BFA 

IMAGES MATTER. 

The Honorable M ichael P. H uerta 

Office of the Administrator 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

October 1, 2015 

Mar co Pedd e 

BF'A sUAS Operations 

BFA LLC. 

20 west 20 Street Suite 700 

New York City, NY lOOll 

Tel 212-924-4250 

RE: BFA sUAS P etition for Exempt ion Pursuant to FMRA Sec 333 and 14 CFR P art 

11 

Dear Administrator Huerta: 

BFA LLC. ('BFA') hereby petitions the FAA for regulatory relief pursuant to Section 333 of P.L. 

112- 95 and 14 C.F.R. Sec. 11.81 to conduct commercial flights using the DJI Inspire 1, DJI 

Spreading Wings Sl OOO, and DJI Phantom 3 Professional sUAS for the following applications: 

• Aerial Videography and Photography 

• Aerial Cinematography 

BFA, therefore, seeks a request for exemption from airworthiness and the following specific Title 14 

C.F.R. provisions: 

• 14 C.F.R. Part 21 

• 14 C.F.R. 45.23 

• 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) 

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• 14 C.F.R. 91.119 

• 14 C.F.R. 91.121 

• 14 C.F.R. 91.15l(a) 

• 14 C.F.R. 91.203 

• 14 CFR 91.405 (a); 407 (a) (l); 409 (a) (2); 417(a) (b) 

The FAA has issued grants of exemption in circumstances similar in all material respects to those 

presented in this petition, specifically Exemptions No. 11806 to Terra Imaging, 11751 to James 

Hamlin, and 11541 Vision Pictures, LLC; and we therefore request that our petition be granted 

without delay. Additional similar exemptions include (cinematography) No. 11488, 11477, 11440, 

11401, 11362, and 11270 and (videography) No. 11842, 11843, 11845, 11848, 11850, 11820, 11822, 

11825, 11826, 11829, and 11833. 

BFA has also provided supporting documentation to include; a General Operations Manual (BFA 

Manual') which is composed of (1) an operations manual, (2) flight manuals for each of the BJ:,"'A 

models; (3) an Operator Training Manual, (4) a Maintenance and Inspection Manual, and (5) an 

sUAS motion picture and television operations manual (MPTOM). Please note that all the BFA 

Manual (including all of the above listed components) are clearly marked "Confidential" on each 

page and contain confidential commercial and proprietary information t hat BFA has not and will not 

share with others who are not subject to a "Nondisclosure Agreement" ( DA). Therefore, the BFA 

.Manual (including all components) are not available to the public and contain operating conditions, 

procedures and other information that are protected from public release or disclosure under the 

Freedom of Information Act 5 USC Sec. 552 et seq. 

1 Company Description 

This section responds to the specific requirements of 14 CFR Sec 11.81. 

BFA is a full service content creation agency. With offices in New York and Los Angeles, BFA aims 

to provide its clients with the highest quality digital content. 

Mailing address and other contact information. 

ATTN: Marco Pedde 

BFA LLC. 

20 west 20 Street Suite 700 

New York City, New York 10011 

Email: marco@bfa.com 

2 R elevant Statutory Authority 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the P.L. 112- 95, the FAA Modernization and Reform Act ('Reform Act'). This law 

directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may 

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operate safely in the national airspace system (NAS) before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UASs do not create a hazard to users of the NAS or the public or pose a 

threat to national security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 1 

Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system."2 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 

of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

3 Qualification for Approval Under Section 333 of the Reform Act 

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant factors 

are satisfied. The requested exemption would permit BFA to perform commercial operations under controlled conditions in airspace that is 1) limited 2) predetermined 3) restricted, limited, or 

controlled as to access and 4) would provide safety enhancements to the already safe operations in 

these industries presently using conventional aircraft. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "establish requirements for the safe operation of such aircraft systems in the national airspace 

system." Section 333(c) of the Reform Act. 

Each BFA sUAS weighs 55 lb. or less including payload. Each BFA sUAS operates under normal 

conditions at a speed of no more than 87 knots. Each BFA sUAS has the capability to operate in 

either Automatic' or Manual' mode as described in the BFA Manual. 

