### September 15, 2015

Bill Buff Buffmotorsports LLC 8 Mann Ct Monmouth Beach, NJ 07750

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

-140 1200 New Jersey Avenue, SE., Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act Pursuant to section 333 of the FAA Modernization and Reform act of 2012 (The Reform Act), and 14 C.F.R. Part 11 The name and address of the applicant is: Buffmotorsports LLC ATT

. Bill Buff 8 Mann Ct Monmouth Beach, NJ 07750 Buffmotorsports LLC, herby seeks and applies for an exemption to the Federal Aviation Regulations (FARs) to allow Buffmotorsports LLC to operate Small Unmanned Aircraft Systems (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this petition. The requested exemption would permit Buffmotorsports LLC to operate small, unmanned aircraft system (sUAS) for the purpose of providing an aerial photography and video service to private and commercial consumers. The intended areas of use will include both photo and video in the racing industry, real estate industry, construction industry and profit and non

-profit events. The sUAS will be operated in airspace that is 1) limited 2) predetermined 3) would provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportations responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system” Regulations from which the exemption is requested (detailed in Appendix I) 14CFR Part 21 14CFR 45.23 (b) 14CFR 61.113 (a) & (b) 14 CFR 61.3 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203(a) & (b) 14 CFR 91.205 14 CFR 91.215 14 CFR 91.405 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) This petition for exemption is submitted to fulfill Congress’ goal under section 333(a) through (c) of the reform act directing the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under section 332 of the reform act. In making this determination the Secretary of Transportation 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: 1) The UASs size, weight, speed, and operational capability 2) Operation of the UASs in close proximity to airports and populated areas; and3) Operation of the UASs within visual line of sight of the operator. Reform Act Section 333 (a) If the Secretary of Transportation determines that such operation of vehicles “may operate safely in the national airspace system, thesecretary shall establish requirements for

the safe operation of such aircraft in the national airspace system.” ID section 333 (c) The Federal Aviation Act expressly grants the FAA the authority to grant exemption from it regulatory requirements for civil aircraft, as the term is defined under section 40101 of the federal Aviation Act which includes sUASs. The Secretary of Transportation and/or The Administrator of the Federal Aviation Administration (acting on behalf of the Secretary of transportation) may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of the Federal Aviation Act if the Administrator finds the exemption in the public interest. 49 USC section 44701 (f) see also 49 USC section 44711 (a); 49 USC 44704; 49 14 CFR 91.203 (a) (1)

Buffmotorsports LLC is a company owned by Bill Buff. Our goal is to provide a long term sustainable career opportunity with the use of sUASs for controlled driver training aerial video, real estate aerial photography and video while enhancing and supporting multiple other industries whereas this opportunity was previously unavailable or economically not feasible for small businesses. We typically never exceed 150’. The vehicle to be used will be the DJI Phanton 2 Vision+ (operation and flight training manual attached). While vehicles may be upgraded as new technological and safety advances occur, the bar for operation and safety will be set by DJI Phantom 2 Vision + and any new vehicles or versions will exceed the current safety and operational standards. No vehicle operated by Buffmotorsports LLC will be modified from the manufacturers design unless specifically directed by the same manufacturer. Operational and safety guidelines: The UASs will operate below 400 feet above ground level (AGL) and have a built in capability to restrict altitude. The distance the UAS flies from the ground operator and restriction of flights in class B, C, and D airspace, including no fly zones shall be included in the software and hardware features and company policy. The UAS has a built in failsafe to return to it point of launch should connection be disabled between the control and UAS. The UAS will return to its point of launch should the battery level fall below a safe level of 25%. The UAS will go into hover mode holding at a stationary point in space should the operator become incapacitated or unable to use the controls at any time during the flight, eventually safely returning to its point of launch and landing safely. The UAS will only be operated in line of sight from the operator. Safety is also enhanced by using a 7” tablet for greater clarity and view during flight and shade hoods for reduced glare. The approximate and maximum flight time of the UAS will be 15

-25 minutes. The UAS will not exceed 55 lbs. nor will it exceed a maximum speed of 30 knots. All operators will be required to fully know and understand the regulations for flight as set forth in this petition and the FAA’s regulations. All operators will be required to know and understand that Buffmotorsports will in no way use its UASs to conduct surveillance, spy, or in any way violate the expectation of privacy of anyone. All operators will undergo training on software use, preflight inspection, start up, take off, landing, safe navigation and emergency operation. All operators will be required to provide a written description in a provided log of each flight to include detailed preflight check list of UAS components including battery charge, weather conditions, purpose of flight, area hazards prior to take of f, and flight time. No UAS will take flight with any mechanical, electrical, or software deficiency. The UAS operator will have the flight and operation manual provided by the manufacturer in his possession during all flights. The UAS will have navigational lighting to be visible by the operator at all times to determine location and orientation. The UAS will at no time create a hazard to the National Airspace System or to the public. The UAS shall be immediately grounded and yield right of way should any manned aircraft come within an unsafe proximity of the UASThe proposed operations satisfy the criteria provided in section 333 of the Reform Act relating to size, weight, operating capabilities, proximity to airports and populated areas, privacy, operation within visual line of sight, and national security. This provides adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UASs in aerial photography/videography for aerial data collection. This request is substantially similar to other data collection petitions previously approved, and should be considered under the expedited summary grant procedure

Maintenance Buffmotorsports, LLC., will carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

