# BFA IMAGES MATTER.

Th e Ho no rabl e M i c h ae l P. H u e r ta Office of the Admin istrator Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591
October 1, 2015 Ma r co Ped d e BF ' A sUAS Op erations BFA LLC. 20 west 20 Street Suite 700

New York City, NY lOOll Tel 212

- 924-4250

RE: B FA s UAS P e tit i on for Ex e m p t i o n Pu r s u a nt to FMRA S e c 333 an d 14 C F R P art 11 D ear Administrator Huerta: BFA LLC . ('BFA') hereby petitions the FAA for regulato r y re lief pursuant to Section 333 of P . L. 112

- 95 and 14 C.F . R. Sec . 11.81 to condu ct commercial flights using the DJI I nsp ire 1, D J I Spreading Wings S l OOO, and DJI Phantom 3 Professional sUAS for the following applications :

• Aerial V ideography a n d 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. 91.1 5l(a) • 1 4 C.F.R. 91.203 • 1 4 CFR 91.405 (a) ; 407 (a) ( l ) ; 409 (a) (2); 417(a) (b) Th e FAA has issu ed grants of e x em ption in circumstances s imil ar in all material r es p ects to those presented in this petition , s p ec ifically Exemptions No . 11806 to Terra Imaging , 11751 to James Hamlin , and 11 54 1 Vi s ion Pictures, LLC ; and we therefore r equest that our peti t ion be gr a nted without delay. Addi tional s imilar exemptions include (cinematography) No. 11488 , 11477, 11440 , 11401 , 11362 , and 11270 a nd (videography) No. 11842 , 11843 , 11845, 11848 , 11850 , 11820 , 11822 , 11825 , 11826 , 11829 , and 11833. BFA has a lso provided support ing docume ntation to include; a Gen eral Op erations Manual (BFA Manual') which is co mpo sed of (1) an operations manual, (2) fligh t m a nual s for each of the BJ:,"'A models; (3) an Op erator Training Manual , (4) a Maintenance and I nspection Manual, and (5) an sUAS motion pi ctur e and t elev is ion operations manual (MPTOM) . Pl ease note t h at a ll the BFA M a nual (in clud in g al l of the above listed components) are clea rly marked " Confidential " on each page and contain co nfid ential co mm ercial and proprietary information t hat BFA ha s not and will not share with oth ers who are not sub j ect to a " Nondi scl osu re Agreement" ( DA). Therefore, the BFA

. Manual (incl uding all components) ar e not available t o the publi c and contain operating condi t ions, procedures a nd other inform at ion that a r e protected from publi c rel ease or disclo s ur e under t h e Fr ee dom of Information Act 5 USC Sec. 552 et seq. 

### 1 Company Description This sect ion r es ponds to th e spec ific r e quirements of 14 CFR Sec 11. 8 1. BFA is a fu ll service content cr eation agency . With offi ces in New York and Lo s Ange les, BFA aims to provide its clients with the highest quality digital content . Mailing address an d other contact information. ATTN: Ma r co P edde BFA LLC. 20 west 20 Str eet Suite 700 New Yo rk City, New Yo rk 10011 Email: marco @ bfa.com 

### 2 R e l evant Sta tut o r y Auth o rity This exemption app li cation is express l y s ubmitted to fulfill Congress' goal in p ass in g Section 333(a) through (c) of the P.L. 112

- 95 , th e FAA Moderniz ation and R eform Act (' R eform Act') . T his law directs the Secretary of Transportation to consid er whether ce rt ain unmanned aircraft systems m ay

Doc ID: f 4636162883afa3a50d089dfd69f581 d0bd9ea993 operate safely in the national airspace system (NAS) before comp letion of the rul emaking required under Sect i on 332 of the Reform Act. In making this determinati on, 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, we i ght , speed , and operational capabili ty; • Operation of the UAS in close prox im i ty to airports and populated areas; and • Operati on of the UAS within vis u al line of sight of the operator. 1 Lastly , if the Secretary determines that such veh i cles "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 Aviat ion Act exp r essly grants the FAA t h e authority to issue exempt ions. This statu tory 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 civi l aircraft must have a current ai rworthiness cert i ficate. 