Generally BFA sUAS operations will be below an altitude of 400 ft. AGL, within specific accessrestricted areas, either within Class G airspace or with the permission of the ATC, using sUAS 

operated by BFA-qualified sUAS pilots, and within the visual line of sight of the opera.tor and 

observer. Such operations will insure that the s U AS will "not create a hazard to users of the National 

Airspace System or the public" as per the FMRA 2012 Section 333. Given the size of the sUAS and 

the operating environment, this petition for exemption meets an equivalent level of safety, in which 

Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to 

commence immediately. Also due to the size and environment, approval of the application presents 

no national security issue. 

1Public Law 112- 95, 'FAA Modernization and Reform Act' Section 333 (a) 

2 Id. §333(c). 

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Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit described herein, the grant of the requested exemptions is 

also in the public interest. 

4 BFA Description of Proposed Operations 

BFA operations will provide a level of safety that is equivalent to current aviation standards. BFA 

safety procedures, risk assessments, and flight operations standards are described in detail in the 

accompanying BFA Manual. In brief, the following procedures that apply during operations conducted under this exemption request, establish an equivalent level of safety (ELOS) as follows: 

l. The sUAS will weigh less than 55 lb. 

2. Flights will be operated within line of sight of a pilot and/ or observer. 

3. Flights will occur during daylight hours. 

4. Flights will occur during Visual Flight Rules Meteorological Conditions (VMC). 

5. Flights will generally be operated at an altitude of no more than 400 feet AGL and within Class 

G airspace. Operations in controlled B,C, or D airspace will be conducted in coordination with 

t he proper FSDO and ATC with prior permission. 

6. Flights will be terminated at 25% battery power reserve should that occur during the operation. 

7. All BFA sUAS will be U.S. registered and display marks either in accordance with 14 C.F.R. 

Part 45, Subpart C or approved alternative markings. 

8. Operations will be conducted in defined regions and over property authorized for this use by the 

landowner. All operations will remain within the geographic boundaries of the operating area. 

Most operations may be conducted within the limitations of the blanket COA authorization 

provided with 333 grants as of 3/ 23/ 2015. 

9. 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. 

10. The operator will obtain the consent of all persons involved and ensure that only consenting 

persons will be allowed within 100 feet of the flight operation, and this radius may be reduced 

to 30 feet based upon an equivalent level of safety determination. 

11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing. 

12. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and/ or 

the Camera Operator. 

13. Operations without a Visual Observer (sUAS Pilot only) may occasionally be conducted subject to additional and specific aircraft equipment, operator competency, and flight restrictions 

(maximum distance from the sUAS Pilot , maximum altitude, and maximum speed) as defined 

in the BFA Operations Manual. 

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14. sUAS operations under this exemption will be conducted under the supervision of a designated 

pilot in command (PIC) who has final responsibility for the operation and in accordance with 

14 C.F.R. 91.3. All sUAS operators must have completed training on the normal, abnormal, 

and emergency procedures in the BFA Manual and demonstrated proficiency with the sUAS 

being operated. The PIC will meet at least the minimum FAA sUAS regulations for licensure. 

BFA requests that the alternative minimum PIC qualification proposed in BFA manual is 

approved by the FAA. Otherwise, BFA PICs must possess at least a sport pilot certificate and 

hold a valid U.S. driver's license. 

15. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS 

Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual Observer), 

that person can also be designated as the PIC. 

16. Observer and pilot will at all times be able to maintain verbal communication, either directly 

or through electronic means. 

17. Operators and engineers will maintain the sUAS system in a condition for safe operation 

according to the BFA Manual and associated manufacturer's maintenance manuals, including 

pre-flight and post-flight inspections. 

18. The PIC and observers will maintain situational awareness and perceive, process, and perform 

risk management prior to and during each operation as described in the BFA Manual. The 

PIC will terminate the operation in accordance with the BFA Manual if hazards that cannot 

be acceptably mitigated are observed. 

19. sUAS will safely stop operating and either return home or auto-land at a safe location along 

the flight path if the control link is lost. 

20. For each sUAS, the PIC will have the ability to force a controlled landing at any time. 

Operations for the purpose of closed-set motion picture and television filming and 

production. 

1. The BFA sUAS specific motion picture and television operations manual (MPTOM) will apply 

to closed-set motion picture and television operations conducted under the exemption. 

2. At least 3 days before aerial filming, BFA will submit a written Plan of Activities to the local 

Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. 

