Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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1 February 22 , 201 6

U.S. Department of Transportation Docket Operations, M

- 30 1200 New Jersey Avenue, SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

RE : Petition of Bernard DeLierre Photography, LLC, dba Picture Associates
, for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11

, Bernard DeLierre Photography, LLC, dba Picture Associates

, (hereinafter BD P ) hereby applies for an exemption from the Federal Aviation Regulation s (FAR) identified below to allow for the commercial operation of the Unmanned Aircraft Systems (UAS) also identified below

.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

BD P requests exemption from the following Federal Aviation R egulations in order to efficiently conduct its aerial videogra phy and photography business :

• 14 C.F.R Part 21, Subpart H;

• 14 C.F.R Part 27;

• 14 C.F.R § 45.23(b);

• 14 C.F.R. § 45.27(a);

• 14 C.F.R § 61.113;

• 14 C.F.R § 91.7(a);

• 14 C.F.R § 91.9(b)(2);

• 14 C.F.R § 91.9(c);

• 14 C.F.R § 91.103;

• 14 C.F.R § 91.119;Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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2 • 14 C.F.R § 91.121;

• 14 C.F.R § 91.151(a) & (b)

• 14 C.F.R § 91.203 (a) & (b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a)(l);

• 14 C.F.R § 91.409(a)(2);

• 14 C.F.R § 91.417 (a) & (b).

II. STATUTORY AUTHORITY FOR FAA TO GRANT REQUESTED

EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform

Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft syste m where it does not
create a hazard to users of the na tional airspace system (NAS), the public

, or pose a threat to national security based on the following considerations:

• The size, weight, speed and operational capability of the UAS ;

• P roximity to airpor ts and populated areas; and

• Operation within visual line of sight (VLOS) of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 1 A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 2

III. DESCRIPTION OF BD P AND ITS SERVICES

BD P is a New Jersey based photography and videography business that is seeking to expand to include aerial videography and photography via UAS.

1 See 49 U.S.C. §§ 106(f), 44701

- 44716, et seq.
2 14 C.F.R. § 11.81.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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3 BD P will be able to use the aerial videography and photography provided by their UAS to expand their traditional videography and photography services , which is primarily focused on real estate brokerage, but may be expanded to other subjects in the future.

T he contact information for the petitioner, BD P , is as follows:

Bernard DeLierre
30 Frohlin Dr. Basking Ridge, NJ 07920 bd@pictureassociates.com Tel: (908) 421

- 0028

IV. PROPOSED OPERATIONS

BD P is requesting exemptions from applicable Federal Aviation Regulations pursuant to Section 333 of the Reform Act to perform aerial videography and photography services via UAS

. The UAS that BD P plans to use and BD P’s proposed flight operations , which comply with the requirements of 14 C.F.R. § 11.81, are detailed in the following subsections.

A. The UAS to be Used

BD P seeks to use the DJI Inspire 1, DJI Phantom 2, and Squadrone System Hexo+ to conduct its flight operations. The first two UAS have been approved in previous grants of exemption and will be detailed below

. The Squadrone System Hexo+ should be approved because it is substantially similar to the previously approved UAS in all relevant specifications and safety features.

1. DJI Inspire 1

The DJI Inspire 1 is a battery

- operated quadcopter with the following known specifications:

• Maximum Flight T ime : approximately 18 minutes (depending on payload)

.

• Power Source: one LiPo 6S Hi gh voltage battery with a voltag e of 22.2 V. The battery’s capacity is 4500 mAh.

• Weight: approximately 6.47 pound s (2 935 g).

• Dimensions: 17.24 in. x 17.75 in. x 11.85 in. (438 mm. x 451 mm. x 301 mm.)

• Maximum Speed: approximately 43 knots (22 m/s).Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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4 • Maximum Altitude (MSL) : 14763.78 ft. (4500 m).

• Maximum Distance (from controller): up to 3.1 miles (5 km).

The DJI Inspire 1 has been included in previous ly granted exemptions, including, e.g., Exemption No. 11463, Docket No. FAA

- 2015

- 0237.

2. DJI Phantom 2

The DJI Phantom 2 is a battery

- operated quad copter with the following known specifications.

• Maximum Flight Time: approximately 25 minutes.

• Diagonal Length: approximately 13.78 in. (350 mm).