### 3 Qualification for Approval Under Section 333 of th e Reform Act T h e proposed operations i n th is petition for exempt ion qualify for expedited approval under Section 333 of the Reform Act . Each of the statutory crite ria and other potent ially re l evant factors are satisfied . The requested exemption would permit BFA to perform commercial operations under contro ll ed conditions in airspace that is 1) limited 2) predetermined 3) restricted , limited, or controlled as to access and 4) wou ld provide safety enhancements to the already safe operations in these industries presently using conventi onal aircraft. Approval of this exempt i on would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibili

ties 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 l b. o r less including payload. Each BFA sUAS operates under normal cond it ions 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 al titude of 400 ft . AGL , within specific access restricted areas , either within C lass G airspace or with the permission of the ATC , using sUAS operated by BFA-qualified sUAS pilots , and wi t h in the v isual line of sight of the opera.tor and observer. Such operations will ins ure that the s UAS will "not create a hazard to users of the Nat i o n al 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 op erations of UASs to commence immediate l y . Also due to the s i ze and environment, approval of the app li cation presents no national security issue . 1 Pub lic Law 112

- 95 , 'FAA Modernization and Reform Act' Section 333 (a) 2 Id. §333(c).

Do c I D: f4636 1 628 8 3afa3a50d 0 89dfd 6 9f58 1 d0bd9ea994 Considering t he clear direction in S ection 333 of the Reform Act, the authori ty contained in the Fed eral Aviation Act, as amended, the equivalent le vel of safety surroundin g the proposed operations, and the s ignifi cant public benefit described here in , the grant of t h e r eques t ed exe mption s i s also in the public interest. 

### 4 BFA Description of Proposed Op erations BFA operat io ns will provide a level of safety that is equivalent to current av i ati o n standard s . BFA safety procedures , ri s k assessments, and flight operations standa rds ar e described in d etai l in t h e accompany in g BFA Manual. 

### In brief, the following proce dures that app l y durin g operations co n duct ed und er thi s ex emption r eq uest, esta blish an equivalent leve l of safety (ELOS) as follow s : l. The sUAS will w e igh les s than 55 lb. 2. Flight s will be oper ated within lin e of sight o f a pilot and/ or observer. 3. Flights wi ll occur during d ay light hours. 4. Flights will occur during Vi s u al F lig ht Rules Meteorological Cond i tions ( VMC ) . 5. Fligh ts will generally b e operated at an a lt i tu de of no more than 4 00 feet AG L and wit hin Class G airs p ace. Op erations in contro ll ed B , C, or D airspace will b e conducted in coordination with t he proper FSDO and ATC with prior p ermi ss ion. 6. Flights will b e terminated at 25% battery power res erve sh ould t hat occur during the operation. 7. All BFA sU AS will be U.S. registered and display marks e ither in accordance with 14 C.F.R. P art 45 , Subpart C or appro ved alternative markings. 8. Op erat ions w ill be conducted in de fin ed reg i ons and over property authorized for thi s u se by t he landowner. All operations will remain within the geographic b o un dari es of the operating area. Most operations m ay b e condu cte d within the limitations of the blank et COA authorization provid ed with 333 grants as o f 3/ 23 / 201 5 . 9. All r equired p ermiss ions and p ermits will be obtained from territorial , state , co unty or city jurisdictions, in cluding l ocal law e nforcement , fir e, or other appropriate g overnme ntal agen cies . 10. The operator will obtain t he consent of all persons involv ed and ensure that only consenting p er so n s will b e a llow e d wi thin 100 feet of t h e flight operation , and this r a dius ma y b e reduce d to 30 feet based upon an equivalent leve l of safety det ermination. 11. A briefing will be conducte d in r egard to the plann ed sU AS operations prior to each d ay' s activities . It will b e mand at ory th at all p e rsonn el who will be p erforming duti es within the boundaries of the safety perime t er be present for this bri efing. 12. Min imum crew for each operation will consist of the sU AS Pilot , the Visual Obs erver , and/ or the Camera Op er ato r. 1 3. Op e rations without a Visual Ob se rver (sU AS Pilot on l y) m ay occasi onally b e conduct e d s ub

j ect to additional a nd s p ec ifi c a ircraft equipm ent , operator competency, and flight restrictions (maximum distance from the s UAS Pilo t , maximum alt i tude, and maximum speed ) as defined in the BF A Op erat ions Manual.

