# CHRISTOPHER

B. BURKE ENGINEERING, LTD. 9575 West Higgins Roa d S uit e 600 Rosemont

, Illi n ois 600

1 8 TEL (847) 823-0500 FAX (847) 823

- 0 520 

# February

1, 2016 U.S. Department

of Transportation Docket Operations,

M - 30 1200 New Jersey Avenue

, SE Room W12-140, West Bu

i lding Ground Floor Washington

, DC 20590-0001 Re: 

# Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 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, Subsection



# (f) of 49 U.S.C

. 

# § 44701, and 14 C

. F.R. Part 11

, Christopher

B. Burke Engineering,
Ltd

. seek
s an exemption from the Federal Aviation Regulations (FAR) listed below and discussed

in Attachment

A to allow

it to operate two different small Unmanned Aircraft Systems (sUAS)

: • DJI Phantom Inspire

1 • DJI Phantom

3. Christopher

B . Burke Engineering, Ltd. is a successful civil engineering consulting firm located in northeast Illinois that provides professional engineering services
to public and pr

i vate clients. CBBEL plans to use the sUAS for aerial inspection and documentation services for its projects located
in the states of Illinois and Indiana. The services include aerial surveys and mapping, inspections, vegetation surveys, wildlife surveys and obtaining still photographs, video and other data collected via onboard sensors. Though the sUAS may safely be operated by one person, flight operations performed pursuant to this exemption will consist of at least two people

: pilot in command (PIC) and visual observer. The PIC is responsible for direct and safe operations

of the sUAS, monitoring
its status and flight dynamics while maintain Visual Line of Sight (VLOS) and keeping the flight within the manufacture's spec

i fications

. The observer will b e responsib

l e for monitoring

th e airspace for other aircraft and hazards, advising the PIC before and during flight of all observed risks, and monitoring the controlled operating area. Chr

i stopher

B . Burke Engineer ing, Ltd

. is applying for exemptions
for drones, which includes the

" blanket

" Certificate

of Authorization (COA) that allows flights anywhere

in the country except restricted airspace. Christopher

B. Burke Engineering, Ltd. will comply with FAA procedures

. Before operations we will obtain

a COA from the Air Traffic Organization

to operat ions above 200

- feet AGL, will conduct operations during daytime Visual Flight Rules (VFR) within Class G air s pace, stay within the 1 mile flight vi sib ility statue

, an d stay clear of c lou ds to provid
e safety

.Applicant Information Name of the Applicant: Christopher

B . Burke Engineering

, Ltd. Contact Information: Christopher

B. Burke, PhD, PE, D.WRE, Dist.M.ASCE President Christopher

B . Burke Engineering

, Ltd

. 9575 W

. Higgins Road Rosemont,

IL 60018 Ph: 847

- 823-0500 Fax: 84 7 - 823-0520 Exemptions Requested Christopher

B. Burke Engineering,
Ltd

. requests exemptions from the following regulat

i ons

: 14 C

. F.R

. Part 21

, Subpart

H ; 14 C

. F.R. Part 27; 14 C

. F.R.
§ 45.23(b); 14 C

. F.R.
§ 45.27(a)

; 14 C

. F

. R. § 91.7

; 14 C

. F

. R. § 91.9(b)(2); 14 C

. F

. R. § 91

. 103

; 14 C

. F

. R . § 61

. 113(a)

, (b ); 14 C

. F

. R. § 61

. 133(a)

; 1 4 C

. F

. R . § 61

. 101

; 14 C

. F

. R . § 91

. 109

( a)
; 14 C

. F

. R . § 91

. 119(c)

; 14 C

. F

. R. § 91.121; 14 C

. F

. R. § 9 1 .151; 14 C

. F.R.
§ 91.203(a)(b)

; 14 C.F

. R. § 91.405(a); 14 C

. F

. R . § 91.407(a)(1); 14 C

. F.R.
§ 91.409(a)(2); and 14 C

. F

. R . § 91.417(a)(b).Applicable Legal **~tandard** Grant of this exemption application for use of the sUAS
in precision aerial surveys

