomas Burkhardt's operation of 
6

P2V+ and 3DRS UAS’s meets 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, Buckley Thomas Burkhardt 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. 

 Buckley Thomas Burkhardt submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Buckley Thomas Burkhardt will use experienced 

personnel or technicians to perform maintenance, alterations, or preventive maintenance on 

the UAS's using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, and P2V+ and 3DRS Instruction Manual). 

Furthermore, Buckley Thomas Burkhardt will document and maintain all maintenance 

records for the P2V+ and 3DRS UAS’s. 

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

privileges and limitations: Pilot in command, is requested by Buckley Thomas Burkhardt

to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher 

level certificate, as well as an airman medical certificate, and who has demonstrated, by 

meeting minimum flight- hour and current requirements, that the PIC is able to safely 

operate the P2V+ and 3DRS UAS’s in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

 Buckley Thomas Burkhardt seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the P2V+ and 3DRS UAS’s do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Buckley Thomas Burkhardt submits 

that he will ensure that the P2V+ and 3DRS UAS’s are in an airworthy condition, prior to every 

flight, by determining that the UAS's are in compliance with the operating documents (i.e., 
7

Monthly Maintenance Log, and P2V+ and 3DRSInstruction Manual), and that the aircraft are in 

a condition for safe flight. Buckley Thomas Burkhardt also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the P2V+ and 3DRS UAS’s will 

not have a typical barometric altimeter onboard. However, altitude information of the 

P2V+ and 3DRS UAS’s will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UAS 

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

with Buckley Thomas Burkhardt's operation of the P2V+ and 3DRS UAS’s within visual 

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 

91.121. 

Additionally, Buckley Thomas Burkhardt seeks an exemption from the requirements 

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Buckley 

Thomas Burkhardt submits that safety will not be affected by operation of the P2V+ and

3DRS UAS’s 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 10 

minutes for the intended photo shoot and, assuming normal cruising speed, to fly after that 

for at least 2.5 minutes for recovery and landing. 

In accordance with 14 C.F.R. § 11.81, Buckley Thomas Burkhardt 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:

Buckley Thomas Burkhardt

13045 Fortner St.

Newton, AL 36352

334-618-8051

Email: buckley.burkhardt@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Buckley Thomas Burkhardt

seeks 
8

Exemption 

1. Buckley Thomas Burkhardt 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.Buckley Thomas Burkhardt 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. Buckley Thomas Burkhardt 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 
9

(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. 

4. Buckley Thomas Burkhardt 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. Buckley Thomas Burkhardt 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. Buckley Thomas Burkhardt 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. Buckley Thomas Burkhardt 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 --
10

(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. 

8. Buckley Thomas Burkhardt 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 
11

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. 

(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 Buckley Thomas Burkhardt Seeks And The Reason 

Buckley Thomas Burkhardt Seeks The Relief. 

1. Extent Of Relief Buckley Thomas Burkhardt Seeks And The Reason 

Buckley Thomas Burkhardt 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 allow 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, 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, Buckley Thomas Burkhardt submits that an 

equivalent level of safety will be maintained because no PIC will be allowed to operate the 
12

P2V+ or 3DRS UAS’s unless that PIC has met certain flight-hour and current 

requirements, demonstrating that the PIC is able to safely operate either the P2V+ or 

3DRS UAS’s 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, Buckley Thomas Burkhardt submits that all flights of the P2V+ And 3DRS

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

Buckley Thomas Burkhardt's business; and (2) will not carry passengers or property for 

compensation or hire. 

2.Extent Of Relief Buckley Thomas Burkhardt Seeks And The Reason 

Buckley Thomas Burkhardt 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 Buckley Thomas Burkhardt to determine that the P2V+ and 3DRS

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

compliance with the operating documents (i.e., the Monthly Maintenance Log and P2V+

and 3DRS manuals. 

