# B A P C O

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September 15, 2015

U.S. Department of Transportation

, Docket Management System 1200 New Jersey Avenue, SE Washington, DC, 205 a 90

RE: Petition for Exemption Pursuant to Section 333 of the Federal Aviation

Administration Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulation to Operate Small Unmanned Aircraft Systems

.

Summary for Publication in the Federal Registry

Dear Madam or Sir,

Bartlett Aerial Productions Company is seeking an exemption from the Federal Aviation Regulations (FARS) pursuant to Section 333 of the Federal Aviation Administration (FAA)

Modernization and Reform Act (FMRA) of 2012 and 14 CFR Part 11. This request for exemption would enable Bartlett Aerial Productions Company to operate unmanned aircraft systems ( UAS s ) within the National Airspace System (NAS) for commercial purposes. The commercial purposes anticipated by Bartlett Aerial Productions Company involve aerial data acquisitions, including without constraint to an y aerial reconnaissance request ed by clients

within t he private and public sectors

.

The exemptions being requested pursuant to Section 333 of the FMRA and the FARs are as follows:

 Title 14 CFR Part 61.113(a) & (b)

– Private pilot privileges and limitations: Pilots in

command

 Title 14 CFR Part 91.7(a)

- Civil aircraft airworthiness.

 Title 14 CFR P art 91.9(c)

- Civil aircraft flight marking requirements

 Title 14 CFR Part 91.119

– Minimum safe altitudes: general

 Title 14 CFR Part 91.121

– Altimeter settings

 Title 14 CFR Part 91.151 (b)

– Fuel requirements for flight in VFR conditions

 Title 14 CFR Part 91.405(a)

– Maintenance required

 Title 14 CFR Part 91.407(a)(1)

- Operation after maintenance, preventive maintenance, rebuilding, or alteration

 Title 14 CFR Part 91.409 (a)

– Inspections

 Title 14 CFR Part 91.417 (a) & (b)

– Maintenance records

Bartlett Aerial Productions (BAPCO) was founded in the wild and wonderful state of West Virginia in 2014 . Seeing the opportunities available, BAPCO has deve loped a vast portfolio

of charitable and recreat ional flights that make us the reliable choice for aerial data acquisitions in the area . Once FAA exemption has been granted, BAPCO will be able to fully

engage in new opportunities that were otherwise noted as non

- recreational.

A cquiring dat a via UAS will make ( BAPCO ) capable of composing a feasible solution all the

whi le improving overall safety and reducing environmental impacts. These factors not onlyB APCO ’ s Petition for Exemption

f rom Section 333 2 provide benefits to our clients, they also provide additional b enefits to the public as well.

UAS s will enable BAPCO to exp lore additional markets beyond those described in the abovementioned executive summary while staying in compliance with the present and future regulations. Enh anced safety measures by using UAS s will be recognized by the reduction of ground crews needed to gather the same data using traditional methods and reducing the

pay load and overall weight of the UAS in comparison to other manned aircraft systems. The

welfare of the environme nt will be sustained sinc e the UAS s that will be used by BAPCO will not emit carbon dioxide (CO 2 ). Additionally, UAS s will also reduce the amount of necessary commutes to proposed project locations as the aerial data can often be acquired in

one visit, thereby reducing motor vehicle C O 2 emissions.

BAPCO has established the proposed UAS s to be used for com mercial purposes. The proposed UAS s and associated safety features and technical specifications described herein

have been established as the mini mum standards for which future UAS s may be purchased.

The sai d UAS s to be used are the DJI Phantom 3 Professional, DJI Inspire 1, and the DJI Spreading Wings S1000 + . Additional information pertaining to the UAS s , operations, safety precautions, and supplementary information will be described herein.

Identity an d Contact Information of the Petitioner :

Name: Brandon G. Bartlett, Bartlett Aerial Productions Company

Address: 17 Orch ard Acres Drive

Morgantown, WV, 2650 8

Phone: 304

- 677

- 3366

Email: bbartlett316@gmail.com

Proposed UAS s and Operation

To introduce brevity to the exemption process, BAPCO has listed the aforementioned UAS s in exemptions that have been previously granted by the FAA. A summary table and links to the respective manufacturer’s manuals describing various c haracteristics of the proposed

UAS s have also been included for detailed examination of proposed UAS safety features.

