### BMS Aerial Photo Inc. Inc. 834 Cookson Ave SE New Philadelphia, Ohio 44663 330
- 308
- 5700 www.bmsaerial.com April 20, 2015


### US Department of Transportation , Docket Operations West Building Ground Floor, Room W12
- 140 1200 New Jersey Ave, SE Washington, DC 20590

**RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations** 
To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR Part 11, BMS Aerial Photo Inc. , requests an exemption from the Federal Aviation Regulations outlined below. BMS Aerial Photo Inc. is requesting this exemption in order to allow the use of a DJI Inspire 1 Unmanned Aerial System (UAS) for commercial operations. The DJI Inspire 1 is capable of performing Precision Aerial Mapping, 3D Surface Modeling, Aerial Data Acquisition and Videography, among other capabilities, whereas all operations conducted will be within and under the conditions herein or those that may be established by the FAA as required by section 333 or Section 49 USC 44701. **In the granting of Exemption No. 11342, BMS Aerial Photo**  **Inc. is seeking very similar requests and will**  **be operating with the same UAS that was granted appr oval under this request.**  BMS Aerial Photo Inc. is a company that has been in operation for over 20 years, with a vast amount of aviation knowledge, experience , and understanding of safety in accordance to FAA standards. The VO(Visual Observer) has 4 years Department of Defense experience, combined with his work i n an Aerial

Reconnaissance Unit. He comes with vast aviation knowledge, with safety foremost in mind. Also, BMS Aerial Photo Inc. has 2 commercially licensed pilots on staff, with a reserve pilot holding a private pilot certificate. We have been conducting Aerial Imagery Collection and Aerial Mapping for uses such as; Environmental Impacts, Mining Activities and Monitoring, and Engineering P rojects. We are seeking to provide the same services with the UAS, but with a safer and timelier collection of the data.
BMS Aerial Photo Inc. acknowledges that the operational use of the DJI Inspire 1 is within FAA adherence of proposed regulations based on:

 UAS’s size, weight, speed, and operational capability  Operation of the UAS to NOT be in close proximity to airports and populated areas.  Operation of the UAS within visual line of sight of the operator and observer. Under grant of the exemption, BMS Aerial Photo Inc. agrees to operate the DJI Ins pire 1 with the following restrictions:

 All operations to occur in Class G airspace.  All UAS will weigh less than 7 lbs.  All airborne operations will occur during daylight hours.  All UAS pilots will hold a private pilot’s license or commercial pilot license , minimum of a th ird

- class medical exam, as well as a minimum of 5 flight hours with the UAS.  Visual Observer will have 20/20 vision and a state issued driver’s license.  Operations will be conducted over private or controlled

- access property.  Permission from land owner/controller required before commencing any flight.  Operations will avoid congested or populated areas, which are depicted in yellow on VFR Charts.  Aircraft to remain in Visual Line of Sight (VLOS).  Above Surface Level altitude to be restricted to 400ft.  No operations within 2.5 miles from centerline azimuth of runway centerline measured from runway thresholds.  All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law en forcement, fire, or other appropriate governmental agencies.  Open Pilot Pre

- Flight Checklist  Maintenance and Incident Documentation for all flights.
BMS Aerial Photo Inc. agrees to this Operator Requirement’s. The DJI Inspire 1 has a semi
- autonomous nav igation and control system, which includes a Ground Control Station (GCS). All flights are programmed with GPS Guidance and can also be flown manually. Human intervention is possible at any moment during flight. In the case of unplanned events, the operato r can intervene and take control of the UAS, or the UAS will detect errors itself and use its “ return to home” function, and retur n to land where it took off
. Also, included in the firmware of the DJI Inspire 1 are failsafe altitudes for the UAS to ascend to, before returning to its “ home point” and maximum distance settings.Additional automated safety functions and safety enhancing features include the following:

