UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION

WASHI NGTON, DC

Regulator Docket No. ______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**Barton Ventures, Inc FORN AN EXEMPTION SEEING RELIEF FROM**  **THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS**  **61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND**  **91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT**  **PURSUANT TO SECTI ON 333 OF**  **THE FAA MODERNIZAION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112 -**  **95)**

Submitted on April 30 , 2015 Barton Ventures, Inc. 3049 Bay Shore Lane Suffolk, VA 23435 Tel: (757) 572

- 7060

**GLOSSARY	OF	ABBREVIATIONS ................................**  **................................ ...........................**  **3**2

**SUMMARY ................................**  **................................ ................................**  **................................ ....**  **4 INTRODUCTION	AND	INTEREST	OF	THE	PETITIONER**  **................................ ................**  **4 BACKGROUND**  **................................ ................................**  **................................ ............................**  **5 BASIS	FOR	PETITION**  **................................ ................................**  **................................ ...............**  **5 CONCLUSION**  **................................ ................................**  **................................ ............................**  **29**3 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle BVI Barton Ventures, Inc. CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command RPA Remotely Piloted Aircraft Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Barton Ventures, Inc (BVI) seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit B VI to operate a Remotel y Piloted Aircraft (RPA) or UAS for the commercial purpose of conducting aerial video and photography of construction sites, real estate property , film sets and natural landscapes in the United States.

**INTRODUCTION AND INTEREST OF THE PETITIONER**  BVI was founded b y J . David Barton, a professional with more than twelve years experience in the commercial UAS market. Mr. Barton’s work has pioneer sy stems to enable on

- board, as well as Ground Control Station (GCS) based s ys tems for processing, storing and disseminating of data collected via RPA or UAS sy stems by the United States Government. Technology develop ed b y Mr. Barton is operationally deployed on s ys tems supporting the Global War on Terror for the United States Government. In addition to the unique industry

specific, Mr. Barton has sixteen years of Information Technology experience that includes wirele ss communication sy stems, networking s ys tems and multimedia systems. Legal, hobb y model aircraft operation has been a passion for Mr. Barton and in such he has owned a number of fixed wing and multirotor platforms. He has significant experience in safel y operating model aircraft. Mr. Barton founded BV I to apply his vast knowledge and experience of Information Technology as well as UAS data and sy stems to civilian commercial products and services in multiple markets. The products and services of BVI is p ositioned to be an end

- to
- end spectrum of software5

products, services or data products that can be purchased digitally or phy sically . Our products and services can be collection and delivery of raw data from UAS, post processed data collected from UAS , an al ys is of data collected from UAS, UAS training, g eotagged digital photo s or digital full motion video. The products and services can be utilized in a number of commercial applications to include, but not limited to agriculture, mapping, surveying, motion picture filming, marketing, real estate , research and development as well as search and rescue. Itis the mission of BVI to provide these aforementioned products and services for commercial profit and non

- profit projects

.
**BACKGROUND** BVI seeks an exemp tion to operate a UAS platform from DJ I for commercial purposes in the United States National Airspace Sy stem
. BVI will maintain a number of small UAS that are from DJI

. T he primary platform desired for use is the DJIPhantom 2 Vision+ platform , a multirotor platform with Vertical Takeoff and Landing (VTOL) capabilities controlled b y operators maintaining Visual L ine of Sight (VLOS) with a GCS application running on a mobile device or table to provide the aerial vehicle’s (AV) telematics data to include, but not limited to; altitude above ground l evel (AGL) , speed, heading and batter level. The DJ I Phantom 2 Vision+ has a maximum gross weight of approximately

2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots.

**BASIS FOR PETITION**6 Petitioner, BVI , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for C ertain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercially operate the DJ I Phantom 2 Vision+ UAS i n the NAS, and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407( a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, BVI ’s operation of DJ I Phantom 2 Vision+ UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, BVI requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. BVI submits that the requested relief is proper, as an equivalent level of safety will be ensured. BVI will ensure all safety and maintenance procedures outline by the UAS manufacture are complied with. Only authorized personnel or technicians will perform maintenance on the UASs using the methods, techniques, and practices prescribed in the operating docum ents provided b y the UAS manufacture. All mainten ance will be logged in the UAS maintenance record maintained b y BVI. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y BVI to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y7

meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. BVI seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision+ UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, BV I submits that all maintenance and care will be conducted to will ensure the DJ I Phantom 2 Vision+ UAS is in an airworth y condition, prior to every flight, b y determining that the UASs are in compliance with the operating documents provided by the UAS manufacture , and that the aircraft are in a condition for safe flight. BVI seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJIPhantom 2 Vision+ UA will not have a typical aircraft barometric altimeter onboard. Altitude is measured using barometric and Global Positioning System (GP S) sensors. The UA provides the information to the LOS operator via a GCS application for real time flight telematics