BAPCO is seeking an exemption to operate the DJI Phantom 3 Professional UAS. The

Phantom 3 Professional has been listed as the prescribed UAS in a number of exemptions granted by the FAA. Said exemptions include: Exemption Nos. 12727, 12706, and 12691. Information regarding the DJI Phantom 3 Profess ional can be found in Table 1 and/or within

the manufacturer’s manual s by following the links below

.

DJI Phantom 3 Professional User Manual: http://download.dji

innovations .com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en. pdf

DJI Phantom 3 Professional Safety Guidelines: http://download.dji

innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf

BAPCO is seeking an exemption to operate the DJI Inspire 1 UAS. The Inspire 1 has been listed as the prescribed UAS in a number of exemptions granted by the FAA. Said exemptions include: Exemption Nos. 12846

, 12835, and 12 759

. Information regarding theB APCO ’ s Petition for Exemption

f rom Section 333 3 DJI Inspire 1 can be found in Table 1 and/or within the manufacturer’s manual s by following

the links below

.

DJI Inspire 1 User Manual: http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

DJI Inspire 1 Safety Guidelines: http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.pdf

DJI Inspire 1 Maintenance Manual: http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf

BAPCO is seekin g an exemption to operate the DJI Spreading Wings S1000+ UAS. The

S1000+ has been listed as the prescribed UAS in a number of exemptions granted by the FAA. Said exemptions include: Exemption Nos. 12721 and 12706. Information regarding the DJI Spreading Wi ngs S 1000+ can be found in Table 1 and/or within the manufacturer’s

manual by following the link below

.

DJI Spreading Wi ngs S 1000+ User Manual: http://download.dji

innovations.com/downloads/s1000_pl us/en/S1000_Plus_User_Manual_v1.2_en.pdf

Table 1

- UAS Information

UAS Name DJI Phantom 3

Professional DJI Inspire 1 DJI Spreading Wings S1000+

Maximum gross weight 2.8 lbs

. 6.5 lbs. 24 lbs

. Maximum dimension 24 in. 18 in. 41 in.
Maximum air speed 35 mph 46 mph 56 mph

Power Source 6000 mAh 5700 mAh 20000 mAh
Max flight time 23 minutes 18 minutes 15 minutes

Maximum Radio link range 1.24 miles 1.24 miles 1.24 miles

BAPCO will operate within the limitations listed herein which comply with equivalent or greater safety measures under the current regulatory framework. Said conditions and limitations agreed upon by BAPCO to conduct commercial operations under an exemption issued by the FAA comprise of the following.

1. Proposed UAS s with equivalent or greater safety features shall weight less than 55 pounds including payload.

2. Operations for the purposes of closed

- set motion picture and television filming will not be performed.

3. The UA will b e operated b elow speeds of 100 miles per hour. Either groundspeed and/or calibrated airspeed will be used to confirm speeds are restricted to less than 100 miles per hour.

4. The UA will be operated at an altitude of no more than 400 feet above ground level (AGL) and wil l be reported in feet AGL.B APCO ’ s Petition for Exemption

f rom Section 333 4 5. The UAS will always be operated within visual line of sight (VLOS) of the pilot in command (PIC)

6. O perations may utilize a visual observer (VO) when available . The UA will always be operated within visual line of sight (VLOS) of the PIC and VO. The VO and PIC will always maintain verbal communication during operations. The PIC will be designated prior to flight and will remain the PIC for the duration of t he flight. The PIC will ensure the VO can perform the duties required of the VO.

7. The operating documents will be accessible during UAS operations and made available to the Administrator upon request. Any revisions will be presented to the

Administrator or any law enforcement official upon request.

8. Any UAS that undergoes maintenance or alterations which affect the UAS operation or flight characteristics will un dergo a functional test flight prior to conducting further operations. The functional test flight will only be conducted by the PIC with a

VO (if avai lable) and will remain at least 500 feet from other people and will be conducted in a manner as to not pose a hazard to property and people.

9. The operator will maintain and inspect the UAS to ensure it is in safe operat ing

condition.