, mapping and inspection operations will advance the Congressional mandate

in Section 333 of the Reform Act to accelerate the introduction

of sUAS into the national airspace system ("NAS") if it can be accomplished safely

. This law directs the Secretary
of Transportation

to consider whether certain sUAS may operat
e safe

l y in the NAS before completion
of
t he rulemak

i ng required under Section 332 of the Reform Act. In making this determination

, the Secretary is r equired
to determine which types of sUAS 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 sUAS's size, weight

, speed, and operational capability

; • Operation
of the sUAS
in close

p r oxim

i ty to airports and populated areas

; and • Operation
of the sUAS with

i n v

i sual line of sight of the ope

r ator. Reform Act § 333(a)(1

). 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." /d. §333(c). The Federal Aviation Act expressly grants the FAA the authority

to issue exempt

i ons

. This statutory authority, by its terms

, includes exempting civil aircraft

, as the term is defined under §401 01 of the Act, from the requirement that all civil aircraft must have
a current airworthiness certificate and those regulat

i ons requ

i ring commerc

i al pilots to operate airc

r aft in commercial service: subsection
(a) or (b) of this sect

i on or any of sections 44702

- 44716 of thi s title if the Administrator finds the e x emption

is in the public interest. The grant of the requested exemption

is in t he public interest based on the clear direction

in Section 333 of the Reform Act; the addit

i onal authority

in the Federal Aviation Act

, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit

, including enhanced safety and cost savings associated

w

i th transitioning

to sUAS for aerial surveys, mapp

i ng and inspections

. Christopher

B. Burke Engineering

, Ltd

. therefore respectfully requests that the FAA grant the requested exemption without de

l ay

. Supporting Discussion Airworthiness

of
t he sUAS Airworth

i ness of sUAS systems

is an important element
of th

i s exempt

i on application. The manufacturers

of prom

i n e nt sUAS syst e ms bel

i eve the

i r products meet or e x ceed airworthiness and safety requirements based on the following

: • Manufacturers have stated
in their own exemption requests that numerous public agencies within
the US currently operate their models without limitations

( pursuant
to a public agency exemption format) • UAS operations

in Canada since 2008 have been operating under that country

' s regulations without incident. • Current sUAS systems are equipped with fail
- safe

