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+/3 D ROBOTICS SOLO UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODER NIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

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Submitted on April 25 , 2015 Buckley Thomas Burkhardt 13045 Fortner St Newton, AL 36352 334

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- 80512 TABLE OF CONTENT S Page

GLOSSARY OF ABBREVIATI ONS............................ .......................................................3

SUMMARY.........

............................... ...................................................................................4

INTR ODUCTION AND INTERESTS OF PETITIONER........

............................... ............4

BACKGROUN D.............................. .....................................................................................4

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

.... ............................. ...................................................5

NAME AND ADDRESS OF PET ITIONER........................ ....................................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 Bu ckley 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 PUBL ISHED IN THE FEDERAL REGISTER.. ...34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT Buckley Thomas Burkhardt 's REQUEST...... .......34

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

APPENDICES.................................. .......................................................363 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle

P2V+ DJI P hantom 2 Vision +

CFR Code of Federal Regulations COA Certificate Of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation
GCS Ground Control Stati on GPS Global Positioning System

3DRS 3D R obotics Solo

LOL Loss Of Link NAS National Airspace System

NO TAM 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 Landing4 SUMMARY

B uckley 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 e xemption will permit to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of con struction sites, real estate, insurance and landscap e 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 effec tiveness. 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 C ommercial aviation experience in single and multi engine Helicopters. He holds an FAA Commerci al 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, a nd 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 Farming5 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 ver tical 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 pound s 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, Identificat ion 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 of6 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 op erating 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 61.1 13(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 a nd 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 airworthin ess 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 complianc e with the operating documents (i.e.,7 Monthly Maintenance Log, and P2V+ and 3DRS Instruction 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, entitl ed 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 communicat ions 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 40 0 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

mi nutes 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 it s 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 O f 14 C.F.R. From Which Buckley Thomas Burkhardt seeks8 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 , subsecti ons (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 compen sation 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 opera te 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;or9 (iii) In the case of an aircr aft 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 re quirements 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 o f 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), state s 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 chapte r.

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 inspe ction 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 , subsect ions (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 th e 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, rot or, 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 re vision date. If the AD or safety11 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 w ork 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 u nder § 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 O f 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 exte nt 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 com pensation 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 b ecause no PIC will be allowed to operate the12 P2V+ or 3DRS UAS’s unless that PIC has met certain flight

- hour and current requirements, demonstrating that the PIC is abl e to safely operate either the P2V+ or
3DRS UAS’s in a manner consistent with the operati ons 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 th e P2V+ And 3DRS UAS's, conducted by the PIC pursuant to the grant of this Petit ion: (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 Bu rkhardt 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 beca use 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 t he 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 R elief 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 oper ations 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 pres sure 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 f orth 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 practicality14 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 t he 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, assumin g 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 airwort hiness 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 tech nicians to perform maintenanc e, 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 of15 construction sites, real estate, insurance and landscape over certain areas of the U nited

S tates. Additionally, use of the P2V+ and 3DRS UAS’s will decrease congestion of the NAS, reduce pollution, and provi de significant benefits to the economy. Notably, the

benefits of Buckley Thomas Burkhardt 's p roposed 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 aircr aft 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 noi se 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 th e 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 g reatly 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

po llution, 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 le aded 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 elimina ted. Aside from the lack of flight crew members located onboard the aircraft, the P2V+ and 3DRS UAS’s (weighing approximately under 5 Pounds

r espectively, at their maximum gross weights with respectively (and with no fuel on board) has less physical potent ial for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typica lly 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,
operat ion 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 Protectio n 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 Thoma s
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 commerc ial 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 S tates 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 issue s. Specifically, the P2V+ a nd 3DRS UAS’s will be operated only in compliance wi th 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 Exe mption 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) Sect ion 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 of18 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 guidan ce 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 c ertificate 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 Operat ion.

-- 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 airsp ace 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 certific ation 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 thre at 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 Dat a 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 mod es. 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 positi on (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 certai n 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 poun ds maximum gross weight: P2V+ and 3DRS20 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 operatin g 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 mu st 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 a ssisting 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 oper ations 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 tr ack 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 th at 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 be21 contacted if questions arise regarding upda tes 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 document ed 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 func tional 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 t he 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 p erson 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 demonstrat es 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 quali fication 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 dedica ted 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 UA22 with appropriate distance from nonparticipants in accordan ce 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 t he 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 Adminis trator 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 mu st 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 ai rcraft 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 req uired fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA S 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 parti cipating 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 non participating persons from the UAS and/or debris in the ev ent 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 det ermined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential p ersons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- acc ess 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 in24 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 fligh t 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 meet ing 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 e xemption, 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 sam e 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, p rior 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 experienc e 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 takeo ffs 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 petition er’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 un der 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 pa ge 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

ope rate 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
3DRS UAS is in an airworthy condition based upon t he 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 tho se 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 N ot 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 tele metry 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

establishe d 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+ and27 3DRS UAS’s ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Buckle y 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, assu ming 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 propos ed flight operations and the location of the proposed operatio ns, 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 volta ge, 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 herei n (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 requireme nts 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 3DRS Instruction Manual. Furthermore, Buckley Thomas Burkhardt will document and maintain all maintenance

records fo r 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

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

3DRS UAS 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 t he 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. Signif icantly, 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 adverse ly 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 wit h 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+ a nd 3DRS UAS’s , whic h 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 se ts 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 airw orthiness regulations of30 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 ai rworthiness 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 s pecial 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 perm it 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 201231 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Buckl ey 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 t he 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 UA S’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 3 33 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 area s 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

resp ectfully 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 Th omas
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 Log33 APPENDIX

–A

P2V+ TECHNICAL SPECIFICATIONS Buckley Thomas Burkhardt only utiliz es 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 real

time altitude and location information to the PIC via the linked monitor

. 1.1 P hantom 2 V ision +

1 .1.1 Aircraft 1.1.1.1 Batteries 52 00mAH LiPo Battery 1.1.1.2 Weight, Flight

– 4 lbs 6 oz (3345g) 1.1.1. 3 Hover Accuracy

– Vertical: +/

- .8 m; Horizontal: +/

- 2 .5 m 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 125mW34 APPENDIX

– B

3DRS TECHNICAL SPECIFICATIONS Buckley Thomas Burkhardt only utilizes safe and reliable UAS's. 3DR is an industry le ader in small UAS production. 3DR UAS's are loaded with ground breaking software enabling the use r 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 p rovides 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 (1800 g) 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 2 0 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 125mW35 APPENDIX

– C

P2V+ Manufacturer's	Us er	Ma nual http:// www. download.dji

innovations.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/

A PPENDIX

- 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