• Maximum Speed: approximately 29.15 knots (15 m/s).

• Maximum Weight: approximately 2.86 pounds (1300 g).

• Power Source: one LiPo 3S battery with a voltage of 11.1 V and maximum capacity
of 5200 mAh.

The DJI Phantom 2 has been included in previously granted exemptions, including, e.g., Exemption No. 11364, Docket No. FAA

- 2015

- 0116.

3. Squadrone System Hexo+

The Squa drone System Hexo+ is a battery

- operated hexacopter with the following known specifications.

• Maximum Flight Time: approximately 15 minutes.

• Dimensions: 17.1 in. (435 mm) (W ) x 16.1 in. (410 mm) (L) x 9.6 in. (244 mm) (H).

• Maximum Speed: 39.1 knots (20.11 m/s).

• Weight: approximately 3.3 pounds (1.5 kg).

• Ma ximum Range from Subject: approximately 300 ft (91.44 m).

• Power Source: one LiPo 3S battery with maximum capacity of 5000 mAh.

This UAS is substantially similar to previously approved UAS’ in specifications,

per formance, and safety features. Like the DJI UAS, the Hexo+ has built

- in failsafe mechanisms that allow the drone to safely return to a specified location and land autonomously if it

encount ers trouble in flight. The Hexo+ generally operates autonomously by following theRichard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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5 operator but it always remai ns tethered to the operator at a distance of no greater than 300 ft. And, if the signal between the UAS and the operator is lost, the UAS will land autonomously. At no time can the UAS operate completely independently of the operator

– he or she must

mai ntain a connection to the UAS

. This autonomous flight feature is very similar to the “Follow Me” feature on the 3D Robotics Solo UAS, which has been previously approved. As such, when its specifications and similarities to previously approved UAS are considered, including its native safety features, the Hexo+ should be approved for the photography and videography purposes proposed by BD P in this Petition.

B. Flight Operations

When conducting flight operations, BD P will keeps its UAS in visual line of sight (VLOS) and use a visual observer (VO) separate from the Pilot in Charge (PIC) at all times. The PIC will possess at least a private pilot certificate and a valid state drive r’s license. The area in
which operations will be conducted will be evaluated for safety concerns prior to flight. If clouds are in the vicinity, the PIC will maintain the FAA’s prescribed stand off distance. If flight operations are to take place over private property, permission will be sought from the property’s owner before flight commences. When flight operations are to take place over public lands, any necessary permission and/or documentation will be obt ained from the appropriate local, state, and federal authorities. When manned aircraft are in the vicinity, BD P will immediately give way and land.
At no time will BD P conduct flight operations in excess of 400 feet above ground level (AGL) or at speeds in excess of 87 knots (100 mph). Additionally, flight operations will only be conducted during daylight hours. Flight operations will not be conducted within 500 feet of any nonparticipant person, structure, or vehicle unless prior permission is obtained. Maximum flight time for each operational flight will be approximately 10

- 25 minutes. The aircraft will be safely
landed with no less than 25% remaining battery life and no less than three minutes of flight time remaining.
The aircraft will be identified by serial number, registered with the FAA, and have
identification (N

- Number) markings as large as practicable. Prior to each flight, a Mission Plan will be created setting forth the limitations for the flight as well as contact information for the

PIC. Fu rther, a zero altitude initiation point will be established and confirmed for accuracy by
the PIC. Pre

- flight inspections for cracks, damage or other physical conditions that could hamper safe flight will be conducted prior to any and all operations. Post flight inspections will also be conducted in order to aid in identifying flight conditions that may cause stress to the propellers, landing gear, and other components . Thorough inspection of the UAS will be conducted and the flight response will be tested if a hard landing or cra sh occurs to ensure that the UAS can operate in a safe manner before conducting any further missions.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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6 If the UAS loses communications, it will have the capability to return to a pre

determined location within the operational are a and land. If the UAS loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational
area and land. In the case of the Hexo+, if it loses its GPS signal it has the built

- in capability to

autonom ously land at a preset location. F light will be aborted in case of unpredicted obstacles or emergencies. Each flight will be recorded in an Operations Log Book. Maintenance on the UAS will be recorded in a Maintenance Log Book.