, redundant automated features which enhance or simplify take

- off and landing operatiqns along with a 'return home' feature that is controlled
by GPS/GLONASS should loss of operator communications occur.Tomaintainairworthiness,ChristopherB.BurkeEngineering,Ltd.willfollowastrictinspectionandmaintenanceprogram.ThatprogramisenhancedbyseveralautomaticchecksperformedbythesUAS.MalfunctionsthatoccurduringflightwillbedetectedbythesUASfaultdetectionsystems,whichcommunicateafaultwarningtothePICtotakenecessaryaction.Forcertainmalfunctionsandfaults(i.e.,lostcommunications,aspreviouslynoted),thesUASispreprogrammedtoautomaticallyrespondandlandeitheratadesignatedlocation(e.g.,areturnto-homeorpointoftake-off)orin-place.Inaddition,ChristopherB.BurkeEngineering,Ltd.willmaintainemergencychecklistsforproperandsafemalfunctionresponsesthatwillbeusedbythePICduringoperationofthesUAS.Intheeventofanymalfunction,thesUASwillundergoallmaintenancerequiredbythemanufacturerandundergoflighttestingbeforerecommencingcommercialoperations.ProposedOperationsandRequirementsChristopherB.BurkeEngineering,Ltd.intendstousethesUASthatweighsignificantlylessthanthe55poundupperweightlimitforthepurposeofthefollowingcommercialoperations:•Aerialstilland/orvideophotographyofexistingand/orproposedprojectsitesforand/ormarketingpurposes•Aerialsurveysandmappingoflandfordevelopmentorfeasibilitystudiesandreports•Aerialsurveysforphotogrammetryandtopographicmapping•Aerialinspectionforhydrologic,hydraulicandfloodingstudiesorreports•Aerialinspectionanddocumentationofitsprojects•Inspectionofprivateandpublicinfrastructuresuchasbridges,towers,etc.•Inspectionofwetland,wetlandbanksandsurveysofwildlifeAllofthesUASoperationswilloccurundertightlycontrolledconditionsonpublicorprivatelyownedlandattheowner'srequestandconsent,solelyduringdaylighthours,andataltitudeswellbelowthatwhichwouldposearisktootheraircraft.Theoperationswilltakeplaceinareasawayfrompeople,crowdsandairports.Moreover,duetothenatureandpurposeoftheoperationsalongwiththedatacollectionrequirements,ChristopherB.BurkeEngineering,Ltd.anticipatesthatitwillflythesUASatrelativelylowaltitudesandspeeds.Thepotentialriskofinterferencewithanotheraircraftisthereforeminimal.GrantoftheexemptionstoChristopherB.BurkeEngineering,Ltd.willbesubjecttotheconditionslistedinAttachment8,whicharebasedupontheoperatingconditionsrequiredbytheFAA'spreviousgrantsofexemptions.IntermsofthespecificaircraftChristopherB.BurkeEngineering,Ltd.willuseforitsoperations,allarecharacterizedbyahighdegreeofpre-programmedcontrolandvariousbuilt-intechnicalcapabilitiesthatlimitthepotentialforoperationoutsideoftheconditionssetforthinAttachmentB.Theywerealsodesignedwithinternalfunctionalandsafetyfeaturestoassisttheoperatorinsafeandreliableoperation.Withpre-programmedflightsandmanualcontrol,operatorscaneasilymaintainseparationfrommannedaircraftoperationsandavoidotherhazards.InthecontrolledenvironmentundertheoperationsconditionsinAttachment8,operationswillremainwithinvisualline-of-sight(VLOS)andbelow400feetAGL.Inaddition,ChristopherB.BurkeEngineering,Ltd.willobtainaCertificateofWaiverorAuthorizationfromtheFAAAirTrafficOrganizationtoaddressairspacerequirementsandprovidenotificationbyaNoticetoAirman(NOTAM).OperatorRequirementsChristopherB.BurkeEngineering,Ltd.willuseadedicatedstaffforthesUASoperations.Asaconditiontothegrantoftheexemptions,ChristopherB.BurkeEngineering,Ltd.willrequirethatthePICholdatleasteither.anairlinetransporttprivate,sportorrecreationalpilot'scertificateandeitheravalidmedicalcertificateorstateissuedvaliddriver'slicense.ThePICwillalsobesubjecttotheflightreviewrequirementspursuanttotheFederalAviationRegulations("FARs").Inaddition,thePICwillcompleteanappropriatetrainingcoursethatwillfamiliarizethePICwiththeoperationsandlimitationsofeachsUAS.TrainingwillalsoincludediscussionsonthebasicfundamentalsofsUASaerodynamicsandtechnicallimitations,aswellasthemoregeneraltopicsofweather,theNationalAirspaceSystem,andthelegalandregulatoryframework.UASinthePublicInterestTheuseofasUASinsteadofconventionalfixedwingorrotaryaircraftoffersasafetybenefitandwillachieveanenhancedlevelofsafetyasmandatedunderSection333.Approvalof·thisexemptionrequestwillbenefitthepublicinterestbyallowingsaferandmorecost-efficientinformationforChristopherB.BurkeEngineering,Ltd.andultimatelythepublic.ChristopherB.BurkeEngineering,Ltd.'suseofsUASforitsintendedoperationsbelievesitfurtherbenefitsitsclientsandthepublicasdatacollectionbyconventionalmeansusingmannedaircraftinvolveheavyaerialaircraftthatmusttravelfromnearbyairportstotheoperationallocation,carryingsignificantamountsofcombustiblefuel,andamulti-personcrew.Thenatureofintendedsurveyingandinspectionoperationsmagnifythedangersofusingconventionalaircraft,astheymayhavetoflyinunconventionaloperationsunderFAAwaiversandatlowaltitudesinpopulatedanddevelopedareas.Aerialinspectionandanalysisbytraditionalmannedaircraftisalsooftentimesimpracticalbecausetherequiredaltitudesforsafeflightcanreducetheoperativevisibilitybelowlevelsnecessarytoobtainmeaningfuldata.TheuseofsUASforproposedoperationsofferasafer,moreeconomicalandefficientmeansofdatacollection.sUAStargetedforoperationsweighsignificantlylessthanthe55poundlimitandarephysicallycarriedbyoperatingpersonneltothesurveyorsubjectsite.Thisfeaturealonereducestherisktopeopleandinfrastructureonthegroundorotherproximateaircraft.Inthecaseofpublicinfrastructureinspections,ifamoredetailedinspectioniswarranted,operatorsorplannerscanusethepreliminarysUAScollecteddatatotargetareasofconcernwithoutputtinginspectorsatriskinhazardousconditions.National securityrisksareminimizedassuch:•Thesize,loadcarryingcapacityandspeedofsUASoperationsposeminimalpotentialforsecurityissues•ThesUAScarriesnopassengers,explosivesorflammablematerials•ThesUASispre-programmedtolimititsflightenvelopetooutsidecriticalair-siderestrictionsbasedonpublishedAirportLayoutand/orAvigationEasementPlan(s)•Othersecurityconcernsaremitigatedbytherequirementofcertificatedpilots'screeningbytheUSDepartmentofHomelandSecurity(DHS)ThegrantofthisexemptionisinthepublicinterestbasedonthedirectionofSection333,thelevelofsafetyoftheproposedoperations,andthepotentialcostsavingsrealizedbytheuseofsUASinprivateandpublicinfrastructureinspectionandimprovementprojects.Accordingly,ChristopherB.BurkeEngineering,Ltd.respectfullyrequeststhattheFAAgranttherequestedexemptionwithoutdelay.Aircraft: OJ