 Auto
- Pilot detection of lost GPS satellite connection or lost communication with the PIC (Pi lot in Command) controller, initiates an immediate return to home landing.
 Intelligent Battery Software on the aircraft notifies the PIC when the aircraft needs to return to home, and will automatically return to home when the battery levels reach 18 %.
 The DJI Inspire 1 is equipped with a Sonar Vision Positioning System; this allows the UAS to hold a precise GPS location. This vision positioning system also detects the ground level, and will not land without the landing gear down, and on automatic landin gs, initiates the landing gear automatically. The DJI Inspire 1 is carried to the survey location, not flown there. The DJI Inspire 1 will carry no passengers or crew, and will not expose any individuals to the risks associated with manned aircraft fligh ts. No national security issues are raised by the grant of the requested exemptions. Given the size, load carrying capacity, operational speed, and the fact it carries no explosives or other dangerous materials, the DJI Inspire 1 poses no threat to nationa l security. The n ame and address of the Petitioner is: BMS Aerial Photo, Inc. 834 Cookson Ave SE New Philadelphia, Ohio 44663 POC: Mathew Jones 330
-308
-5700 mjones@buckeyemineral.com
**14 CFR 11.81(b) -**  **Exemptions Requested:** The FAA considers unmanned aircraft as “aircraft” flown by a “pilot” regardless of the location of the pilot. All aircraft and pilots must comply with applicable sections of Title 14 of the Code of Federal Regulations (14 CFR) and other rules/regulations to operate within the Nation al Airspace. Unmanned aircraft are unable to comply with certain sections of 14 CFR as the regulations were written prior to the consideration of sm all UAS integration within the National A irspace. BMS Aerial Photo Inc. is requesting an exemption from cert ain parts of 14 CFR, as described below, in addition to any other regulations the FAA feels BMS Aerial Photo Inc. needs relief from in order to conduct their proposed operations. 

### 14 CFR Part 21 subpart H 14 CFR 45.23 & 45.29 14 CFR 61.113 (a) & (b) 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121

### 14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 14 CFR 91.409 14 CFR 91.417 14 CFR 91.7 14 CFR 91.9 (b) 8900.227 Paragraph 16(c) (4) **14 CFR Part 11.81 (c) –**  **The extent of relief BMS**  **Aerial Photo Inc. seeks, and the reason**  **BMS Aerial Photo Inc.**  **seeks relief.** BMS Aerial Photo Inc. is seeking relief from the applicable sections of the Federal Aviation Regulations and other rules that would be necessary to permit civil flight operations within the national airspace. BMS Aerial Photo Inc. is requesting authorization to conduct small UAS operations under the proposed limitations within this request.
**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates**  This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Inspire 1 un der either one or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes : (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircra ft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations, conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for co mmercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel , and will only fly under strict operational requirements. Combined with the UAS’s lightweight frame work, being constructed primarily of carbon fiber and plastic, we propose that the UAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we would request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in gene ral.**14 C.F.R. 45.23(b). Marking of the Aircraft and 45.29 Size of Marks** 

The regulation requires: When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted , or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited”, “restricted”

, “light

-sport”, “experimental”, or “provisional”, as applicable. The DJI Inspire 1 has no entrance to the cabin, cockpit or pilot station on which the word "EXPERIMENTAL" can be placed. Upon registration the “N” number will be displayed. The word “Experimental” will be placed on the UAS so it’s visible to all within the launch area. BMS Aerial Photo Inc. will mark the UAS with appropriate information regarding ownership, serial nu mbers, and any other information the FAA requests as a part of this requirement. Also, BMS Aerial Photo Inc. will have the ground station appropriately marked with a flag or other banner, with the notification of “UAS Op eration Area”.
**14 C.F.R. 61.113 (a) And (b): Private Pilot Privileges and Limitations: Pilot**  **in Command** Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Section 61.113(a) & (b) limit private pilots to n on - commercial operations. The DJI Inspire 1, unlike conventional aircraft that carries a pilot, passengers, and cargo, is remotely operated with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. In grant of Exemption No. 11062 to Astraeus Aerial, the FAA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons on the ground. Although, BMS Aerial Photo Inc. plans to use a Commercially Licensed Pil ot with a current medical exam as their first PIC, however in the event of scheduling conflicts, a backup pilot would be used, and that backup pilot would hold a private pilot certificate with the appropriate medical exam.

**14 C.F.R. 91.109: Flight Instruction**  These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The DJI Inspire 1 ground

- based control station will co nsist of One GPS Based hand

- held radio transmitter and a second GPS Based hand

- held radio transmitter which can be added, as an option, to control thesystem for training purposes
. For training b oth the student and instructor can operate the dua l set of

controls simultaneously. With both student and i nstructor having "hands

- on" controls during flight, we feel that this technique meets the intent of 91.109 and provides an equivalent level of safety.