. The flight telematics aid the operator ensuring compliance and safe operation of the UA within visual line of sight, at or below 4 00 feet AGL , with the majority of flights at or below 200 feel AGL , will ensure a level of safety equivalent to Section 91.121. Additionally , BV I seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditio ns . BVI submits that granting an exemption will reduce current risk levels, as there is reliance on combustible fuel for the operation of the DJ I Phantom 2+. O peration of the DJ I Phantom 2 Vision+8

UAs during daylight hours in visual meteorological conditi ons (VMC) under visual flight rules (VFR) will ensure the UA is operated in a safe manner compliant with applicable regulations

. In accordance with 14 C.F.R. § 11.81, BV I provides the following information in support of its petition for exemption: **1) Name**  **And Address Of The Petitioner.** The name and address of the Petitioner and point of contact is: Barton Ventures, Inc. 3049 Bay Shore Lane Suffolk, VA 23435 Tel: (757) 572

- 7060 email: bartonventures@icloud.c om 2) **The Specific Sections Of 14 C.F.R. From Which BVI Seeks Exemption.** a) **BVI Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: i) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, fo r compensation or hire, act as PIC of an aircraft. ii) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or emplo ym ent if

— (1) The flight is onl y incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire. b) **BVI Seeks Exemption From The Requirements Of Section 91.7(a).** 9

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: i) No person may

operate a civil aircraft unless it is in an airworthy condition. c) **BVI Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: i) Each person operatin g an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (a) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (b) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (c) In the case of an aircraft not e quipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. d) **BVI Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.405, entitled Maintenance required, subsection (a), st ates the following: 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, exc ept as provided in paragraph10 of this section, have discrepancies repaire d as prescribed in part 43 of this chapter[.] e) **Seeks Exemption From The Requirements Of Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: i) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- ii) (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] f) **BVI Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And**  **91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, wi thin 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 b y a person authorized by

§ 43.7 of this chapter; or (2) An inspection for the issuance of an airw orthiness certificate in accordance with part 21 of this chapter. g) **BVI Seeks Exemption From The Requirements Of Sections 91.417(a) And**  **91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the11 following: i) 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 alteration 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. The records must include

— (2) A desc ription (or reference to data acceptable to the Administrator) of the work performed; and (3) The date of completion of the work performed; and (4) The signature, and certificate number of the person approving the aircraft for return to service. ii) Records contain ing the following information: (1) The total time in service of the airframe, each engine, each propeller, and each rotor. (2) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (3) The time since last overhaul of al l items installed on the aircraft which are required to be overhauled on a specified time basis.12 (4) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and it s appliances are maintained. (5) The current status of applicable A irworthiness D irectives (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 involves
re curring action, the time and date when the next action is required. (6) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. iii) 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 b y other work or for 1 ye ar after the work is perform ed. (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. 3) **The Extent Of Relief BVI**  **Seeks And The Reason BVI**  **Seeks The Relief.** a) **Extent Of Relief BVI**  **Seeks And The Reason BVI**  **Seeks Relief From Section 61.113(a) And (b).** 13 Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certi ficate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not
carry passengers or property for compensation or hire. As set forth more full y below, BV I submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+ UAS unless that PI C has met certain BVI flight

- hour training requirements , demonstratin g that the PIC is able to safel y operate either the DJ I Phantom 2 Vision+ UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, BV I submits that all flights of the DJ I Phantom 2 Vision+ UAS, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to BVI business; and (2) will not carry passengers or property

for compensation or hire.14

b) **Extent Of Relief BVI**  **Seeks And The Reason BVI**  **Seeks Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow BV I personnel to determ ine that the DJ I Phantom 2 Vision+ UAS is in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the BVI Standard Operating Procedures (SOP) , Monthly Maintenance Log , and DJI Phantom 2 Vis ion+ documentation). BVI seeks the requested relief because the DJ I Phantom 2 Vision+ UASs do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, BVI personnel will ensure that the DJ I Phantom 2 Vision+ UAS is in airworthy

condition based upon its compliance with the operating documents (i.e., Maintenance Log s , BVI SOP and manufacture documentation) prior to every