I Inspire

1 & DJI Phantom

3 • Quad Prop Rotorcraft • On-board sensors for data collection • On-board sensors for flight control and GPS location • Specifications
per manufacturer website: http://www.dji.com Sincerely, **Chr~~WRE,** Dist.M.ASCE PresidentAttachment

A Exemptions Requested Pursuant
to 14 C

. F

. R. 11.81€, Cristopher

B . Burke Engineering

. Ltd

. requests exemption from the following regulations: • 14 C.F.R. Part 21 Subpart

H - Airworthiness Certificates o Establishes: The procedural requirements
for the issuance
of airworthiness certificates
as required by 14 C.F.R. 91.203 (a)(1) Given the small size of the UA and the safeguards that will be taken as outlined below

, an exemption from Part 21 Subpart

H meets the requirements

of an equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration

" of the size

, weight

, speed

. Operational capability, and proximity
to airports and populated areas of the particular UAS ". • 14 C.F.R Part 27- Airworthiness Standards: Normal Category Rotorcraft o Establishes: The procedural requirements
for airworthiness certification

of n ormal category rotorcraft To the extent the DJI Inspi

r e 1 and DJI Phantom

3 would otherwise require certificat

i on under Part 27, Christopher

B . Burke Engineering,
Ltd

. seeks an exemption from Part 27's airworthiness standards for the same reasons identified

in the request for exemption from 14 C

. F.R. Part 21

, Subpart

H . • 14 C

. F.R.
§ 45.23(b)

& § 45.27(a)- Aircraft Marking and Identification Requirements o When marks include only the Roman capital letter "N" and the registration number is displayed
on limited, restricted
or light-sport category aircraft or experimental

or provisionally certificated aircraft

, the operator must also display on that aircraft near each entrance
to the cabin

, cockpit, or pilot station,

in letters not less than 2 inches nor more than
6 inches high, the words

" limited

," "restricted."