 Buckley Thomas Burkhardt seeks the requested relief because the P2V+ and 3DRS UAS's do 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, Buckley Thomas Burkhardt will ensure that the P2V+and 3DRS UAS’s are in 

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

Maintenance Log, and P2V+ and 3DRS Instruction Manual) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and 

limitations below. 
13

3. Extent Of Relief Buckley Thomas Burkhardt Seeks And The Reason 

Buckley Thomas Burkhardt Seeks Relief From Section 91.121.

 Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the P2V+ and 3DRS UAS’s, 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), Buckley Thomas Burkhardt seeks 

the requested relief because the P2V+ and 3DRS 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 P2V+ and 3DRS UAS’s 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 provides the PIC with altitude information of the UA on 

the heads-up display of the GCS. 

4. Extent Of Relief Buckley Thomas Burkhardt Seeks And The Reason 

Buckley Thomas Burkhardt 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 P2V+ and 3DRS UAS’s

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

(VFR), for a total duration of 10 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 2.5 minutes. Buckley Thomas Burkhardt 

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

duration of the battery powered P2V+ and 3DRS UAS’s will severely constrain the practicality 
14

of any aerial video or still photo flight operations that Buckley Thomas Burkhardt proposes to 

conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the P2V+ and 3DRS

UAS’s, the P2V+ and 3DRS operating documents and Buckley Thomas Burkhardt's 

proposed operating limitations, ensure that Buckley Thomas Burkhardt will safely operate the 

battery powered P2V+ and 3DRS UAS's during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a 

total duration of 10 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 2.5 minutes.

5.Extent Of Relief Buckley Thomas Burkhardt Seeks And The Reason 

Buckley Thomas Burkhardt 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, Buckley Thomas Burkhardt requests 

relief from these Sections because the P2V+ and 3DRS UAS’s do not require airworthiness 

certificates. As set forth more fully below, the P2V+ and 3DRS UAS’s meet the conditions 

of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

Buckley Thomas Burkhardt will use trained technicians to perform maintenance, alterations, 

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

prescribed in the UAS operating documents (i.e., the Aerial Operations Manual, Monthly 

Maintenance Log, and P2V+ and 3DRS Instruction Manual). Furthermore, Buckley Thomas 

Burkhardt will document and maintain all maintenance records for the P2V+ and 3DRS

UAS’s. 

D. The Reasons Why Granting Buckley Thomas Burkhardt Request Would Be In 

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

Granting the present Petition will further the public interest by allowing Buckley Thomas 

Burkhardt to safely, efficiently, and economically perform aerial video and photography of 
15

construction sites, real estate, insurance and landscape over certain areas of the United 

States. Additionally, use of the P2V+ and 3DRS UAS’s will decrease congestion of the 

NAS, reduce pollution, and provide significant benefits to the economy. Notably, the 

benefits of Buckley Thomas Burkhardt's proposed operation of the P2V+ and 3DRS

UAS’s will be realized without implicating any privacy issues. 

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

 The P2V+ and 3DRS UAS’s 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 the P2V+ and 3DRS UAS’s would reduce the 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 

P2V+ and 3DRS UAS’s 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 P2V+and 

3DRS UAS’s.

Conducting aerial acquisitions with the P2V+ and 3DRS UAS’s 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 still photography flight operations. 

By using battery power and electric motors, the P2V+ and 3DRS UAS’s produce no air 

pollution, and is the most viable environmentally conscious alternative to the cabin class, 
16

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 P2V+ and 3DRS UAS’s, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UA's are propelled by battery powered 

electric motors, rather than an internal combustion engine. 

By using the P2V+ and 3DRS UAS’s 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 P2V+ and 3DRS UAS’s (weighing approximately under 5 Pounds 

respectively, at their maximum gross weights with respectively (and with no fuel on 

board) has 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, and a fuel capacity of 180 gallons. 

3. Performing Aerial Video and Photography Operations With The P2V+

and 3DRS UAS’s Will Benefit The Economy.

