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 BME Associates), which provides land 

surveying and civil engineering services 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:

Justin H. Freida

10 Lift Bridge Lane East

Fairport, NY 14450

585-317-5792

jfreida@bmepc.com
The requested exemption would authorize Justin H. Freida to perform commercial operations that would 

enhance BME Associates 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

DJI Phantom 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 use 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 follows:

- Aerial Surveying. The use of an UAV for topographic surveys will be faster and more 

accurate than traditional surveying. Large areas can be surveyed up to fifty times faster than 

ground-based land surveying. Vertical and oblique photography is combined 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.

- Construction Management. The use a UAV on construction sites may improve 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 specifications:

3DR Solo 

Specifications:

Up to 26 minutes of flight time (20 with camera and Solo Gimbal)

HD video streaming to mobile

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 3DR
DJI Phantom 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-axis (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 accuracy (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 BME 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

Justin H. Freida