" light

- sport,

" , "experimental,"

or "provisional,"

as applicable

. Christopher

B. Burke Engineering

, Ltd

. will ensure compliance with§ 45.29(f) to meet the intent of the regulation
by displaying the registration number

in the largest practicable letter

i ng. • 14 C

. F.R.
§ 91.7 (a)- Civil Aircraft Airworthiness o No person may operate a civil aircraft unless

it is in an airworthy condition. The PIC will conduct daily pre post flight inspections

in accordance with manufactures maintenance manual(s) and guidance

. During flight the PIC will adhere to § 91

. 7(b) and abort air operat

i ons immed iately upon identificat

i on of an in-flight emergency

or other unsafe condition.
By complying with procedures outlined by the manufacturer

, an equivalent level of safety will be achieved. • 14 C.F.R

§ 91.9(b)(2)- Civil aircraft flight manual, marking, and placard requirementso (b)(2) prohibits operation
of U

. S.-registered civil aircraft unless there is available

in the aircraft

a current approved Airplane
or Rotorcraft Flight Manual, approved manual material, markings

, and placards,
or a combination thereof

. All operating documents, manuals, authorizations and exemptions will be kept in a binder that accompanies
the UAS.

It is our opinion that this meets the intent of the regulation and therefore achieves an equivalent level of safety. • 14 C.F.R.

§ 91.103: Preflight Action o Each pilot in command shall

, before beginning

a flight, become familiar with all available information concerning the flight including information contained

in the FAA-approved Flight Manual on board the aircraft. The sUAS will not have
a Flight Manual on board

. The PIC will take all actions including reviewing weather

, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Under these circumstances,
the FAA has stated that no exemption

is required

. An exemption

is requested

to the extent that FAAapproved Flight Manual

is required. • 14 C.F .R. § 61.113(a)(b) and § 61.133(a)(1 )(ii) and§ 61.101 -Recreational, Private and Commercial Pilot Privilege and Limitations o 14 C.F.R.

§ 61.113

: (a) Except as provided

in paragraphs
(b) through (g) of this section

, no person who holds
a private pilot certificate may act as p il ot in command of an aircraft that is carrying passengers

or property fro compensation

or hire; nor may that perso

n , for compensation

or hire, act as pilot in command
of an aircraft. (b) A private pilot may, for compensation

or hire, act as pilot in command
of an aircraft
in connection with any business
or employment. o 14 C.F.R
§ 61.133

: (a) Privileges-
(1) General.

A person who holds
a commercial pilot certificate may act as pilot in command
of an aircraft

- (ii) For compensation or hire, provided the person

is qualified

in accordance with this park and with the applicable parts of this chapter that apply to the operation

. o 14 C.F.R.

§ 61.101: (a) A person who holds
a recreational pilot certificate may not act as pilot in command
of an aircraft: • For compensation

or hire; • In furtherance

of a business

; UA operations will employ

a PIC who holds, either an a

i rline transport

, commercia

l, pr

i vate

, recreational

or sport pilot certificate
of any category or class

. The PIC will hold a current FAA airman medical certificate
or a valid U

. S. driver

' s license

i ss ued by a state, the District of Columbia

, Puerto Rico

, a territory

, possession

, or the Federal government. The PIC will also meet the flight review requirements specified

in 14 C.F

. R . § 61

. 56 in an aircraft

i n which the PIC is rated on h

i s or her p

i lot certificate

. • 14 C.F.R.

§ 91.109(a)- Flight Instruction o No person may operate

a civil aircraft (except

a manned free balloon) that is being used for flight instructions unless that aircraft has fully functioning dual controls. By design, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control

i s accomplished through the use of a control box that communicates withthe aircraft via radio communications.
The FAA has previously approved exemptions for aircraft without fully functional dual controls. The equivalent
of safety provided by the fact that neither

a pilot or passengers will be carried
in the aircraft, the ability to control the UAS via radio signals from the controller, and the size and speed of the aircraft. • 14 C.F.R.

§ 91.119(c)- Minimum Safe Altitudes o Except when necessary for takeoff or landing

, no person may operate

a n aircraft below the following altitudes: (b) Over any congested area of a city

, town

, or settlement

, or over any open air assembly
of persons

, an altitude of 1,000 feet above the highest obstacle within
a horizontal radius of 2,000 feet of the aircraft, (c) Over other than congested areas

. An altitude of 500 feet above the surface

, e xce pt over open water or sparsely populated areas

. IN those cases

, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle

, or structure.
(d) Helicopters, powered parachutes, and weight-shift-cont

r ol aircraft.