In addition to being safe and efficient, the P2V+ and 3DRS UAS’s are also an 

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

operation of the P2V+ and 3DRS UAS’s will allow United States based companies, like 

Buckley Thomas Burkhardt's to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection 

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 P2V+ and 3DRS UAS’s 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. 
17

By operating the P2V+ and 3DRS UAS's, companies such as Buckley Thomas 

Burkhardt's 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 P2V+ and 3DRS UAS’s, 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, Buckley Thomas Burkhardt's proposed operation of the P2V+ and 3DRS UAS’s will 

not implicate any privacy issues. Specifically, the P2V+ and 3DRS UAS’s will be operated only 

in compliance with operating documents (i.e. Aerial Operations Manual, Monthly Maintenance 

Log, and the P2V+ And 3DRS Instruction Manual's) 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 Buckley Thomas Burkhardt Seeks 

Exemption. 

1. Reasons Why The P2V+ and 3DRS UAS’s 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, Buckley Thomas Burkhardt's operation of 

the P2V+ and 3DRS UAS’s 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 
18

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 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, Buckley Thomas Burkhardt submits that the P2V+ And 

3DRS UAS's can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by: (a) the characteristics of the P2V+ and 3DRS UAS’s; (b) the pilot certification 

requirement; and (c) the specific operating limitations.

a. The Specifications Of The P2V+ and 3DRS UAS’s Demonstrate Its Safe 

Characteristics.

The P2V+ and 3DRS UAS's 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 P2V+ and 3DRS UAS’s.
19

The technical specifications of the P2V+ and 3DRS UAS’s are set forth by the P2V+ and 

3DRS Specifications and Data Sheet, attached hereto as Exhibit A and B. 

ii. The P2V+ and 3DRS UAS’s Autonomous Flight And Navigation Modes 

Enable The UAS's To Remain Within A Defined Operational Area.

 The P2V+ may be operated in both manual and fully autonomous flight modes. The 3DRS

may be operated in both manual and fully autonomous flight modes. 

Iii. The P2V+and 3DRS UAS’s Are Designed For Automatic Return To 

Home Point Or Hover In The Event Of Loss Of The Control Link Or 

Navigation.

When the Control Link is lost, the P2V+ UAS and 3DRS will remain stationary in flight, 

for 3 seconds or more. If, after 3 seconds, the P2V+ and 3DRS due not reacquire control link data 

from the GCS, the UAS will assume that the Control Link is lost and the UAS will return to the 

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. 

b. Flight Operations Of P2V+ and 3DRS UAS’s Are Limited To The Line 

Of Sight Of A Certificated Pilot in Command With A Safety Observer.

 Buckley Thomas Burkhardt will only utilize certificated pilots who possess a current and 

valid airman medical certificate to act as a pilot in command (PIC) of the P2V+ And 3DRS

UAS’s. Additionally, a safety observer will assist all pilots during flight time. 

c. Flights Of P2V+ and 3DRS UAS’s Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, Buckley Thomas Burkhardt proposes to commercially 

operate P2V+ and 3DRS UAS's for the special purpose of conducting aerial video 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's 

weighing less than 55 pounds maximum gross weight: P2V+ and 3DRS
20

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 aerial video and photography.

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

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 UA's 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 
21

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.

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's 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 possess at least a private pilot certificate and at least a current

third-class medical certificate.

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 PIC's 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 
22

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 a letter of 

agreement with that airport’s management is obtained, and the operation is 

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

The letter of agreement with the airport management must be made available to 

the Administrator upon request.

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.

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 UAS 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 UAS must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.
23

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 UAS 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 non participating

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 UAS 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;

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.

 Buckley Thomas Burkhardt 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 

P2V+ and 3DRS UAS's unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the P2V+ or 3DRS UAS in 
24

a manner consistent with the exemption, including evasive and emergency maneuvers and 

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

Considering Buckley Thomas Burkhardt'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 P2V+ or 3DRS UAS, 

Buckley Thomas Burkhardt submits that the additional manned airmanship experience of 

a commercially certificated pilot would not correlate to the airmanship skills necessary for 

Buckley Thomas Burkhardt'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). 

