April 26, 2015

From: Kyle Ferreira, Bergen County Aerial Media

286 Werimus Road

Woodcliff Lake, NJ 07677.3

Kyle.Ferreira@yahoo.com

Re: Exemption Request under Section 333 of the FAA Reform Act

To Whom It May Concern,

I would like to begin my petition by introducing myself to you so that you understand my 

background and concerns with safety and operation of a UAS. I have been involved with remote 

controlled aircrafts for over 10 years, and in that time have operated various types from fixed wing to 

single and multi-rotor platforms. As a hobbyist, I have flown in a variety of locations, and with the 

integration of first-person-view (FPV) cameras, I have come to love the breathtaking views that it 

provides. The moment that I printed out my first aerial panoramic picture of my house, I knew that this 

would be a service that millions would want, and I would love to provide that service. The ability to view 

areas and properties from the perspective of a bird is simply awe-inspiring. 

I have been involved in public service for over 12 years and am currently a full- time police 

officer, as well as a volunteer fire-fighter/ EMT. The sole existence of my career has been to help people 

and to ensure their safety. I have taken this concept into my personal life, especially when I operate any 

UAS. Prior to the NPRMs regarding commercial UAS operations, I had already completed FAA- approved 

ground schooling for my Private Pilot’s License, and passed the Airmen Knowledge Test. Although I 

understand the classes do not improve your remote controlled operational skills regarding the flight of 

the UAS, I wanted to become extremely knowledgeable regarding National Air Space and FAA 

regulations so that I was able to operate in safe manner, away from any manned aircraft or other safety 

concerns.

Currently, I own the DJI Inspire 1 quadcopter. With this platform, I have logged over 500 hours 

of flight as a hobbyist. I feel that this is a great machine, and allows me to feel comfortable operating it 

due to its multiple safety features including a failsafe return to home, vision positioning system, and 

preprogrammed “no-fly zones”. The technology that the Inspire possesses would be a great tool to the 

public as I can provide them with a multitude of services including videography and still photography

that the average resident may not be able to afford. 

My petition is modeled after the Douglas Trudeau exemption (Docket #:2014-FAA-0481

Exemption #:11138) which has proposed many of the same uses and safety measures that I address. My 

petition is also the same model UAS and has the same potential uses as exemption numbers: 11418, 
11314, 11359, 11342, 11323, 11336, 11398, 11416, 11384, and 11385. At this time, I would like to begin 

my formal petition for exemption to operate a UAS.

To the Federal Aviation Administration,

I, Kyle Ferreira, the owner of Bergen County Aerial Media, hereby request exemption from the 

following subsections of Title 14 of the Code of Federal Regulations (14 CFR):

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a)

14 CFR 61.113 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) 2

14 CFR 91.103

14 CFR 91.109

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a)

14 CFR 91.203 (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) 1

14 CFR 91.409 (a) 2

14 CFR 91.417 (a)

14 CFR 91.417 (a)

I support my request with the following information:

My intention is to operate the DJI Inspire 1 quadcopter. The Inspire 1 is comprised of a 

multirotor unmanned aircraft and a portable ground station. The Inspire 1 is a quadcopter that does not 

exceed 55lbs (including payload). It is equipped with four model “DJI 3510” motors, powered by a six cell 
lithium-ion battery that has a maximum airspeed of 22 m/s. The Inspire 1 has a high definition camera 

that is capable of producing high definition videos and still pictures. My intentions are to use this camera 

to photograph aerial views that cannot normally be achieved without an aircraft. I plan to then provide

these pictures to various clients including: real estate agents, private home owners, and commercial 

businesses. As stated before, my primary concern is the safety of any individual, structure, or craft on 

the ground, or anywhere in National Air Space. I plan on adhering to all of the operational 

recommendations of the manufacturer, as well as enhancing them by the following set of Operational 

Guidelines:

1.) The UAS will weigh less than 55 lbs. (including payload)

2.) Flights will be operated within visual line of sight of the Pilot in Command (PIC) and/ or the 

visual observer (VO).

3.) The PIC and VO will be in constant communication by voice, or by radio.

4.) The PIC will hold either an airline transport, commercial, private, recreation, or sport Pilots

license, with either a FAA second class Airman medical certificate or higher; or a valid U.S. 

driver’s license issued by the State or Federal Government.

5.) The PIC must have a minimum of 20 hours of flight time operating the UAS.

6.) Maximum flight time will not exceed 20 minutes in duration. Flights will be terminated when the 

battery reaches a 30% level, or 20 minutes in duration, whichever comes first.

7.) Flights will be operated at an altitude of no more than 400 feet above ground level (AGL). 

8.) The PIC will utilize the UAS’s global positioning system (GPS) flight safety feature so if 

communications are lost between the radio and UAS, the craft will slowly hover, return to a 

predetermined location, and safely land autonomously.