Prior to each flight the flight operator will inspect the UAS to ensure it is in a condition for safe flight (relief from 14 CFR 91.7(a) Civil aircraft airworthiness, reference Exemption No. 11109 granted to Clayco, Inc.) The pre-flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records.
Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins. The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. Safety Buffmotorsports, LLC., is committed to ground and flight safety. A flight safety program will be implemented. Buffmotorsports, LLC., will implement a safety program consistent with the needs of small UAS flight. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. Availability of Documentation
The operating documents associated with this exemption will be accessible during UAS operations and made available to the Administrator upon request. Flight Operations Buffmotorsports, LLC., will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. Buffmotorsports, LLC., will also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspacerequirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.
The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses.
The UAS will be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC will be in feet AGL.
The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request.
The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 10% battery power remaining.
The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request.
The UAS will remain clear and yield the right of way to all manned aviation operations and activities at all times.
The UAS may not be operated over congested or densely populated areas. Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:



### • Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;



### • The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;



### • Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).
All operations shall be conducted over private or controlled

-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.
The UAS will not be flown at an indicated airspeed exceeding 30 knots.
The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

ConclusionBuffmotorsports, LLC., requests a review of the aforementioned relief request at the earliest date practicable. We believe we have addressed all the requests and requirements set forth by Section 333 relief guidance and that our request is in line with previously approved relief requests. It is our recommendation that the Secretary of Transportation and FAA approve the exemption for Buffmotorsports, LLC., due to the favorability of the public interest and the ability of the exemption to provide a level of safety at least equal to that provided by the rules from which exception is being sought. Buffmotorsports, LLC., Bill Buff
Attachments: 

### (1) DJI Phantom 2 Plus Operations Manual

.

### Appendix I

14 CFR Part 21 regarding aircraft certification requirements and procedures is designed for manned aircraft and is not suitable for off the shelf UASs. 14 CFR 45.23 (b) requiring aircraft to be marked in 2” to 6” lettering is impossible, there is not sufficient space on the UAS. 14 CFR 61.113 (a) & (b) limiting pilots to non

-commercial operations, referring to the PIC. The UASs will not carry a pilot, a passenger, or cargo for compensation or hire. The operators training from the manufacturers manual creates a higher level of safety for the public as a Commercial Pilot’s certificate in no way provides specific safe operational training of a remote controlled UAS tethered to the operator on the ground. 14 CFR 61.3 requiring a pilot certification. Pilot certification is designed for manned aircraft, The operators training from the manufacturers manual creates a higher level of safety for the public as a Pilot’s certificate in no way provides specific safe operational training of a remote controlled UAS tethered to the operator on the ground. 14 CFR 91.7 (a) Civil Aircraft Airworthiness requirements. No airworthiness certificate is available for this aircraft. The UASs will not be modified and will be inspected prior to any flight as outlined in this petition. 14 CFR 91.9 (b) (2) requires that the flight manual be available in the aircraft. Given the size and the fact that the aircraft is unmanned this rule cannot apply in its current language. However, as outline in this petition, the flight manual will be in the possession of the operator during any flight. 14 CFR 91.103 preflight action requirements for crew on board aircraft. While this is important to the safe flying of the UAS it does not apply given its current language. We have included a similar, more comprehensive solution in our operational and safety guidelines, “All operators will be required to provide a written description in a provided log of each flight to include detailed preflight check list of UAV components including battery charge, weather conditions, purpose of flight, area hazards prior to take off, and flight time.” 14 CFR 91.109 requiring that no person shall operate a civil aircraft for flight instruction unless the aircraft has fully functioning dual controls. SUASs and Remote controlled aircraft by design do not have dual controls, to do so on a radio controlled aircraft would lower the ability to safely operate the UAS. This section cannot reasonably apply.
14 CFR 91.119 designating minimum safe altitudes. The UASs operated by Orlando Drone Aerial Photography will not exceed an altitude of 400 feet AGL. This is below the altitude designated in this section. Also given the size, weight, and speed of the UAS, the line of sight rule when operating, and the overall safeguards and restrictions in flight outlined in this petition maintain a higher level of safety to the public. 14 CFR 91.121 regarding altimeter settings. A barometric altimeter is not provided on any UAS. However a GPS altitude indicator is displayed to the operator at all times during flight. While an exemption to this regulation is requested a modification to meet the current technology of the UASs would be acceptable.14 CFR 91.151 (a) Fuel requirements for flight. The maximum flight time under ideal

conditions is 25 minutes with the current manufacturers battery pack. The proposed rule under the Operation and Safety guidelines in this petition requiring the UAS to return to its point of launch if its battery reaches less than 25% provides a higher standard of safety when applied to UASs.
14 CFR 91.203(a) & (b) requiring that a civil aircraf t certificate and registration be displayed at the cockpit entrance cannot apply to UASs, there is no cockpit and the size limitations prevent this.
14 CFR 91.205 refers to cockpit instruments and cannot reasonably apply to UASs as there is no cockpit. 14 CFR 91.215 requiring a transponder cannot reasonably apply to UAVs operated by Orlando Drone Aerial Photography because they will be operated below ATC radar capabilities as outlined in this exemption request. 14 CFR 91.405, 14 CFR 407 (a) (1) (2), 14 CFR 409 (a) (2), 14 CFR 417 (a) & (b) referring to maintenance, preventive maintenance, and alterations to the UAV. The operator will provide minor maintenance and inspection to the UAV, documented as outlined in the operational and safety guidelines. Given the size and simplicity of the UAV combined with the operational and safety guidelines outlined in this petition the operator can maintain or exceed the required level of safety.