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, the 
secretary 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 off, 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 UAS
The 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 airspace
requirements 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 FAApublished 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.

Conclusion
Buffmotorsports, 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 aircraft 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.