If the operat

i on is conducted without hazard to persons or property on the surface- (1) he

l icopter may be operated
at less than the minimums prescribed

in paragraph
(b) or (c) of this section

, provided each person operating the helicopter complies with any routes and altitudes specifically prescr

i bed for helicopters
by the FAA

. Commercial UAS operations will be conducted
at or below the maximum altitude authorize by CO A. Given the size

, weight and lack of fuel; combined with operation lim

i tations listed below, the operation will be conducted with a greater level of safety than
e x ists with current manned aviation operations

. • 14 C.F

. R. § 91

. 121- Altimeter Settings o Each person operating
an aircraft shall maintain the cruis

i ng altitude or flight level of that aircraft

. As the case may be, by reference
to an a

l timeter that is set

, when operating
... UASs are equipped with Global Positioning System (GPS), which provides altitude and gee-location data to the operator without utilizing an altimeter

. Due to the fact, an exemption

is required

. GPS are precise within
a few feet and comb

i ned with fail-safes and a visual observer the operation will meet an equivalent level of safety

. • 14 C.F .R. § 91.151 (a)

- Fuel Requirements
for Flight in VFR Conditions o No person may begin

a flight
in an airplane under VFR conditions unless (considering wind and forecast conditions) there
is enough fuel to fly to the first point of intended landing and, assuming norma

l cruising speed- (1) during the day, to fly after that at least 30 minutes; The regulation

is written based on the capabilities

of a traditional aircraft, which have

f li ght times of several hours or greater; therefore, with the majority of the UAS which have flight times of only
1 hour or less

, this regulation would effectively deny the ability of the air vehicle to operate

. The PIC will achieve an equivalent level of safety by complying with all manufacture guidelines.• 14 C.F.R.

§ 91.203 (a) & (b)- Carrying civil aircraft certification and registration o The regulation provides

in part

: (a) except as provided

in § 91.715

, no person may operate

a civil aircraft unless

it has within

it the following: (1) An appropri

a te and current airworthiness certificate
... (b)No person may operate

a civil aircraft unl es s the a

i rworthiness certificate required by paragraph
(a) of this section or a special flight authorization issued under

§ 91

. 715 is displayed

at the cabin or cockpit entrance so that
it is legible to passengers

or crew. The UAS fully loaded weighs no more than 30 lbs and is operated without onboard pilot. Therefore there
is no ability or place to carry certification and registration docum

e nts or to display them on the UAS. An equivalent level of safety will be achieved by keep

i ng these documents

at the ground flight control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicabl

e to the UA S. Th e FAA ha s i s sued num e rous exemptions

to this regulation

. • 14 C.F.R

§ 91.405(a),

§ 91.407(a)(1

), § 91.409(a)(2) and§ 91

. 417(a)
& (b)- Maintenance Inspections o § 91.405(a) States: Each owner or operator of an aircraft (a) Shall have that aircraft inspected
as prescribed

in subpart

E of this part and shall between required inspections,

e x cept as provided

in paragraph
(c) of this section

, have discrepancies repaired as prescribed

in part 43 of this chapter. o § 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone maintenance

, preventive maintenance, rebuilding

, or alterations unless (1) It has been approved for return to service by a person authorize under 42

. 7 of this chapter. o § 91.409(a)(2) States: (a) Except as provided

in paragraph
(c) of this section, no person may operate an aircraft unless, with

i n the preceding
12 calendar months,

it has had (2) An inspection for issuance
of an a

i rworthiness certificate

in accordance with part 21 of this chapter

. No inspect

i on performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unles
s it is performed
by a person authorized

to perform annual inspections and is entered as an "annual" inspection

in the required maintenance records. o § 91.417(a)

& (b) States: (a) Except for work performed

in accordance with
§ 91.411 and § 91.413

, each registered own e r or operator shall ke e p the following records for the periods specified

in paragraph (b) of this section

: (paragraph

1 (i-iii), 2 (i - vi)); (b) the owner or operator shall retain the following records for the periods prescribed: (paragraphs 1-3)

. The PIC will conduct Pre/Post flight inspections and maintenance

in accordance with the manufacturer's guidance
as stated
in the operations manual.

