Gerald W. Lempicki

Bear Swamp Power Company, LLC.

370 River Road

Florida, MA 01247 (UPS and FedEx delivery only, no USPS)

December 29, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Dear Mr. Duncan:

This letter constitutes a petition for exemptions in accordance with Section 333 of the 

FAA Modernization and Reform Act of 2012. I, Gerald W. Lempicki, representing Bear 

Swamp Power Company, intend to use small unmanned aircraft systems (SUAS) for the 

purposes of aerial photography, video capture, surveying, inspections, data collection, 

SUAS/UAV operational training, and demonstration of SUAS/UAV capabilities. Bear 

Swamp Power Company (BSPC) owns and operates hydroelectric generation facilities 

with associated civil structures and distribution equipment.

I seek relief from the following:

 14 CFR Section 61.23 (a) and (c): Medical certificate requirement

o I request exemption so as to not require the operator to hold a medical 

certificate.

 14 CFR Section 61.101 (e)(4) and (5): Recreational pilot limitations

o I request exemption so as to allow a recreational pilot certificate holder to 

operate the UAS for compensation or hire, and in furtherance of a 

business.

 14 CFR Section 61.113(a): Private pilot limitations

o I request exemption so as to allow a private pilot certificate holder to 

operate the UAS for compensation or hire, and in furtherance of a 

business.

 14 CFR Section 61.315(a): Sport pilot limitations

o I request exemption so as to allow a sport pilot certificate holder to operate 

the UAS for compensation or hire, and in furtherance of a business.
 14 CFR Section 91.7(a): Civil aircraft airworthiness

o I request exemption so as to allow the operator to determine airworthiness 

based on a preflight inspection incorporating manufacturer’s 

recommendations.

 14 CFR Section 91.119(c): Minimum safe altitudes

o I request exemption so as to allow operation of the UAS from the surface 

up to 400’ AGL.

 14 CFR Section 91.121: Altimeter settings

o I request exemption so as to allow operation with existing UAS flight 

controller technology, be it GPS derived or pressure sensor derived 

altitude.

 14 CFR Section 91.151(a)(1): Fuel requirements

o I request exemption so as to allow UAS operation by maintaining a 

reasonable reserve power supply in order to complete the mission in the 

event of unforeseen winds/occurrences.

 14 CFR Section 91.405(a): Maintenance required

o I request exemption so as to allow operation of the UAS given preflight 

and post flight inspections based on manufacturer recommendations and 

operator experience.

 14 CFR Section 91.407(a): Operation after maintenance, etc.

o I request exemption so as to allow operation of the UAS based on 

following manufacturer’s recommended maintenance procedures.

 14 CFR Section 91.409(a)(1)(2): Inspections

o I request exception from annual inspection and airworthiness certificate 

requirements so as to allow operation of the UAS based on preflight 

inspections and proper maintenance according to the manufacturer.

 14 CFR Section 91.417(a)(b): Maintenance records

o I request exemption from 14 CFR Section 91.417(a) and (b) as written. I 

will maintain operational and inspection logs to satisfy my safety and 

operating requirements.
Bear Swamp Power Company intends to use the following SUAS, to be selected based 

on the work that is to be performed:

 3DR Solo

 DJI Inspire 1

 DJI Phantom 3 Pro

 DJI F550

 DJI S900

 DJI S1000

 Birdseyeview Aerobotics Firefly6

 Action Drone AD-1

 Action Drone AD-2

 senseFly Exom

All of the above are electric powered and meet the weight requirements of a small 

unmanned aircraft system. For convenience, the manuals and specifications are 

hyperlinked above.

As shown by numerous previously granted SUAS exemptions, commercial operations of 

SUAS will enhance safety by reducing exposure to risk. The use of SUAS would 

eliminate some of the risk associated with technicians working at height, over water, 

and in close proximity to energized equipment.

Conventional aircraft are much larger than SUAS, and are inherently more dangerous 

due to the volume of fuel on board. SUAS generate less noise and have less 

environmental impact. A high level of safety will be maintained by following the SUAS 

manufacturer’s recommended operating procedures, my Operations Manual, and my 

checklist procedures. In addition, the operator will adhere to all terms, conditions, and 

limitations of the exemptions granted.

The result of this action would contribute to the overall integrity of our infrastructure and

to the reliability of our operations.
In summary, Bear Swamp Power Company seeks exemption from the following rules: 

14 CFR Section 61.23 (a) and (c), 14 CFR Section 61.101 (e)(4) and (5), 14 CFR 

Section 61.113(a), 14 CFR Section 61.315(a), 14 CFR Section 91.7(a), 14 CFR Section 

91.119(c), 14 CFR Section 91.121, 14 CFR Section 91.151(a)(1), 14 CFR Section 

91.405(a), 14 CFR Section 91.407(a), 14 CFR Section 91.409(a)(1) and (2), and 14 

CFR Section 91.417(a) and (b).

I do not believe the request for exemption of the above rules would set a precedent; 

upon review of the FAA’s Authorizations Granted via Section 333 Exemptions it is apparent that 

there have been many previously approved exemptions for similar purposes.

Confidential and proprietary documents will be emailed separately.

If you require any additional information, please contact me here.

Sincerely,

Gerald W. Lempicki