 Buckley Thomas Burkhardt will not allow any PIC to operate the P2V+ or 

3DRS UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements of the P2V+ or 3DRS UAS training and currency requirements, that the PIC is 

able to safely operate the P2V+ or 3DRS 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 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). 
25

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 Buckley Thomas Burkhardt'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 experience-building 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, Buckley Thomas Burkhardt will ensure safe operations by not 

allowing any PIC to operate the P2V+ or 3DRS UAS unless that PIC has demonstrated, by 

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

operate the P2V+ or 3DRS UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety.
26

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

because prior to every flight, Buckley Thomas Burkhardt will ensure that the P2V+ or 

3DRSUAS 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 P2V+ and 3DRS UAS's 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 Buckley Thomas Burkhardt's operation of the P2V+ and 3DRS UAS’s within 

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. The altitude information will be generated by GPS equipment installed on 

board the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UAS's 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 P2V+ and 
27

3DRS UAS’s; (2) the limitations on the proposed flight operations; and (3) the location of 

the proposed flight operations. Accordingly, Buckley Thomas Burkhardt will ensure that he 

will safely operate the battery powered P2V+ and 3DRS UA's during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 10 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 

2.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the P2V+and 3DRS

UAS’s 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 P2V+

M and 3DRS UAS’s provide audible and visual warnings to the PIC at the GCS when the 

UA's experiences 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 P2V+ and 3DRS UAS’s 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.
28

In seeking this exemption, Buckley Thomas Burkhardt 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 Buckley Thomas Burkhardt will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS's using the methods, 

techniques, and practices prescribed in the operating documents i.e., the Operations 

Manual, Monthly Maintenance Log, and P2V+ and 3DRSInstruction Manual. 

Furthermore, Buckley Thomas Burkhardt will document and maintain all maintenance 

records for the P2V+ and 3DRS UAS’s. 

Since the P2V+ and 3DRS UAS’s will be inspected as prescribed by the operating 

documents, Buckley Thomas Burkhardt 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 P2V+ and 

3DRSUser Manuals are attached hereto as Exhibit C and D; a copy of the P2V+ and 

3DRSUAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption 

sought will not adversely affect safety because Buckley Thomas Burkhardt 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 

P2V+ and 3DRS UAS’s 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. 
29

In consideration of Buckley Thomas Burkhardt's proposed operating limitations, the 

operating documents, and the technical aspects of the P2V+ and 3DRS UAS's, Buckley 

Thomas Burkhardt 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, Buckley Thomas 

Burkhardt requests that the FAA prescribe special conditions for the intended operation of 

the P2V+ and 3DRS UAS’s, 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 UA's for the limited purpose of conducting 

aerial video and photography 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 P2V+ and 3DRS UAS’s, since the airworthiness regulations of 
30

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, it may prescribe 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 Buckley Thomas Burkhardt's intended operation of the 

P2V+ and 3DRS UAS’s, 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).

F. A Summary That Can Be Published In The Federal Register stating: The 

Rules From Which Buckley Thomas Burkhardt Seeks Exemption: 

Buckley Thomas Burkhardt 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 Buckley Thomas 

Burkhardt Seeks: 

This exemption will permit Buckley Thomas Burkhardt to commercially operate an 

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

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support 

Buckley Thomas Burkhardt’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 
31

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, Buckley Thomas Burkhardt 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 pose a threat to national 

security and further, provides the authority for such UAS to operate without airworthiness 

certification. 

As discussed in detail above, Buckley Thomas Burkhardt will operate the P2V+

and 3DRS UAS’s 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, Buckley Thomas Burkhardt 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 P2V+ and 3DRS UAS’s commercially, 

without an airworthiness certificate, for the limited purpose of conducting aerial video 

and photography 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 Buckley Thomas Burkhardt to safely, efficiently, and economically operate 

the P2V+ and 3DRS UAS’s commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA Modernization and Reform Act of 2012, Section 333, Buckley Thomas Burkhardt

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), 
32

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Buckley Thomas 

Burkhardt to operate the P2V+ and 3DRS UAS’s commercially for the purpose of 

conducting aerial video and photography over certain areas of the United States.