If maintenance

is required, the PIC will conduct

a dedicated test flight will be conducted

to ensure safety before resuming commercial operations

. All inspections, maintenance and alterations will be documented and maintained

in a record. These actions will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level safety.Attachment

B Christopher

B. Burke Engineering,
Ltd

. Operating Restrictions and Limitations 1. Operations shall be limited to the following aircraft: The DJI Inspire

1 and the Phantom

3 (collectively "sUAS"). Both of the aircraft weigh less than 55 pounds. Proposed operations of any other aircraft will require

a new petition or a petition to amend this grant. 2. The sUAS shall not be flown at a ground speed exceeding 100 mph or no more than the maximum permissible operating speed required by the manufacturer

, whichever

is less

. 3. Above Ground Level ("AGL") altitude sha
ll be restricted
to 400 feet, as indicated by th e procedures specified

in the GOM. All altitudes reported
to Air Traffic Control

( " ATC

" ) shall be in feetAGL. 4 . The sUAS

s h a ll be op e rated within Visual Lin e-o fS

i g ht ("VLOS")
of the pilot

- in - com m a nd ( "P IC " ) and visual observer

at all times

. The PIC must use human vision unaid
e d by any device other than corrective lenses, as specified
on the PIC's FAA- issued medical certificate. s . All operations must utilize
a v isual observer. The visual observer may be used to satisfy the VLOS requirement

as long as the PIC maintains VLOS capability. The observer and PIC must be able to commun

i cate verbally
at all times

. The PIC must be designated before the fl ig ht and cannot transfer his or her designation
for the duration of the flight. 6. Any and all additional requirements identified

in the exemption grant by the FAA shall be added to this Operating Restrictions and Limitations list. 7. Prior to each flight the PIC must inspect the sUAS to con firm that it is in a condition for safe flight. The PIC shall not operate the aircraft

if the inspection reveals

a condition that affects the safe operation
of the sUAS until the necessary maintenance has been performed and the sUAS
is found to be in a condition for safe flight. The Ground Control Station ("GCS

" ) shall be included

in the preflight

in s pection. All maintenance and alternations must be properly documented

in the aircraft records. 8. Any sUAS that has undergone maintenance

or alterations that affect the sUAS operation or flight characteristics

(e

. g ., replacem

e nt of a flight critica

l component) must undergo

a functional test flight. The PIC who conducts the functional test flight must make an entry in the sUAS aircraft records of the flight. 9. Christopher

B. Burke Engineer

i ng, Ltd

. must follow the manufacturer's sUAS aircraft/component maintenance,

ov e rhaul

, replacement, inspection

, and lif e limit requirements, with particular attention
to flight crit ical components that may not be addressed

in the manufacturer

' s manuals. 10

. Chr

i stopher

B . Burke Engineering,
Ltd

. s hal

l carry out the sUAS maintenance, inspections, and record keeping requirements. Maintenance, inspect

i on

, and alterations must be noted in the aircraft logbook, including total flight hours, description

of work accomplished, and the signature
of the authorized sUAS technician returning the sUAS to service

. 11. The PIC must hold either
a airline transport, private, recreational

, or sport pilot certificate

. The P IC must hold a current FAA airman medical certificate
or a valid U

. S . driver's

li cense issued by a state, the District of Columbia,
Pu er to Rico,
a territory

, a procession,

or the Federal government. The PIC must also meet the flight review requirements specified

in 14 C.F.R

. § 61

. 56 in an aircraft

in which the PI C is r ated on his or her pilot certificate

.12. Christopher

B. Burke Engineering, Ltd. will not permit any PIC to operate the sUAS unless and until that PIC has demonstrated through the training and currency requirements that the PIC is able to safely operate
th e sUAS
in a manner consist

e nt with
h o w the sUAS will be operated pursuant
to this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 13

