February 15, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE ., Room W12 - 140 West Building Ground Floor Washington, DC 20590 - 0001 Filed @ Regulations.gov

Petition for Exemption under Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), P.L. 112 - 95, “Special Rules for Certain Unmanned Aircraft Systems” and 14 C.F.R. Part 11, Justin H . Freida, being part owner of BVE Associates PE LA LS DPC (dba BM E Associates), which provides land surveying and civil engineering service s in western New York, seeks an exemption from the Federal Aviation Regulations listed below: 14 C.F.R. Part 21 14 C.F.R. 45.23 14 C.F.R. 45.29 14 C.F.R. 61.23 14 C.F.R. 61.3 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 61.133(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9 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 14 CFR Subpart E (91.401

– 91.417) Contact information: Ju stin H. Freida 10 Lift Bridge Lane East Fairport, NY 14450 585 - 317 - 5792 jfreida@bmepc.comThe requested exemption would authorize Justin H. Freida to perform commercial operations that would

enhance BM E Asso ciates existing Land Surveying and Mapping services for Private, Local, State, and Federal entities. The services will be provided by either or all of the following: 3DR Solo DJIPhantom 3 Advanced eBee Sensefly The requested exemption would authorize operation of the above stated UAV’s for aerial photography and data collection for land surveying , construction management, and wetland mitigation applications. These operations will be conducted as defined by the UAV manufacturer’s standards and procedures to ensure safety. After receipt of this exemption, BME Associates will obtain, if required, a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization prior to conducting any operations. BME Associates seeks an exemption that will authorize them to us e the 3DR Solo, DJI Phantom 3 Advanced, and eBee Sensefly for commercial purposes and will comply with any terms and conditions of the FAA’s exemption. All operations will be performed under the direct supervision of a New York State Licensed Land Surveyor. The public benefits are as f ollows:

- Aeri al Surveying. The use of an UAV for topographic surveys will be faster and more accu rate than traditional surveying. Large areas can be surveyed up to fifty times faster than ground -based land surveying. Vertical and oblique photography is com bined with accurate topographic data, digital terrain modeling, building modeling for Building Information Management (BIM) and volumetric analysis to give better and more accurate information. The use of a UAV will also improve safety on hazardous work sites with minimal ground access and less time on site due to rapid data collection. All of these combined will save time and reduce costs that can be passed on to both public and private clients.

- Cons truction Management. The use a UAV on construction sites may i mprove the safety of workers, nearby residents, and the general public by spotting potential dangerous situations that would be not visible from the ground. The UAV can also document construction sequencing and identify possible issues such as erosion before it leaves the site and endangers nearby waterways.

- Wetland Mitigation. The use of a UAV for wetland mitigation can help quickly identify the size and shape of the area without the need for visiting the entire boundary of the wetland. The following are reasons why the exemption would not adversely affect safety or how the exemption would provide a level of safety at least equal to the existing rule.

- The UAV will weigh less than ten pounds.

- The UAV will always be in the operators line of site.

- The maximum flight time will not exceed thirty minutes at a time and will continuously monitor battery power.

- Flights will be operated at low altitudes and will never exceed 400 feet AGL.

- A daily meeting will be conducted with all personnel that will be working around the UAV.

- Written and/or oral permission will be obtained from property owners prior to operating the UAV.

- All permits if required will be obtained from local governments.- The UAV will operate at speeds of less than 50 knots.

- The UAV will have the ability to return and land at the take off point if it loses GPS signal.

- The UAV will not be operated over large crowds or densely populated areas.

- The UAV will not be operated over heavy traffic roads or highways.