10. Pre

- flight inspections will be conducted to confirm the UAS is in safe operating condition prior to each flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UA will undergo the necessary maintenance required to render the UAS in a safe operating condition.

11. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection and life limit requirements for the aircraft and aircraft

components.
12. Each UAS operation must comply wi th all manufacturer safety bulletins.

13. The PIC will hold a valid United States (US) driver’s license issued by a state.

14. The PIC will not allow any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS is to be operated under the aforementioned exemption request . PIC qualification flight hours and currency will be logged.

15. UAS operations will only be conducted during the day. Every operation will be conducted under visual meteorological condit ions (VMC), not under special visual flight rules (SVFR).

16. The UA will not be operated within five nautical miles of an airport or a n airport reference point (ARP).

17. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally fr om a cloud or when visibility is less than three statute miles from the

PIC.

18. In the case the UAS loses communications or loses its GPS signal, the UA will be returned to a pre

- determined location within the private or controlled

- access property.
19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC will only operate the UA if there is enough available power or reserve power for at least five minutes of flight. This is in consideration of the wind and forecast

weather conditions.

21. In the case necessary of a COA, a ll operations will be conducted in accordance with an Air Traffic Organization Certificate of Waiver or Authorization (ATO) (COA)

. 22. All and/or any aircraft markings will be as large as practicable.

23. The required documents or any documents used by the operator to ensure safe operation and flight of the UAS will be made available to the PIC at the ground control station of the UAS any time the aircraft is operated to the Administrator or any law enforcement officia lB APCO ’ s Petition for Exemption

f rom Section 333 5 24. The UA will always remain clear and give way to all manned aviation operations and

activities.

25. The UAS will not be operated by the PIC from any moving vehicle or device.

26. All flight operations will assessed by the PIC to determine the risks of operating

c lose to objects and what, if any, hazards can be identified. Once the assessment has

been made the PIC will

27. All operations will be conducted over private or controlled

– access property with permission (for each flight) from the property owner/ controller or authorized representative.

28. Any incident or flight operation that passes beyond the operational boundaries as defined by the applicable COA will be reported to the FAA’s UAS Integration Office within 24 hours. Any incident will be reported to the Nationa l Transportation Safety Board (NTSB) in accordance with the NTSB’s instructions.

Operator Credentials

BAPCO ’s proposed PIC has demonstrated profic iency in safe operation of the UAS. The PIC

has flown innumerable successful flights in variable weather conditions and environments as

a hobbyist similar to the proposed operations within this exemption request. The experience gained by BAPCO ’s proposed PIC has assured the safe oper ations of UAS s within the NAS based on current regulations . Possessing a private, recreational, or sporter pilot certificate, though obliging, is a superfluous requirement that does not warrant a UAS pilot of their ability to operate safely within the NAS. BAPCO will take the necessary steps to satisfy any future protocols implemented by the FAA that require the PIC’s on staff to acquire and furnish certifications that are applicable to safe operation of UAS s

.

Operator Training

BAPCO is predicting a lush marketing future for the integration of UAS s in the NAS. W ith such expansion will require additional PIC ’ s and VO ’ s for prospect ive operations

. To
promote safe operations

, BAPCO will require adequate t raining standards before any commercial operations are performed by introductory PIC ’ s and VO ’ s. Introductory PIC ’ s and VO ’ s must have accumulated and logged at least 25 hours as a rotorcraft and/or

multirotor pilot. O nce he/she has achieved this, the introductory PIC ’ s and VO ’ s will be accompanied on their first three commercial operations by an experienced PIC to ensure

overall safe ty and flight standards and maintained and implemented.

Public Interest and Safety

Upon approval of the current petition for exemption, BAPCO will be able to provide aerial data acquisitions to our clients and the public in a safe, effective, and economical manner.

The use of UAS s will increase safety by reducing the need for ground crews. This removal of a majority of ground crews will thwart the opportunities of encountering hazards that are typically encountered on a day to day basis.