**14 C.F.R. 91.119: Minimum Safe Altitudes**  Section 91. 119 establishes safe altitudes for operational of civil aircraft. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since BMS Aerial Photo Inc. plans to always operate at or below 400ft AGL, we would not comply with this requirement. Instead w e will establish an equivalent level of safety by only conducting flights over privately owned property, with permission given by the owner or controller. The air craft will not be operated over congested areas or over open - air assembly of people. All involved parties will be notified of the intended flight lines and altitudes, as well as the risks involved to persons or property on the ground. By operating at low altitudes and visual line of sight, in the unforeseen event of a power fail, an emergency landing could be performed without hazard to people or property on the ground. Given the small size of the UAS, any risks or hazards to persons, structures, or vehicl es is minimal in comparison to conducting the same operations with conventional aircraft, and this should be considered in granting the exemption. **14 C.F.R. 91.121: Altimeter Settings**  This regulation states that: (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 (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; or (2) At or above 18,000 feet MSL, to 29.92 ʹʹ Hg.(b) The lowest usable flight level is determined by the atmospheric pressure in the a rea of operation
. The DJI Inspire 1 does not have the typical aircraft barometric altimeter onboard. It does carry an onboard GPS that determines its altitude AGL based off its launch point. Prior to each launch, a compass calibration will be done, to ensu re the AGL is appropriate at a ll operational areas. Since w e will be operating with VLOS and will be at or below 400ft, we feel the onboard GPS and these operational procedures will satisfy the equivalent level of safety.**14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions** 

This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the fir st point of intended landing and assuming normal cruising speed

- (1) during the day, to fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes.” The UAS is battery operated and the maximum duration of flight from a single battery charge is a max imum flight time of 20
- 24 minutes
. BMS Aerial Photo Inc. plans to conduct each flight for 18 minutes, which is 70 % of the battery life, and the UAS has an automatic return to home feature if the battery levels reach 18 % li fe remaining. A “dynamic home” button on the remote control gives the PIC a one -touch button return home/base action. The DJI Inspire 1 is controlled by a GPS remote transmitter and an Apple iPad which runs an application (App) that provides airspeed, wa ypoints, compass, battery life, flight time , and airspace information. This would allow us to meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy"
.
**14 CFR 91.203(a )**  **& (**  **b )**  **– Civil Aircraft; Certifications Required**  These regulations state that (a) except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) an appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manu al required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identificatio n number that has been affixed to an aircraft may only be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy o f the Aircraft registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. This exemption would not be necessary should the FAA approve the exemption for 14 CFR Part 21 Sub part H. Since BMS Aerial Photo Inc. is not required to obtain an airworthiness certifi cate, this would not apply. BMS Aerial Photo Inc. ’s PIC would maintain the UAS and will give their approval prior to each fight regarding the UAS’ safety. If anything is found to be unsafe prior to flight or during the flight, the PIC would discontinue all operations, safely. To obtain an equivalent lev el of safety and comply with the intent of 91.203, we are proposing all relevant documentation required by the FAA will be located at theground control station and be available for inspection upon request. To identify the aircraft, the

information found o n an airworthine ss certificate and registration will be affixed with a placard containing all pertinent information, including the word “Experimental” to satisfy 14 CFR 45.23. EXPERIMENTAL Manufacturer: DJI Innovations Model: Inspire 1 Serial Number: W13D CB17020519 Owner: BMS Aerial Photo, Inc. 834 Cookson Ave SE New Philadelphia, Ohio 44663 If Found Please Contact: 330

- 308
- 5700
**14 CFR Subpart E (91.401 -**  **91.417) -**  **Maintenance, Preventive Maintenance, Alterations.** Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph(c) of this section, have discrepancies repaire d as prescribed in part 43 of this chapter”
. The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. The PIC will ensure before each flight the aircraft is in airworthiness condition and perform a detailed inspection after the flight is over t o ensure its continued safety. In addition to these measures, the PIC will conduct a monthly required inspection of the UAS, and all its required operating equipment, to ensure its reliability and c ondition. All inspections will be documented and available upon request. If any issues or damages are found during inspection, the UAS will be sent to the manufacturer for repair. We feel these policies will ensure an equivalent level of safety.