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
c) **Extent Of Relief BVI**  **Seeks And The Reason BVI**  **Seeks Relief From Section 91.121.** Relief from Section 91 .121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 2 Vision+ which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the GCS. Since the FAA requires that any altitude information concerning UAS operations be15 reported to air traffic control (ATC) in feet above ground level (AGL), BVI seeks the requested relief as the DJIPhantom 2 Vision+ UA altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 2 Vision+ is equipped with a barometric pressure sensor and GPS equipment, which automatically

ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display

of the GCS. d) **E xtent Of Relief BVI Seeks And The Reason**  **BVI Seeks Relief From Section**  **91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR). BVI seeks the requested relief as the UAS does not utilize traditional aircraft combustible fuel, rather the UAS is battery powered

. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision+ UAS operating documents, and BVI proposed operating limitations, ensure that BVI will safel y operate the battery powered DJ I Phantom16 2 Vision+ UA during daylight hours in visual meteorological conditions (VMC),

under visual flight rules (VFR). e) **Extent Of Relief BVI**  **Seeks And The Reason BVI**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).**  Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, BVI requests relief from these Sections because the DJ I Phantom 2 Vision+ UAS do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 Vision+ UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, BVI will only use authorized technicians to perform maintenance on the UAS using authorized methods. BVI will document all maintenance activities and keep the maintenance activity records for the BVI UAS. f) **The Reasons Why Granting BVI**  **’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting BV I’s Petition will further the public interest b y allowing BVI to conduct training for BVI personnel as well as other parties interested in proper and safe recreational or commercially operating of UAS, employ ment of small UAS is efficient and more economical for certain type of activities such as construction site photography , land surveying, aerial video and ph otography of real estate, special events, film sets, and landscape over certain areas of the United States.17 Additionall y, use of the small battery powered UAS will decrease congestion of the NAS for certain activities , reduce po llution, and provide benefi ts to the econom y. g) **The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least**  **Equal To That Provided By The Rule From Which BVI**  **Seeks Exemption.** i) **Reasons Why The DJI Phantom 2 Vi sion+ and DJI Inspire 1 UAs Meet**  **The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, BVI’s oper ation of the BVI UAS meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and s ets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (1) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before18 completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. ii) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspa ce system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). iii) Requirements for Safe Op eration.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national a irspace system. In seeking this exemption, BVI submits the DJ I Phantom 2 Vision+ UAS can be operate d safely

in the NAS pursuant to FMRA Section 333, as demonstrated by : (A ) the characteristics of the DJ I Phantom 2 Vision+ UAS; ( B ) the pilot certification requirement; and ( C ) the specific operating limitations.

A. **The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate Its Safe Characteristics.** 19 The DJ I Phantom 2 Vision+ UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. BVI UAS utilizes four counter

- rotating propellers for extreme balance, control and stab ility that is aided by GPS and other on board sensors

. In the event of an unexpected loss of communication with the UAS it will return to a pre

- defined location at a pre

- determined altitude AGL. If the UAS has returned to the pre

- defined location and alti tude with a low battery the UAS will safely

land at the pre

- determined location. B. **Technical Specifications O f The DJI Phantom 2 Vision+**  **UAS.**

The technical specifications of the DJ I Phantom 2 Vision+ UAS is set forth by

the DJIPhantom 2 Vision+ manufactur e is as follows: **Battery** 5200mAh L iPo **Weight (Battery & Propellers Included)** 1160g **Hover Accuracy (Ready To Fly)** Vertical: 0.8m; Horizontal: 2.5m **Max Yaw Angular Velocity** 200°/s **Max Tilt Angle**20 35° **Max Ascent / Descent Speed** Ascent: 6m/s; Descent: 2m/s **Max Flight Speed**  15m/s (Not Recommended) **Diagonal Length** 350mm **Tilting Range Of Gimbal** 0°