In addition to the removal of ground crews, data acquired via UA S s will prove to be a more effective practice with respect to time and cost. Today’s available UAS technology is capable of achieving equivalent or superior accuracies meanwhile reducing the time taken by a ground crew to complete similar tasks, thus facilitating overall faster project turnover and cost reduction. Faster project turnover will also enable BAPCO to serve more clients at a greater capacity, thus promoting economic growth.B APCO ’ s Petition for Exemption

f rom Section 333 6 Certain projects soon to be encountered by BAPCO may have required a erial data acquisitions from large manned aircraft. The use of UAS s will ultimately replace manned aircraft and reduce the space occupied from the NAS, thus providing a safe, cost effective solution to traditional methods. Furthermore, manned aircraft is ca rrying a large payload, requires the use of flammable fuel sources, travels at a high rate of speed, and emits a loud

sound . UAS’ infinitesimal payload, electronic power source, reduced air speed, and quiet rotors promote safety within the NAS and to the p ublic when utilized within the limitations specified in this exemption. Finally UAS s do not use fossil fuels to power the aircraft , do not

emit CO 2

, and have virtually no effect on the environment with respect to global warming.

As mentioned in the precedi ng paragraphs, safety improvements can be recognized by those

who are in the air as well those who are on the ground . Reducing the size and payload of traditional aircraft, replacing flammable fuel sources with electronic sources, reducing air speed, remov ing humans from aerial and ground operations are, in summary, the major constituents in which positive safety improvements would be made.

Exemptions Requested Under Section 333

BAPCO is requesting for exemptions from the following regulations :

 Title 14 CFR Part 61.113(a) & (b)

– Private pilot privileges and limitations: Pilots in

command

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, 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 aircra ft in connection with any business or employment:

 Title 14 CFR Part 91.7(a)

- Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

 Title 14 CFR Part 91.9(c)

- Civil aircraft flight marking requirements

(c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

 Title 14 CFR Part 91.119

– Minimum safe altitudes: general

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congest ed 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 ab ove the surface, except 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

- control aircraft. If the operation is conducted without hazard to persons or property on the surfaceB APCO ’ s Petition for Exemption

f rom Section 333 7  Title 14 CFR Part 91.121

– Altimeter settings

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating (1) Below 18,000 feet MSL or (2) At or above 18,000 feet MSL, to 29.92′′ Hg.

 Title 14 CFR Part 91.151 (b)

– Fuel requirements for flight in VFR conditions

(b) No person may begin a flight in a r otorcraft 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, to fly after that for at least 20 minutes.

 Title 14 CFR Part 9 1.405(a)

– Maintenance required

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, except as provided in paragraph (c) of this section, have discrepa ncies repaired as prescribed in part 43 of this chapter.

 Title 14 CFR Part 91.407(a)(1)

- Operation after maintenance, preventive maintenance, rebuilding, or alteration

(a) No person may operate any aircraft that has undergone maintenance, preventive

m aintenance, rebuilding, or alteration unless (1) It has been approved for return to service by a person authorized under §43.7 of this chapter.

 Title 14 CFR Part 91.409 (a)

– Inspections

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for an y inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.

 Title 14 CFR Part 91.417 (a) & (b)

– Maintenance records

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and al teration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. (2) Records containing the fo llowing information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive in volves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by §43.9(d) of thisB APCO ’ s Petition for Exemption

f rom Section 333 8 chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is perf ormed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

Reason for Relief and Action Taken

The reasons for relief and the proposed action taken is provided in the following pages:

 Title 14 CFR Part 61.113(a) & (b)

– Private pilot privileges and limitations: Pilots in

command

BAPCO is requesting relief from this CFR in order to conduct commercial operations. An equivalent level of safety will achieved by the UAS and PIC. Respectfully, the UAS’s proposed will not carry pilots, passengers , or heavy payloads and the PIC has established his/herself as a recreational pilot with several years and hours of flight experience. Moreover, a pilot’s license does not explicitly ensure safe operations of UAS s within the NAS.

 Title 14 CFR Part 91.7(a)

- Civil aircraft airworthiness.

Because BAPCO is proposing UAS s that meet the requirements of Section 333, BAPCO will not require an airworthiness certificate. BAPCO will confirm that each UAS is in an airworthy condition based on the appli cable operating documents prior to every flight operation.

