U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Petition of BCAeronautics, LLC. for Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012.

To Whom It May Concern:

Pursuant to Section 333 and 14 CFR Part 11, BCAeronautics, LLC, hereby applies for an exemption 

and specific relief from the following FARs:

14 C.F.R. 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 

14 C.F.R. 91.103; 14 C.F.R. 91.113; 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 (a) (1); 14 C.F.R. 91.409 (a) (1) and (2); 

14 C.F.R. 91.417 (a) and (b), to allow commercial operations with sUASs for the purposes of aerial 

data collection, academic and commercial research and development, real estate support, inspection 

support, oil and gas support, commercial and personal promotional videography, and any other safe 

aerial viewing needs both private and public currently not possible or too expensive or dangerous for 

conventional aircraft. 

BCAeronautics intends to support any individual or entity in need of aerial data, in any locality, that 

can be served safely and legally in reference to this requested exemption and the current blanket COA, 

any future approved COA, and in concordance with any necessary local ATC approval or law 

enforcement directive. The inherent safety and cost of operating sUASs for close aerial data collection 

compared with traditional manned aircraft clearly defines the benefits to Society associated with this 

petition for exemption. 

BCAeronautics will operate the DJI PHANTOM 2 Vision+ , the DJI INSPIRE 1, the DJI S1000, and 

any further and comparable sUAS's that can be operated for the above stated purposes and in the same 

safe manner. All proposed sUASs will operate safely at less than 37 pounds, at speeds never exceeding 

50 knots, at altitudes never exceeding 400 feet AGL, and always within visual line of sight of a PIC 

and VO. All flights will occur only after preflight procedures (for the environment and aircraft) have 

been completed. Flights will take place only during daylight hours, not less than 5nm from designated 

Airports, with VMC (unless prior authorization is granted from the applicable FSDO or ATC facility). 

The sUASs will be operated in accordance with DJI operating manuals at all times and are inherently 

FCC compliant. BCAeronautics will operate sUASs using a PIC and a VO who are in possession of at 

least a private pilot license (PIC only) and a third class medical or valid driver's license. 
Regulations from which exemption is requested:

14 C.F.R. 21 (h) Airworthiness Certificates

The sUASs operated in the restricted environments and characteristics described above provide 

equivalent safety to manned aircraft with Airworthiness Certificates. Based on the proposed operations 

and sUASs safety can be maintained as the prime directive and relief from the above regulation is 

appropriate.

14 C.F.R. 45.23 (b) Marking of the Aircraft

It is not possible to comply with this regulation in it's entirety regarding cockpit and cabin markings. 

Additionally it is not practical to mark the fuselage of each sUAS in a manner that either upholds or 

enhances safety in relation to this regulation. To the extent possible, BCAeronautics will mark aircraft 

for the purposes of identification and maintain documents at the ground station that satisfy this need to 

the extent possible. Relief is requested in reference to the marking of aircraft for the purpose of 

identification in the air.

14 C.F.R. 61.113 (a) (b) Private Pilot Privileges and Limitations/Pilot in Command

The sUASs will not carry pilots or passengers. They pose a greatly reduced risk for catastrophic failure 

and damage compared to manned aircraft based on flight characteristics and size alone. So much so, 

that an equivalent level of safety will exist in requiring only private pilot qualifications for PIC 

operation of the sUASs. Relief is requested in reference to flight for hire and the need for a commercial 

pilot certificate.

14 C.F.R. 91.7 (a) Civil Aircraft Airworthiness 

Not applicable (reference 14 C.F.R. 21(h)) – No Airworthiness Certificate. All applicable documents 

will be available for inspection at the groundstation.

14 C.F.R. 91.9 (b) (2) Civil Aircraft Flight Manual

Size and payload capacity restrict the possibility of compliance with this regulation and require relief. 

All applicable documents including FOM will be available for inspection at the ground station.

14 C.F.R. 91.103 Preflight Action

sUASs manufactured by DJI do not have approved takeoff and landing distance data. Furthermore, 

BCAeronautics will not operate under SVFR or IFR conditions. Relief from preflight action is 

appropriate as safety equivalent to that provided by the regulation shall be upheld.

14 C.F.R. 91.113 Right of Way Rules

The inherent safety in relation to size, flight characteristics, and operational capabilities of the sUASs 

provide an equivalent level of safety in regards to see and avoid and yielding right of way after visual 

identification of traffic during VMC. During all missions right of way and cessation of flight operations 

will be given and executed immediately in the presence of manned aircraft. 
14 C.F.R. 91.119 Minimum Safe Altitudes

Relief from this regulation is requested due to the intended safe operations and designed use of these 

sUASs for close proximity photography and inspection. The operations that BCAeronautics intends to 

support, as stated above, must be accomplished at altitudes below 500 feet AGL thus an exemption 

from 91.119 (c) is needed. In accordance with current guidelines, we request operations 400 feet AGL 

and below. 

 

14 C.F.R. 91.121 Altimeter Settings

14 C.F.R. § 91.121 requires a person operating an aircraft to maintain cruising altitude or a flight level 

by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. 

The sUASs BCAeronautics intends to operate are not equipped with a barometric altimeter, but instead 

use GPS for altitude control, which is transmitted to the pilot via a digitally encoded telemetric data 

feed. Relief from § 91.121 is requested to allow the GPS, radio, or laser altimeter to be used to 

maintain the correct AGL altitude. 