The plan of activities will include the following: 

• Dates and times for all flights. 

• Na.me and phone number of the BFA point-of-contact for the UAS aerial filming to be 

conducted. 

• Name and phone number of the person responsible for the on-scene operation of the UAS. 

• Make, model, and serial or -Number of UAS to be used. 

• Name and certificate number of UAS PICs involved in the aerial filming. 

• A statement that BFA has obtained permission from property owners and/ or local officials 

to conduct the filming production event; the list of those who gave permission must be 

made available to the inspector upon request. 

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• Signature of BFA CEO or representative. 

• A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/ or state over which filming will be conducted and the altitudes essential to 

accomplish the operation. 

3. Flight operations may be conducted closer than 500 feet from participating persons consenting 

to be involved and necessary for the filming production, as specified in the BFA sUAS MPTOM. 

In addition to the above, BFA has implemented a Safety Management System. The BFA Safety 

Manager is responsible for conducting safety audits, investigations, and inspections and is authorized 

to stop or prohibit any activity or operations which is considered unsafe. Full details are available 

in the BFA Manual. 

5 Regulations From Which Exemption is Requested 

5.1 Part 61 , Certification: Pilots, Flight Instructors, and Ground Instructors 

Ext ent of R elie f 

Part 61, all sections. 

Reason for Relief 

Because the U AS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC opera.ting the aircraft to have 

at least a sport pilot's license rather than a commercial pilot's license to operate these sUAS. 

Equivalent Level of Safety 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled 

with no living thing on board. The area. of operation is controlled and restricted, and a.11 flights 

are planned and coordinated in advance as set forth in the General Operations Manual (GOM). 

The level of safety provided by the requirements included in the GOM exceeds that provided by 

a single individual holding a commercial pilot's certificate operating a conventional aircraft. The 

risks associated with the operation of the sUAS are so diminished from the level of risk associated 

with commercial operations contemplated by Part 61 when drafted, that allowing operations of 

the sUAS as requested with a sport pilot certificate as the PIC exceeds the present level of safety 

achieved by 14 C.F.R. §61.113 (a) & (b). 

5.2 61.113 Private p ilot privileges and limitations: Pilot in command. 

Extent of Relief 

Relief from requirement to possess a private or commercial pilot's license for aerial work such as 

aerial survey and mapping. 

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Reason for R elief 

§61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command 

of an aircraft for compensation or hire; (b) states that a private pilot may act as PIC if the flight 

is incidental to business and does not carry passengers or property. Furthermore, N- 8900.227 "Unmanned Aircraft Systems (UAS) Operational Approval" paragraph 16(c)(2)(c) "Operations without 

a pilot certificate" states that a operations which conform to said paragraph may be performed by a 

PIC that does not possess a private pilots license but that has completed FAA private pilot ground 

instruction and passed the FAA Private Pilot written test. In addition, there is no mea.ns currently 

of obtaining a commercial rating for UAS. Thus, we require relief in order to perform aerial work. 

Public Benefit 

As described above, the public benefit includes exponential economic grO'l,vth, enhanced safety, and 

improved precision agriculture capabilities. In general, commercial small UAS operations provide 

aerial services which are affordable to small businesses, something that would not be possible without 

U AS technology. 

Equivalent Level of Safety 

Our operations fulfill all the requirements in N- 8900.22716(c)(2)(c) for operations without a private 

pilots license. 

5.3 91. 7 Civil aircraft airworthiness. 

Extent of Relief 

91.7, all provisions. 

Reason for R elief 

Should the exemption be granted allowing commercial operation of the sUAS without an airworthiness certificate, no standard will exist for airworthiness of the sUAS. 

Equivalent Level of Safety 

Given the size and weight of these aircraft and the requirements contained in the GOM, an equivalent 

level of safety will be achieved by insuring compliance with the sUAS user manuals prior to each 

flight. 

5.4 91.119, Minimum safe altitudes: General. 

Extent of Relief 

Section 91.119 establishes safe altitudes for operation of civil aircraft. 91.119(c) limits aircraft flying 

over areas other than congested areas to an altitude of 500 feet above the surface, except over open 

water or sparsely populated areas, and the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. 

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Reason for Relief 

To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In 

addition, due to the nature of the proposed operations, the PIC and the observer may at times be 

less than 500 feet away from structures during the operation. 

