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 approval 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 in 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 Projects. 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 Inspire 1 with the 

following restrictions:

 All operations to occur in Class G airspace.

 All UAS will weigh less than 7lbs.

 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 

third-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 enforcement, 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 

navigation 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 operator can intervene and take control of 

the UAS, or the UAS will detect errors itself and use its “return to home” function, and return 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 (Pilot 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 landings, 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 

flights. 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 national security.

The name 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 National Airspace. Unmanned 

aircraft are unable to comply with certain sections of 14 CFR as the regulations were written prior to the 

consideration of small UAS integration within the National Airspace. BMS Aerial Photo Inc. is requesting 

an exemption from certain 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 under 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 aircraft 

installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with 

regulations, conducting flight tests and other operations to show compliance with the airworthiness 

regulations including flights to 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 commercial 

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 general. 
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 numbers, 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 

Operation 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 non-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 

Pilot 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 consist 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 the 
system for training purposes. For training both the student and instructor can operate the dual set of 

controls simultaneously. With both student and instructor 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 we will establish an equivalent level of safety by only conducting flights over 

privately owned property, with permission given by the owner or controller. The aircraft 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 vehicles 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 29.92ʹʹ 

Hg.(b) The lowest usable flight level is determined by the atmospheric pressure in the area 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 ensure the AGL is appropriate at all operational areas. Since we 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 first 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 

maximum 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% life 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, waypoints, 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 manual 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 identification 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 of 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 

Subpart H. Since BMS Aerial Photo Inc. is not required to obtain an airworthiness certificate, 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 level of safety and comply with the 

intent of 91.203, we are proposing all relevant documentation required by the FAA will be located at the 
ground control station and be available for inspection upon request. To identify the aircraft, the 

information found on an airworthiness 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: W13DCB17020519

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 repaired 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 to 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 condition. 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 discontinue 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 

operations 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 Aircraft 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, unless 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 aircraft-(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 thereof. 

Based on the FAA’s Memorandum titled, “Interpretation regarding whether certain required documents 

may be kept at an unmanned aircraft’s control station”. The 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 minimum requirements 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 air 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 conducting normal operations, 

but provide state agencies and clients a more affordable, safer method of collection of their important 

Geophysical Data, all while achieving a higher level of safety than previously realized. Traditional 

airborne mapping operations 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 

regulations:

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 line 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.