V

. THE EXEMPTION WILL NOT ADVERSELY AFFECT PUBLIC SAFETY AND THE EXEMPTION WILL MEET AN EQUIVALENT LEVEL OF SAFETY AS

THE FEDERAL AVIATION REGULATIONS PROMOTE

.

BD P’s proposed flight operations will not adversely affect public safety and will meet an equivalent level of safety as the Federal Aviation Regulations promote

. BD P proposes to operate within the limitations and performance specifications listed in the respective user manuals of the proposed UAS. These limitations provid e for a higher level of safety for flight operations than the current regulatory structure because the proposed flight operations are limited by the hobby

grade size and performance level of the proposed UAS

. These considerations are as follows. First, BD P is using UAS that can take off and land at a single point , unlike traditional
manned aircraft

. There are no necessary runway s, aided take off apparatuses, or required routes

. As such, the proposed operations will not add to the congestion of the NAS. Second, unlike manned air craft, t he motors, rotors, propeller s, body/frame, landing pads, and other components for the UAS in this petition are hobby

- grade

. Their e ngineering and design
allows effective layman maintenance. Moreover, any potential damage that could be caused by

an y of the UAS in this petition is significantly less than the potential damage from a manned
aircraft. Third, unlike manned aircraft, the UAS in this petition are battery operated multirotors
with maximum flight times ranging between 10 and 25 minutes. Further, the UAS ’ weights range
from approximately two (2) to seven (7) pounds . The UAS’ maximum speed range from approximately 30 knots to 45 knots . All of these factors, including the other specifications set out above, are significantly inferior to man ned aircraft. Moreover, BD P’s proposed operations
will further constrain the speed and altitude of the UAS. Fourth, manned aircraft risk flammable fuel spillage in the event of an accident. None of the UAS in this petition carry liquid fuel; therefore, t he risk of fire following an accident due to fuel spillage is eliminated. Fifth, unlike manned aircraft, each of the UAS in this petition have automatic “return to home” features that, in the case of low battery, lost connection with the remote, or other troubles, take the UAS to a preset altitude and automatically navigate to the takeoff location.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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7 Sixth, t he FAA has determined that the risk of not having an electronic means to monitor
and communicate with other aircraft , such as transponders or sense

- and

- avoid technology, is mitigated by placing limits on altitude, requiring stand

- off distance from clouds, permitting daytime operations only, requiring that the aircraft be operated within visual line of sight, and requiring UAS to yield to all oth er manned aircraft

. 3 All of these considerations have been
included above. As such, c ompared to manned aircraft, using the UAS included in this petition reduce s the risk to participating and nonparticipating persons in close proximit y to the UAS due to th e limited size, weight , and the integrated safety features of the UAS. Additionally, the above outlined flight operations procedures bring BD P’s proposed operations well within the Federal Aviation Regulatory scheme.

VI. SPECIFIC FEDERAL A VIATION EXEMPTIONS REQUESTED

BD P seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the UAS included above

. Listed below are (1) the specific FAR sections for w hich exemption is sought, and (2) the operating procedures and safeguards that BD P has established to ensure a level of safety better than or equal to the rules from which exemption is sought. 4

A. 14 C.F.R. § 91.119

– Prohibition of Flight in Congested Areas

.

BD P requests modification, waiver or exemption and clarification (within reason) concerning the above referenced section

. BD P requests a waiver for this condition to allow reasonable and responsible videography and photography in congested areas of sub divisions and neighborhoods in accordance with the operations outlined above

.

B. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

.

The FAA has stated that no exemption is needed from this section if a finding is made
under the Reform Act that the UAS to be used provides an equivalent level of safety when compared to manned aircraft normally used for the same application. These criteria are met as explained in Section V supra , and therefore no exemption is ne eded. 5 If, however, the FAA

3 See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 13.

4 See 14 C.F.R. § 11.81 (e).

5 See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014

- 0352 at 13

- 14, 22.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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8 determines that there are some characteristics of the requested UAS that fail to meet the requirements of the Reform Act, an exemption is requested. The proposed flight operations and the UAS to be used meet an equivalent level of safety
as the FARs. T he UAS included in this Petition are hobby grade UAS that should not require an airworthiness certificate. Posting of special flight authorization would not be possible since none of the proposed UAS ha ve cabin s and none are large enough to carry a certificate. However, a special flight authorization can be maintained by the operator to make available upon request. Additionally, as stated above, the UAS in this petition are s afe when taking into account
their relative size , weight, speed, and operational capability when compared to manned aircraft

. The requested UAS do not carry pilots, passengers, explosive materials, or flammable liquid fuels. The proposed operations will be at least as safe as, or safer than, conventiona l rotorcraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

C. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

.