Doc ID: f463 6162883afa3a50d089dfd69f581 d0bd9ea995 14. sUAS operations under this exemption will be conducted under the supervision of a designated pilot in command ( PIC ) who has fina l responsibi li ty for the operation and in accordance with 14 C .F.R. 91.3. All sUAS operators must have completed train in g 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 m inimum FAA s U AS regulations for l icensure . BFA requests that the a l ternative minimum PIC qualification proposed in BFA manual is approved by the FAA. Otherwise , BFA PI Cs must possess at least a spo rt pilot ce rtifi cate a nd hold a valid U . S. driver ' s license. 1 5 . sUAS Pilot will be Pilot in Command ( PIC ). If a pi lot cert ific ate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present (i .e . the Visual O bserver), that person can also be designated as the PI C . 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 acco rding to the BF A Manual and associated manufactu rer ' s maintenance manuals , including pre-flight and post-flight in spections . 1 8 . The PIC and observers will maintain situat ional 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 -l and 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 clo sed

- set motion pi ct ur e a nd te le v i sion filmin g a nd productio n. 1. The BFA sUAS spec ifi c motion picture and te l evision operations manual (MPT OM ) will apply to closed

- set motion p icture and television operations conducted under the exemption . 2. At least 3 days before aerial fi lming, BFA will submit a writt en Pl an of Activities to the local Flight Standards District Offi ce (FSD O ) with j urisd iction 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

co ndu cted . • Name and phone number of the person responsible fo r the on - scene operation of the UAS . • Mak e, model, and serial or -N umb er of UAS to be used. • Name and certificate number of UAS PICs involved in the aerial fi lming. • 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 cons idered unsafe. Full details are available i n the BFA Manual. 

### 5 Regulations From Which Exemption is Requested 5.1 Part 61 , C e rtifi cat ion: Pilots , Fli g ht In st ructor s , and Ground In s tructor s E x t e nt of R e li e f Part 61, all sections. Reas on for Relief Because the UAS will not carry a pi lot or passengers, the proposed operations can achieve the equ ivalent level of safety of current operations by requ ir ing the P I C opera.ting the aircraft to have at least a sport pilot's license rather than a commercial pilot ' s license to operate these sUAS. Equi val e nt Level of Safety Unlike a conventional aircraft that carries the pi lot and passengers, the s UAS is remotely controlled wi th no l i ving thing on board . The area. of operation is contro ll ed 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 ho l ding a commercial pi l ot's certificate operating a conventional aircraft. The risks assoc iated with the operation of the sUAS are so diminished from the level of ri s k assoc iated wi th commercial operations contemplated by Pa rt 61 when drafted , that allow ing operations of the sUAS as requested with a sport p ilot certificate as the PIC exceeds the present level of safety achieved by 14 C . F . R. §61.113 (a) & (b). 

### 5.2 6 1.11 3 Pri vat e p ilot privil e g e s and limit at ion s : Pilot in command . Extent of Relief Relief from requ irement to possess a private or commercial pi lot's li cense for aeri al work such as aerial survey and mapping .

Doc I D: f4636162883afa3a50d089dfd69f581 d0bd9ea997 R eas on for R e li ef §61.113 (a) stipulates that a holder of a private pilot certifi cate 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 incid ental to business and does not carry passengers o r 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 comm erc ial rating for UAS. Thus, we require r el ief in order to perform aerial work. Publi c B e n efit As described above , the public benefit includes exponential economic grO'l,vth, enhanced safety, and improved precision agriculture capabilities. In general , commercial small UAS op erations provide aerial services which are affordab le to small businesses , something that would not be poss ible without U

AS techno logy . Equival e nt Level of Safety Our operations fulfill a ll the requirements in N

- 8900.22716(c)(2)(c) for operations without a private p i lots license.



### 5 . 3 91. 7 Civil aircraft airworthiness. Extent of Relief 91.7 , all provisions. R eas on for R e li e f Should the exemption be granted allowin g commercial operation of the sUAS without an airworth in ess cert ifi cate, no standard will ex ist for airworthiness of the sUAS . Equivale nt Le ve l 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 ins uring comp li ance with the sUAS user manuals p rior to each flight . 