Dated: April 25, 2015

Respectfully submitted,

Buckley Thomas Burkhardt

 APPENDICES:

A - P2V+ Specifications 

B – 3DRS Specifications

C - P2V+ User Manual

D – 3DRS User Manual

E - Monthly maintenance Log 
33

APPENDIX –A

 P2V+ TECHNICAL SPECIFICATIONS

Buckley Thomas Burkhardt only utilizes safe and reliable UAS's. DJI is an industry leader 

in small UAS production. DJI UAS's are loaded with ground breaking software enabling 

the user to set parameters which will not allow flight into controlled airspace. Parameters 

can also be set to limit flight to no higher than a predetermined and set altitude as well as 

limit flight to a predetermined and set distance. In addition, DJI software provides realtime altitude and location information to the PIC via the linked monitor.

1.1 Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Batteries 5200mAH LiPo Battery

1.1.1.2 Weight, Flight –4 lbs 6 oz (3345g)

1.1.1.3 Hover Accuracy–Vertical: +/-.8m; Horizontal: +/-2.5m

1.1.1.4 Max Tilt Angel -35deg

1.1.1.5 Max Ascent/Descent Speed –6m/s

1.1.1.6 Max Flight Speed –15m/s (NOT RECOMMENDED)

1.1.1.7 Max Flight Time Appx 23 Min

1.1.1.8 Camera –14 Megapixel

 1.1.1.9 Operating Frequency 2.400GHz – 2.462GHz

 1.1.2.0 Communication Distance (unobstructed) FCC Compliance 500m

 1.1.2.1 Transmitter Power FCC Compliance 125mW
34

APPENDIX –B

 3DRS TECHNICAL SPECIFICATIONS

Buckley Thomas Burkhardt only utilizes safe and reliable UAS's. 3DR is an industry 

leader in small UAS production. 3DR UAS's are loaded with ground breaking software 

enabling the user to set parameters which will not allow flight into controlled airspace. 

Parameters can also be set to limit flight to no higher than a predetermined and set altitude 

as well as limit flight to a predetermined and set distance. In addition, 3DR software 

provides real-time altitude and location information to the PIC via the linked GoPro 

Camera. This UAS is set for release to the open market starting June 2015.

2.2	3D	Robotics	Solo

2.2.1	Aircraft

1.1.1.1 Batteries 14.8v 5200mAH LiPo Battery

1.1.1.2 Weight, Flight –4 lbs 0 oz (1800g)

1.1.1.3 Hover Accuracy–Vertical: +/-.8m; Horizontal: +/-2.5m

1.1.1.4 Max Tilt Angel -35deg

1.1.1.5 Max Ascent/Descent Speed –6m/s

1.1.1.6 Max Flight Speed –55 MPH

1.1.1.7 Max Flight Time Appx 20 Min

1.1.1.8 Camera –GoPro Hero

 1.1.1.9 Operating Frequency 2.400GHz – 2.462GHz

 1.1.2.0 Communication Distance (unobstructed) FCC Compliance 500m

 1.1.2.1 Transmitter Power FCC Compliance 125mW
35

																						

APPENDIX	– C

P2V+ Manufacturer's	User	Manual

http://www.download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.

8_en.pdf

APPENDIX – D

3DRS Manufacturer’s User Manual

 http://3drobotics.com/solo/

 APPENDIX - E 

Buckley Thomas Burkhardt Monthly Maintance and Repair Log

 Aircraft: 

Hours:

 Date: 

 Date Issue Date Issue Issue Decription/Maintance Conducted Repair/Maintance 

 

 

Discovered Resolved Performed By

Airframe

Motors

Propellers

Flight 

Control 

Update

Gimbal

Misc