**14 C.F.R. 91.7(a): Civil Aircraft Airworthiness**  This regulation states that (a) No person may operate a civil aircraft unless it is in airworthy condition and (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall dis continue the flight when un

- airworthy mechanical, electrical, or structural conditions occur.The DJI Inspire 1 operated without an airworthiness certificate, under the proposed conditions, will at a

minimum , be as safe, or safer, than a conventional aircraft with an airworthiness certificate. The DJI Inspire 1 weighs 6.5 lbs. fully loaded; it will not carry a pilot, or a passenger, and does not carry flammable fuel, at any time while operating in controlled areas. The FAA will have advance notice of all op erations above 200ft AGL, and BMS Aerial Photo Inc. will have authorization from property owners to be on site, ahead of the scheduled mission. With the combination of approval for onsite operations, the size of the UAS, no flammable fuel, and the fact the aircraft will be carried to the location of operation, not flown, establish at minimum the equivalent level of safety. The FAA has approved similar exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080, and 11153.

**14 C.F.R. 91.9(b) (2): Civil A** **ircraft Flight Manual in the aircraft and 14 CFR Part 91.203 (a) and (b)**  Section 91.9(b) (2) provides: No person may operate a U.S.

- registered civil aircraft (2) For which an Airplane or Rotorcraft Flight Manual is not required by 21.5 of this chapter, un less there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. This regulation states that no person may operate a U.S. registered civil aircra ft

- (1) For which an Airplane or Rotorcraft Flight Manual is required by Part 21.5 of 14 CFR unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in 14 CFR Part 121.141 (b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required by 14 CFR Part 21.5, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings and placards or any combination there of. Based on the FAA’s Memorandum titled, “Interpretation regarding whether certain required documents may be kept at an unma n ned aircraft’s control station ”. T he UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The Manufacturers operators’ manual will be on site, during all UAS operations.
**8900.227 Paragraph 16(c) (4) :**  **PIC Medical and Paragraph 16(e) (1) Observer Medical.**  This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer. We propose the minimu m requirem ents for the PIC be a FAA third class medical certificate. We propose the minimum requirements for the VO be 20/20 vision and a valid state issued driver’s license. The vision requirement would ensure that the VO can see and observe obstructions or other a ir traffic. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAS will return autonomously to the site of launching and land without crew intervention.Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot

carrying passenger in a large aircraft is an unnecessary burden.
**14 CFR Part 11.81(d) –**  **The reasons why granting BMS Aerial Photo Inc.**  **’s request would be in the public interest**  BMS Aerial Photo Inc. provides pursuant to Part 11 , a summary of its exemption application to allow commercial operation of the DJI Inspire 1 unmanned aircraft in precision aerial mapping and surface modeling. With an exemption for the use of an UAS, we could continue cond ucting normal operations, but provide state agencies and clients a more affordable, safer method of collection of their i mportant Geophysical Data, all while achieving a higher level of safety than previously realized. Traditional airborne mapping operatio ns are conducted with a conventional Aircraft, Aircrew, and near perfect weather conditions, all while burning fossil fuels. Being able to eliminate , some of the risks posed from conventional aircraft and aircrew is in the public’s interest.
**Summary of BMS Aerial Photo Inc.**  **Section 333 Exemption Request** For publication in the Federal Register, BMS Aerial Photo Inc. hereby provides, pursuant to Part 11, a summary of its exemption application to allow commercial operations of an unmanned aerial vehicle for 3D Surface Modeling, Aerial Imagery, and Data Collection. An exemption is requested from the following regul ations:


### 14 C.F.R. Part 21 subpart H 14 C.F.R. 45.23 & 45.29 14 C.F.R. 61.113(a) (b) 14 C.F.R. 91.109(a) 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 14 C.F.R. 91.409 14 C.F .R. 91.417 14 CFR 91.7 14 CFR 91.9 (b) 8900.227 Paragraph 16(c) (4)The operation of the UAS described in this request, under the conditions outlined above , will deliver an

equivalent level of safety to support the grant of our exemptions requested. BMS Aerial Photo Inc. is only requesting the exemption, should it be granted, to operate within the United States of America. We are seeking the authority to operate an UAS at locations in the national airspace. We feel that BMS Aerial Photo Inc. is capable of satisfying the criteria provided in Section 333 of the Reform Act of 2012, size, weight, speed, operating capabilities, proximity to airports and populated areas, operating within visual li ne of sight and having no threat to national security. Our request is consistent with the numerous exemptions that have already been granted. If any further clarifications are needed , or to discuss our request from the above

- listed exemptions, you can contact me directly. Thank you for your attention to this request. Sincerely,
Mathew Jones Director of Operations BMS Aerial Photo, Inc.