- 60°

C. **Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating**  **Limitations.**
a. BVI UASs weigh less than 55 pounds; b. BVI onl y operates its UASs below 400 feet;
c. BVI UASs only

operate for 5

- 25 minutes per flight; d. BVI remote control pilots operate BVI UASs by visual line of sight (VLOS) at all times. This requires the operator to be able to use human vision unaided b y any devi ce other than corrective lenses, as specified on the PIC’s FAA

iss ued airman medical certificate;
e. BVI remote control pilots have video backup should they somehow lose sight of the UAS;21 f. BVI UASs have GPS flight modes whereb y the y hover and then slowly

land if communication with the remote control pilot i s lost or battery

power is low; g. BVI activel y analyses electronic flight data and other sources of information to constantly update and enh ance safety protocols; h. BVI alway s obtains all necessary permissions and permits prior to operation; and, BVI has procedures in place to abort flights in the event of safety breaches or potential danger. i. The pre

- flight inspection by BVI personnel must ac count for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. j. The UA may

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 Notice to Airman (NOTAM ) as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.22 k. If the UA loses communications for a pre

- defined period of time or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. l. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries o f the operational area as defined b y the applicable COA must 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. h) **Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  BVI submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely

operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering BVI ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to thos e of commercial pilot requirements (See Exemption No. 11062); and the airmanship23

skills necessary

to safely operate the DJ I Phantom 2 Vision+ UAS, BVI submits that the additional manned airmanship experience of a commercially certificated pilot would not
c orrelate to the airmanship skills necessary for BVI ’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). BVI will not all ow an y P IC to operate the UAS unless that PI C has demonstrated, by meeting minimum f

light

- hour requirements or UAS training and currency requirements, that the PIC is able to safel y operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vesse ls, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

purposes). As in Exemption Nos. 11062, 11138, and 11153 , prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during BVI ’s proposed operations. The Administrator has held that prior documented flight experience that was obtaine d in compliance with applicable regulations would ensure safe operations, stating as follows:24 In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must als o have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings i n the preceding 90 day s (for currency

purposes). The FAA finds that at a minimum, the flight

hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency

in the skills necessary

to safel y conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of e xemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, BVI will ensure safe operations by not allowing any P IC25

to operate the UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PI C is able to safel y operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. i) **Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.7(a) will be maintained utilizing pre flight SOP , BVI wi ll ensure that the UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 1111 2, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). j) **Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information , combined with BVI ’s operation of the UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety26 equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior t o each flight, a zero altitude initiation point is automatically established b y the UAS at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented here in (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). k) **Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifi cations of the UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, BVI will ensure that it will safel y operate the battery powered UA during daylight hours in VFR conditions. Here, as in Exemption No. 11109, the technical specifications of the UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage. At the critically

low battery

level, the UAS will descend and land automatically

.27 Significantl y, previous ex emptions granted b y the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previousl y granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). l) **Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.**  **407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, BVI submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sectio ns 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91. 417(a) & (b) will be met as BVI will use only authorized technicians to perform maintenance on the UASs using the authorized methods, techniques, and practices

. Furthermore, BVI will document and maintain all maintenance records for the DJ I UAS

. T he UAS will be inspected as prescribed b y the operating documents, BVI will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2).28 Likewise, the exemptio n sought will not adversel y affect safety as BVI will only use authorized technicians to preform maintenance on the UAS using the authorized methods, techniques, and practices Furthermore, the exemption sought would maintain an equivalent level of safety established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UAS will be performed b y authorized technicians. Maintenance will be documented and maintained utilizing the maintenance log. Significantl y, previous exemptions grante d by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration o f BV I ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ UAS , BVI submits that safety

will not be adversely

affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 1111 0, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). m) **A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Stephen J. Tyler Seeks Exemption:** 29 Barton Ventures, Inc. seeks exemption from the requ irements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Stephen J. Tyler Seeks:**  This exemption will permit Barton Ventures, Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**CONCLUSION** As set forth herein, BV I seeks an exemption pursuant to 14 C.F.R. § 11. 61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 Vision+ UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography

over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing BVI to safel y, efficientl y, and e conomically operate the UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, BVI respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit BVI to operate the UAS30

commerciall y for the pur

pose of conducting aerial video and photography over certain areas of the United States. BVI respectfully requests that FAA exercise its authority to issue the exemption sought by BVI pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amended (the "Act") without delay

.

Sincerel y,

J. David Barton Barton Ventures, Inc. 3049 Bay Shore Lane Suffolk, VA 23435