9.) The PIC will contact the respective airport if operations will be within a 5 miles radius, and will 

provide them contact information as well as flight times, durations, elevations, and other 

pertinent information.

10.)The PIC will operate the UAS in reasonably safe environments that are strictly controlled and 

where prior authorization has been granted.

11.)The PIC will operate in areas where a thorough preflight size up has been conducted to identify 

power lines, elevated lights, airports, actively populated areas, or any other potential hazard.

12.)The PIC will operate only after conducting an extensive preflight checklist, where the UAS and 

ground station have been inspected following the strict set of protocols, during which safety is a 

primary concern.

13.) The PIC will have an emergency procedure in place to abort flights in the event of an unsafe 

condition or potential danger.

In regards to 14 CFR Part 21 subpart H (Airworthiness Certificates) this subsection establishes 

the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 

(a) (1). Given the DJI Inspire 1’s size, weight, maximum air speed, and limited operating area where the 

aircraft will be utilized, an exemption meets the requirements for level of safety under 14 CFR part 11 

and Section 333 of P.L. 112-95 (Section 333).

I request an exemption 14 CFR 45.23- Marking of aircraft, due to the fact that the UAS does not 

have an entrance to the cabin, cockpit or pilot station on which the word “experimental” can be placed. 
Also, due to the size of the UAS, two inch lettering would be impossible. Regardless, I will place the word 

“experimental” on its fuselage as required by § 45.29 (f) so that the PIC or anyone assisting him as a VO 

or spotter will see the markings.

14 CFR 91.405 (a), 14 CFR 91.407 (a)1, 14 CFR 91.409(a) 2, 14 CFR 91.417 (a), and 14 CFR 91.417 

(b) state that maintenance inspections may be required for civil aircraft. This exemption should be 

granted since they only apply to an aircraft with an airworthiness certificate. In order to ensure that the 

UAS is constantly airworthy and safe, I will perform a thorough preflight checklist/ inspection of the UAS 

as outlined in my operational documents. I will also follow all recommendations of the manufacturer’s 

maintenance manual.

14 CFR 61.113 (a) and 14 CFR 61.113 (b) states that no persons who holds a private pilot’s 

certificate may act as Pilot in Command of an aircraft carrying passengers or property for compensation 

or hire. I am seeking an exemption to this since my UAS does not carry any pilots or passengers. 

Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks associated with 

the operation of my UAS is extremely less than the risk levels associated with commercial activities 

outlined in 14 CFR 61.

14 CFR 91.7(a) is a regulation that requires that no person operate a civil craft unless it is in 

airworthy condition. Due to there not being an airworthiness certificate issued to my UAS, this would 

not be possible. The size of the aircraft, as well as the strict safety checklist and inspection that must be 

performed before each flight will ensure that the UAS is the equivalent level of safety.

14 CFR 91.9 (b) 2 requires that No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. Given the small size of my UAS, it has not 

place to store such a flight manual on the aircraft. The equivalent safety/ flight manual will be stored 

with the PIC on the ground in case of an emergency.

14 CFR 91.103 requires that each PIC takes certain actions prior to each flight, to ensure the 

safety of the flight. I am requesting an exemption and will require that the PIC take all the necessary 

preflight actions, including but not limited to: reviewing the weather patterns, reviewing battery 

requirements, ensuring a safe take off/ landing zone, and completing a thorough preflight checklist prior 

to each flight.

14 CFR 91.109 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

The UAS by design only has one set of controls to operate. The equivalent level of safety is provided by 

the fact that of UAS’s size and speed, as well as not be carrying any pilots or passengers. 

14 CFR 91.121 requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” The DJI Inspire 1 does not have an altimeter, but instead a 

GPS altitude reading that is calibrated to the point of takeoff. An equivalent level of safety will be 

achieved by the PIC by confirming the altitude at the point of takeoff.
14 CFR 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that 

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery of the DJI 

Inspire 1 provides approximately 25 minutes of powered flight thus making it impossible to meet the 30 

minute reserve requirement in 14 CFR 91.151. Given the limitations of the UAS proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for flight in 

daylight or twilight VFR conditions is reasonable. Maximum flight time will not exceed 20 minutes in 

duration. Flights will be terminated when the battery reaches a 30% level, or 20 minutes in duration, 

whichever comes first.

In a world that is pushed forward by technology, UAS’s are becoming more prevalent in today’s 

society whether they are used for hobbyist or commercial purposes. Everyone from realtors to 

commercial businesses are interested in the views from the air, but to small businesses, the expense of 

hiring a private airplane or helicopter is cost prohibitive. Granting an exception to me will allow this 

service to be provided to these interested parties at a much lower cost, and will have a greater impact 

on the society around me. I feel that not only will my photos and video have a positive effect on the 

clients I do business with, but also the community at large when they learn of the safety procedures that 

I have implemented.

Your consideration in this matter is greatly appreciated.

Respectfully Submitted,

Kyle Ferreira

Bergen County Aerial Media