- The UAV will not be operated within five NM of an airport. BME Associates will abide by all regulations including the following:

- 14 C.F.R. Part 2 Certification Procedures for Products and Parts. Airworthiness Certificates

- 14 C.F.R. 45.23 Display of marks; general and 45.29 Size of marks

- 14 C.F.R. 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial Pilot privileges and limitations

- 14 C.F.R. 91.7 Civil aircraft airworthiness

- 14 C.F.R. 91.9 Civil aircraft flight manual, marking and placard requirements

- 14 C. F.R. 91.109 Flight instruction; Simulated instrument flight and certain flight tests

- 14 C.F.R. 91.119 Minimum safe altitudes: general

- 14 C.F.R. 91.121 Altimeter settings

- 14 C.F.R. 91.151 Fuel requirements for flight in VFR conditions

- 14 C.F.R. 91.203 Civil aircraft: Certificate required

- 14 C.F.R. 91.205 Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements

- 14 C.F.R. 91.215 ATC transponder and altitude reporting equipment and use

- 14 C.F.R. 91.401 Applicability

- 14 C.F.R. 91.403 General

- 14 C.F.R. 91.405 Maintenance required

- 14 C.F.R. 91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration

- 14 C.F.R 91.409 Inspections

- 14 C.F.R 91.411 Altimeter system and altitude reporting equipment tests and inspections

- 14 C.F.R. 91.413 ATC transponder tests and inspections

- 14 C.F.R. 91.415 Changes to aircraft inspection and programs

- 14 C.F.R. 91.417 Maintenance records The following is the equipment that will be used and the specificati ons: 3DR Solo Specifications: Up to 26 minutes of flight time (20 with camera and Solo Gimbal) HD video streaming to mobil e Top speed: 55 mph Max Altitude: 400ft, per FAA rules Weight: 1600 g; 1760 g with Solo Gimbal and GoPro Wifi range: up to a half a mile, depending on environment Controller with color screen and live flight data Pixhawk 2 flight controller software Customizable color LEDs for orientation Solo Battery: 14.8 V LiPo (5200mAh) Rechargeable controller battery: 2600 mAh/7.2 Vdc; lasts 4 hours (extendable battery available) 10x4.5 self tightening props 880kV motors Plug and play with 3 - axis Solo Gimbal from 3DRDJIPhantom 3 Advanced

Specifications: Weight: 1280 g Diagonal size: 590 mm Max Ascent Speed: 5 m/s Max Descent Speed: 3 m/s Hover Accuracy: Vertical: +/ - 0.1 m (when Vision Positioning is active) or +/ - 0.5 m Horizontal: +/ - 1.5m Max Speed: 16 m/s (ATTI mode, no wind) GPS mode: GPS/GLONASS Gimbal Controllable Range: Pitch

–90 degrees to +30 degrees Gimbal Stabilization: 3 - ax is (pitch, roll, yaw) Intelligent Flight Battery: Capacity: 4480mAh Voltage: 15.2 V Battery Type: LiPo 45 Max Flight Time: Approx. 23 minutes eBee Sensefly Specifications: Weight (inc supplied camera): Approx. o.69 kg (1.52 lbs) Wingspan: 96 cm (38 in) Material: EPP foam, carbon structure & composite parts Propulsion: Electric pusher propeller, 160 W brushless DC motor Battery: 11.1 V, 2150 mAh Camera (supplied): WX (18.2 MP) Maximum flight time: 50 minutes Nominal cruise speed: 40 - 90 km/h (11 - 25 m/s or 25 - 56 mph) Radio link range: Up to 3km (1.86 miles) Wind resistance: Up to 45 km/h (12 m/s or 28 mph) Ground Sampling Distance: Down to 1.5 cm (0.6 in) per pixel Relative orthomosaic/3D model accuracy: 1 - 3x GSD Absolute horizontal/vertical ac curacy (w/GCPs): Down to 3cm (1.2 in) / 5cm(2in) Absolute horizontal/vertical accuracy (no GCPs: 1 - 5 m (3.3 - 16.4 ft) Multi - drone operation: Yes (inc. mid - air collision avoidance) Automatic 3D flight planning: Yes With this exemption , it is intended that B ME Associates, along with the use of the latest technology associated with remotely piloted aircrafts, will be able to provide a safe, accurate, and reliable land surveying services to clients. Sincerely, **BME Associates** Ju stin H. Freida