Equivalent Level of Safe ty 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well 

as the location where it is operated. No flight will be taken without the required permission of the 

property owner and local officials, and advanced notice to participants and spectators. Because of 

the advance notice all affected individuals will be aware of the planned flight. Compared to flight 

operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. described above 

and the lack of flammable fuel, any risk associated with these operations is far less than those 

presently conducted with conventional aircraft operating at or below 500 AGL in other industries. 

In addition, the low-altitude operations of the sUAS will ensure separation between these sUAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

5.5 91.121 A ltimeter Settings 

Extent of Relief 

§91.121 

Reason for Relief 

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

Equivalent Leve l of Safety 

An equivalent level of safety will be achieved by the operator, pursuant to the GOM and the Safety 

Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. 

5.6 91.151 , Fuel requireme nts for flight in VFR conditions. 

Extent of Relie f 

§91.151, all provisions. 

Reason for Relief 

The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS, 

including todays longest endurance platforms, are unable to meet this requirement because of limited 

max flight times. 

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Equivalent Level of Safety 

An equivalent level of safety can be achieved by limiting flights for the sUAS according to the safety 

limitations described in the GOM. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its limited operating area. 

5.7 91.405, 91.407, 91.409, 91.417 Insp ection and Maintenance Programs 

Extent of Relief 

§§91.405, Maintenance required; 91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration; 91.409, Inspections; and 91.417, Maintenance records. 

Reason for Relief 

The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore, 

FAA certified mechanics for sUAS do not at this present time exist, so full compliance is not possible. 

The sUAS flown are modular and as such entire components including engines and propellers are 

minor replacements rather than major repairs. Finally, continuous minor alterations and payload 

reconfigurations of sUAS are designed and required for the operation of sUAS and do not negatively 

impact airworthiness. 

Equivalent Level of Safety 

Inspection and maintenance manuals are used to maintain the sUAS in airworthy condition. Each 

sUAS is maintained according to the manufacturer standard or higher by technicians proficient in 

the building, repair, and maintenance of the sUAS. Inspection and Maintenance manuals utilized 

contain all aircraft-relevant items as described in (43 Appendix D (Scope and Detail of Items). 

Finally, maintenance records are maintained in the Operations Database; either online on the 

Skyward Platform and are therefore immediately auditable by regulators on demand, or as otherwise 

determined by BFA. 

6 Public Interest 

BFA believes that the enhanced safety achieved using a sUAS with the specifications described 

in this petition and supporting documents and by carrying no passengers or crew, rather than a 

manned aircraft of significantly greater proportions carrying crew in addition to flammable fuel, 

gives the FAA good cause to find that the UAS operations enabled by this exemption are in the 

public interest. 

The outputs of safe, reliable, and regulatory compliant operations of sUAS provide economic benefits 

historically unparalleled since the invention of flight, benefiting stakeholders at every level, both 

public and private. Lawful, safe aerial robotics operations will create new high-tech employment 

that will stimulate city and state governments; improve industries, create new small and large 

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businesses; infuse new interest in STEM for children; and increase the safety of citizens through 

enhanced first-responder capabilities. 

7 Privacy 

All flights will occur over private, limited, or restricted-access areas with the property owner's prior 

consent and knowledge. Operations will be conducted by trained crew and all other individuals will 

either be a part of the operation or consent to be present at the time of operations. 

8 Federal Register Summary 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b);14 C.F.R. §§61.113( a) & (b), 61.133(a); 91.7 (a); 91.9 (b) (2); 91.109; 91.119; 91.121; 

91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) 

& (b) to operate sUAS for commercial use. 

9 Conclusion 

BFA seeks this exemption to conduct commercial operations using sUAS within restricted-access 

areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public economic 

benefits derived from increased sUAS development will be denied, and the Congressional directive 

to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and 

operational characteristics are compliant with those described in the FivlRA and FAA's guidance 

for Sec 333 exemptions. BFA respectfully requests that the FAA grant its petition for exemption 

from airworthiness. 

Please do not hesitate to contact Andrew McCollough, the Regulatory Services POC, via email at 

exemption@skyward.io if you have any questions or concerns. 

Very Respectfully Yours, 

Marco Pedde 

BFA sUAS Operations 

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