### 5 .4 91.119, Min i mum safe altit ud es: Genera l. 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 5 00 feet above the surface, except over open water or sparsely popu lated areas , and the aircraft may not be operated closer than 500 feet to any person , vessel , vehicle, or structure .

Doc ID : f463 6162883afa3a50d089dfd69f581 d0bd9ea998 R e a s on fo r R e li e f 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 . Equi val e nt Le ve l of S a fe ty The equivalent level of safety will be achieved g i ven the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be tak en without the required permission of the property owner and local officials, and a d vanced not ice to p artic ip ants and spectators . Because of the advance notice all affected individuals will be aware of the planned fli ght. Compared to flight operat ions with a ircraft or rotorcraft weighing far more than the max imum 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 be low 500 AGL in other industries . In add it ion, the low-altitu de operations of the sUAS will ensure separat i on between these sUAS operat ions and the operations of conventional a ircraft that must comply with Section 91.119 .


### 5.5 91.121 A ltimeter Settings Extent of Relief §91.121 R e a s on fo r R e li ef As the sUAS may not have a barometric alt imeter, but instead a GPS altitude read out, an exemp tion may be needed . Equival e nt L e v e l of Saf e ty An equ ivalent leve l of safety will be ach i eved by the operato r , p ur suant to the GOM and the Safety Check list , confirming the a ltitude of the launch s ite shown on the GPS altitude indicator before flight .


### 5.6 91.151 , Fu e l require m e nt s for fli g ht in VFR conditions. Ext e nt of R e li e f §91.151, all provis ions . Reason for Relief The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS, incl u d ing to d ays longest end urance platfo rms, are u nable to meet this requ irement beca u se of l im ited max fli ght times .

Doc I D: f4 636162883a fa3a50d089dfd69f581 d0bd9ea999 Equivalent Le ve l of Sa fety An equ i valent level of safety can be ach i eved 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 anywhe re in its limited operating area .


### 5.7 91.405, 91.407 , 91.409, 91.417 In s p ect ion and Maintenance Programs Extent of R e li ef §§91.405 , Maintenance required; 91.407 , Operation after maintenance, preventive maintenance, rebuilding , or alteration; 91.409 , Inspections; and 91.417 , Maintenance records. R eas on for R e li e f The part 91 provis i ons are not applicable to a sUAS of the de sc ribed weight class. Furthermore, FAA certified mechanics for sUAS do not at this present time exist, so full compliance is not possible. Th e sUAS flown are modular and as such entire components including engines and propell ers are minor replacements rather than major repairs . Finally, continuo u s minor a lte r at ions and payload reconfigurations of sUAS are designed and required for the operation of sUAS and do not negat ively impact airworthiness . Equivalent Leve l of Safety In s pection and maintenance manuals are u se d 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. Inspect ion and Maintenance manual s utilized contain all aircraft

- relevant items as desc ri bed in (43 Appendix D (Scope and Detail of Items) . Finally, maintenance records are maintained in the Oper at ions Database ; either online on the Skyward Platform and are therefore immediate l y audit able by regulators on demand, or as otherwise determined by BFA . 

### 6 Public Interest BFA believes that the enhanced safe ty ach ieved using a sUAS with the specifications described in this petition and supporting document s and by carrying no passengers o r crew, rather than a manned aircraft of significantly greater proportions carrying crew in addition to flammable fuel , g ives the FAA good cause to find that the UAS operations enab led by this exempt ion are in the public interest. The outputs of safe, reliable , and regulatory compliant operations of sUAS provide economic benefits hi storically unparallel ed s ince the invention of flight , b enefiting stakeholders at every l evel, both public and private. Lawful , safe aerial robotics operations will create new high-tech employment that will stimulate city and state governments; improve indu stries, create new small and large

Doc ID : f46361628 83a fa3a50d089dfd69f58 1 d0bd9ea9910 businesses; infuse new interest in STEM for children; and increase the safety of citizens through enhanced first-responder capabi li ties. 

### 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); 9 1.7 (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 Congress ion al 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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