 Title 14 CFR Part 91.9(c)

- Civil aircraft flight marking requirements

Because there is not a n established registration process for UAS s
, BAPCO is requesting relief from this CFR. Additionally, the small sizes of the UASs proposed do not provide sufficient room to place legible aircraft markings or fireproof placards. However, BAPCO is willing to place aircraft markings by an auxiliary method which may be confined to the available

surface are a on each UAS as to not hinder the visibility of the UAS.

 Title 14 CFR Part 91.119

– Minimum safe altitudes: general

Since the UAS s in this exemption will be operating below 400 feet AGL, satisfaction of this

CFR cannot be realized. BAPCO will achieve a n equivalent level of safety by requesting the permission of the property owners prior to each flight operation. Said property owners will be informed of the proposed flight operations, flight paths, and plausible risks to persons or property on the ground . Given the small size and gross weight of the proposed UAS s , such risks will be infinitesimal in comparison to large manned aircraft. Additionally, operations will not be conducted by BAPCO over congested areas.

 Title 14 CFR Part 91.121

– Altimeter settings

Because BAPCO will not have a typical barometric altimeter on board

, BAPCO is requesting exemption by offering an alternative measure. BAPCO will acquire altitude information viaB APCO ’ s Petition for Exemption

f rom Section 333 9 Global Positioning System (GPS) equipment and radio communication telemetry, whic h will provide active data monitoring for each flight. Along with the operational limitations and conditions set forth by BAPCO , this altitude information will used to ensure a level of safety as required by Part 91.121.

 Title 14 CFR Part 91.151 (b)

– Fuel r equirements for flight in VFR conditions

BAPCO has proposed UAS s that will be able to safely operate within these parameters. Each UAS will be able to fly during daylight hours in VCM under VFR conditions with enough

power to fly for a total duration of 1 5 minutes to the first point of intended landing and to fly after that for at least five minutes assuming normal cruising speed.

 Title 14 CFR Part 91.405(a)

– Maintenance required

For the reason that this CFR applies to aircraft with an airworthiness certificate, BAPCO is requesting relief from this Part because an equivalent level of safety will be ensured. BAPCO

will use experienced technicians to perform mai ntenance a nd alterations, or on its

UAS s us ing methods prescribed in the o perating documents. Furthermore, BAPCO will

document and retain all maintenance r ecords for its UAS s.

 Title 14 CFR Part 91.407(a)(1)

- Operation after maintenance, preventive maintenance, rebuilding, or alteration

For the reason that this CFR applies to aircraf t with an airworthiness certificate, BAPCO is requesting relief from this Part because an equivalent level of safety will be ensured. BAP CO

will use experienced technicians to perform mai ntenance a nd alterations, or on its

UAS s us ing methods presc ribed in the o perating documents. Furthermore, BAPCO will

document and retain all maintenance r ecords for its UAS s.

 Title 14 CFR Part 91.409 (a)

– Inspections

For the reason that this CFR applies to aircraft with an airworthiness certificate, BAPCO is

reque sting relief from this Part because an equivalent level of safety will be ensured. BAPCO

will use experienced technicians to perform mai ntenance a nd alterations, or on its

UAS s us ing methods prescribed in the o perating documents. Furthermore, BAPCO will

document and retain all maintenance r ecords for its UAS s.

 Title 14 CFR Part 91.417 (a) & (b)

– Maintenance records

For the reason that this CFR applies to aircraft with an airworthiness certificate, BAPCO is requesting relief from this Part because an equivalent level of safety will be ensured. BAPCO

will use experienced technicians to perform mai ntenance a nd alterations, or on its

UAS s us ing methods prescribed in the o perating documents. Furthermore, BAPCO will

document and retain all maintenance r ecords for its UAS s.

Conclusion

Bartlett Aerial Produc tions Company petitions for exemption from the FAR’s pursuant to

Section 333 of the FMRA of 2012 t o enable commercial operations of aerial data acquisitions

within the private and public sectors. Upon approval of these exemptions, BAPCO will beB APCO ’ s Petition for Exemption

f rom Section 333 10 able to provide benefits to the sectors previously mentioned which are justly in the public interest all the while improving safety within the NAS. Consider this exemp tion earnestly based on the information provided herein and approve the commercial operations of UAS ’ s in

the NAS.

Truly,

Brandon G. Bartlett Proprietor

/Operator Bartlett Aerial Productions Company