14 C.F.R. 91.151(a) Fuel Requirements for Flight in VFR Conditions

The intended operations of BCAeronautics will span between 18 and 25 minutes and therefore cannot 

comply with the minimum 30 minutes of extra fuel for planned VFR flight. The sUASs flown by 

BCAeronautics have fuel failsafe procedures both internal and contained in the system from DJI. 

Return to Home procedures are initiated prior to critical fuel levels and BCAeronautics will cease all 

operations at 25% battery remaining or at an agreed upon safe critical battery level based on the 

operational environment. Relief from the above regulation is therefore requested.

14 C.F.R. 91.203 (a) (b) Carrying Civil Aircraft Certifications and Registrations

As the sUASs flown by BCAeronautics will not have Airworthiness Certificates relief from this 

regulation is requested. An equivalent level of safety shall be maintained by housing these documents 

(if and when applicable) at the ground station.

14 C.F.R. 91.405(a); 407(a)(1); 409(a)(1)(2); 417 (a)(b) Maintenance

BCAeronautics believes that an exemption from these maintenance requirements is warranted because 

the sUASs will not have an airworthiness certificate, and the FAA has not developed equivalent part 91 

maintenance requirements for sUAS. More specifically, no individuals are authorized by the FAA to 

approve a sUAS for return to service under 91.407(a) or to conduct initial airworthiness inspections. 

A Summary the FAA may publish in the Federal Register:

Pursuant to Section 333 and 14 CFR Part 11, BCAeronautics, LLC, hereby applies for an exemption 

and specific relief from the following FARs:

14 C.F.R. 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 

14 C.F.R. 91.103; 14 C.F.R. 91.113; 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 (a) (1); 14 C.F.R. 91.409 (a) (1) and (2); 

14 C.F.R. 91.417 (a) and (b), to allow commercial operations with sUASs for the purposes of aerial 
data collection, academic and commercial research and development, real estate support, inspection 

support, oil and gas support, commercial and personal promotional videography, and any other safe 

aerial viewing needs both private and public currently not possible or too expensive or dangerous for 

conventional aircraft. 

BCAeronautics requests relief from the above mentioned regulations and any other applicable parts of 

14 C.F.R. 61 and 91 to allow for safe, reliable, financially efficient, and vital commercial operation of 

sUASs in support of any entity or individual in need of aerial data collection services. Our customers 

range from the Energy Industry all the way to wedding photographers and rely on our commitment to 

safety and ethics in the budding sUAS industry.

Benefits to the Public as a Whole:

BCAeronautics’ entry into the NAS will benefit the public as a whole by by providing enhanced saftey, 

and at minimum an equivalent level of safety, to all aspects of UAS operations described above when 

those operations supplement or replace use of manned aircraft. Additionally, fuel savings and 

affordability will be greatly enhanced by the use of sUASs for operations such as real estate 

photography, aerial survey, and oil industry support. The slow speeds and practical altitudes sUASs 

will be used at for collecting previously impossible to obtain data (because of safety and cost) are the 

inherent benefits to society and the commercial driving forces behind BCAeronautics’ request for 

exemption. 

The ability to support the real estate market in Houston, TX and play a role in the health of that 

market by answering the need for aerial photography of a wide range of properties will benefit the local 

economy. 

The ability to support the oil and gas industry (in a time of downturn for that economy) by 

allowing more frequent and non-destructive testing will enhance human safety in the oil field and 

present a much needed cost saving measure that will contribute to job savings. 

Telecommunications infrastructure is an additional area of safety sensitivity where fall danger is 

an ongoing concern. sUAS operation can virtually eliminate the need for manned inspection of 

transmitters that accounts for up to 20 fall casualties per year. Additionally, the enhanced safety and 

cost savings of identifying towers definitively in need of maintenance with the use of sUASs has been 

explicitly requested by the Telecommunications industry.

Finally, an increasing number of “hobbyists” and sUAS operators who have not participated in 

the regulatory process are putting significant strain on the NAS. BCAeronautics’ adherence to strict 

regulatory compliance and the active participation of all sUAS operators is of utmost importance. 

BCAeronautics intends to provide guidance and consultation to any interested party regarding the safe 

and legal operation of sUASs and their appropriate entry to the NAS.

 

14 C.F.R. 11.81(h) Request to exercise the privileges of the Exemption outside the United States

The global nature of our intended customers means that BCAeronautics will need the ability to work 

outside of the United States. The ability to bring this technology, the associated applications, the 

premier safety protocols and procedures, along with the world's foremost aviation regulatory 

compliance practices are an invaluable resource that could be provided to countries in desperate need 

after natural disasters or for development purposes.

If the FAA believes additional exemptions beyond those requested in this petition are required for 

BCAeronautics to conduct the sUAS operations described here, we respectfully request an exemption 
from any such regulatory provisions as deemed necessary. For any questions or concerns, please 

contact us directly at the phone numbers or email address provided. 

Best Regards,

Kelly Coble Franz Willette

MGR. BCAeronautics, LLC. MGR. BCAeronautics, LLC.

PO BOX 7259 PO BOX 7259

Houston, TX 77248 Houston, TX 77248

281.772.9372 612.709.0421

info@bcaeronautics.com info@bcaeronautics.com