. The sUAS shall not be operated directl
y over any person, except authorized and consenting indi v id u a

l s, below an a lti tude that is hazardous

to persons or property on the surface

in the e v ent of a sUAS failure or emergency. 14

. Operating
of the sUAS may be conducted

at distanc

e s less than 500

f ee t from participating persons

, vessels, vehicles
or structures that perform an essential function

in conn
e ction with these special purpose operations

. Operations closer than 500 feet from the PIC, visual observer

, operator trainees

, and es s enti a l p e rson s , are p e rmitt e d wh e n op e r a tion a lly necessary

; but never

s o clo se as to pr ese nt a n undu e hazard

. 15. Operations

of the sUAS may be conducted

at distances less than 500

f ee t from
v esse

l s, vehicles
or structures
so long as the owner/controller grants such permission and th e operation closer to these objects presents no safety hazard to nonparticipating persons or property

. 16. Operation

of the sUAS must be conducted

at least 500 feet from all nonparticipating persons,

v essels

, v ehicles

, and structures. 17
. If the sUAS loses communications

or loses its GPS signal, the sUAS must return to a predetermined location within the security perimeter and land or be recovered

. 18. The sUAS must abort the flight in the event of unpredicted obstacles
or emergencies. 19

. Christopher

B. Burke Engineering

, Ltd. shall obtain an Air Traffic Organization (ATO} issued Certificate
of Waiver of Authorization (COA) prior to conducting any operation. This COA will also require the filing of the NOT AM not more than 72 hours
in advance

, but not less than 12 hours prior to the operation. 20

. All aircraft operated

in accordance with the requested exemption must be identif

i ed by serial number, registered

in accordance with 14 C.F

. R. Pa
r t 47, and have identification

(N Number) mark

i ngs in accordance with 14 C

. F.R. Part 45, Subpart

C . Markings shall be as large as practicable. 21. Ea c h sUAS must comply with all manufacturer Sys

t em and Safety Bulletins

. 22

. The radio frequency spectrum used for operation and control of the sUAS must comply with Federal Communication (FCC) or other appropr

i ate government overs

i ght agency requirements. 23

. The documents required under 14 C

. F

. R. § 91

. 9 and § 91

. 203 shall be available
to the operator
at the Ground Control Station of the sUAS any time the aircraft
is op e rating

. These documents must be made available

to the Admini

s tr a tor or any law enfor ce m e nt o ffi c

i a l upon request. 24

. The sUAS must remain clear and yield the right of way to all other manned operations and activities
at all times (including, without limitation, ultralight vehicles, parachute activities, parasailing activit

i e s , ha n g gliders, etc.)

.25

. Operations shall occur under Visual Meteorological Conditions (VMC); flights under special visual flight rules (SVFR) shall not be conducted. 26

. UAS shall not be operated from any moving device or vehicle. 27. UAS shall not be operated less than 500 fe e t bel o w or less than 2,000

f ee t hori z ont a lly from a cloud or when visibility

is less than 3 statute miles from the PIC

. 28. The sUAS may not operate

in Class B, C, D or E a

i rspace without written approval from the controlling authority. Operations will not be conducted within

a 5 NM range of the geographic center of an airport as denoted on a current FAA-published aeronautical chart unless permission has been obtained from the local control tower or, in the case of a nontowered airport, written notice has been provided
to the airport's management

, and the operation

is conducted

in accordance with a NOTAM as required by the grant of thi s exemption

. 29

. Take

- off and landing op e r a tion s s hall be conduct

e d ov e r priv a t e a nd/or controll

e d -access prop e rty (i.e

. no unauthoriz

e d person

s ) . P e rmi ss ion from th e

l a ndown

e r, co ntr o ll e r, manager or authorized

r e presentative will be obt a in e d for e ac h flight to b e c ondu
c t e d . 30

. UAS operations may not be conducted during night, as defin
e d by 14 C.F

. R . § 1.1

. All operations must be conducted under visual meteorological conditions ("VMC

" ) . Flights under special visual flight rules (SVFR) are not authorized.