14 C.F.R. Part 27 sets forth the procedural requirements for airworth iness certification of normal category rotorcraft. To the extent that the UAS in this Petition w ill otherwise require certification under Part 27, BD P seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H in
section VI.B. supra

.

D. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements

.

14 C.F.R. § 45.23(b), Markings of the Aircraft

, states:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport, “experimental ,” or “provisional,” as applicable.

14 C.F.R. § 45.27(a) states:Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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9 Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.

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

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

- Num ber) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” 6
Accordingly, BD P will mark all of the UAS it uses in flight operations with their N

Number in a prominent spot on the body of the UAS with markings that are as large as practicable.

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

.

BD P seeks exemption from 14 C

. F

. R

. § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also requi re a second

- class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or cargo fo r hire.
While the proposed UAS will be operated as part of a commercial operation, they carr y neither passengers nor cargo. T he FAA determined in the Grant of Exemption for Astraeus Aerial, FAA Docket No. FAA

- 2014

- 0352, that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a commercial pilot certificate and a second

- class m edical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot. Further, t he FAA stated in its grant of an exception to Astraeus Aerial that “the FAA
considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.” 7

The flight operation requirements BD P has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352.

6 See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14.

7 See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 18.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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10 Among other restrictions detailed above, BD P will operate at least 500 feet from persons and property not involved in the operation. The aircraft will be flown based on VLOS at or below
400 feet AGL

. All flights will include a VO. Additionally, during all of BD P’s flight operations,

t he PIC will possess at least a sport pilot’s l icense. As such, the proposed operations will achieve an equivalent level of safety by requiring knowledge and experience concerning the UAS operations described above along with the certification involved with obtaining at least a sport pilot’s license

.

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

.

BD P seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of 12 C.F.R. Part 21 are waived or found inappl icable. Accordingly,

BD P requests that the requirements for Section 91.7 be treated in accordance with the FAA’s determination of the applicability of 14 C.F.R. Part 21 Subpart H. 8

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft;

14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

.

14 C.F.R. § 91.9(b)(2) states in pertinent part :

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

- registered civil aircraft

–

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinat ion thereof.

14 C.F.R. § § 91.203(a) and (b) states in pertinent part :

(a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1)An appropriate and cu rrent airworthiness certificate.

8 See Grant of Exemption No. 11062, p. 19.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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11 (b)No p erson may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers o r crew.

BD P does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept available and with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. 9

H. 14 C.F.R. § 91.103: Preflight Action

.

BD P seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in
the FAA

- approved Flight Manual on board the aircraft. The proposed UAS will not have a Flig ht
Manual on board. The PIC during BD P’s flight operations will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight operations . Under these circu mstances, the FAA has stated that no exemption is required. 10 An exemption is requested to the extent that an FAA

approved Flight Manual is required.

BD P will achieve a n equivalent level of safety by having the PIC attain a working knowledge of the provisions in the UAS user manual. Additionally, the PIC will review preflight conditions. This includes completing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data

, and contingency landing areas before initiation of flight. The User Manuals will be kept with the PIC
at all times.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

.

BD P requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). This section prescribes that an air craft may not be operated lower than 500 feet AGL

. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by BD P

. 11 BD P

9 See also Grant of Exemption No. 11062, pp. 19

- 20, and Grant of Exemption No. 8607.

10 See Grant of Exemption No. 11062, p. 20.

11 See Grant of Exemption No. 11062, p. 20

- 21.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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12 requests an exemption for congested areas where it has obtained permission from people and property owners with 500 feet of flight operations. Compared to flight operations with rotorcraft weighing far more than the maximum weights of the proposed UAS in this Petition , and given the lack of flammable fuel, any risk
associated with these proposed flight operations is far less than those that presently exi st with
conventional manned aircraft. An equivalent level of safety will be achieved because the size, weight, and speed of the proposed UAS are a fraction of what a manned aircraft would be

. Additionally, i n order to avoid any risk to manned aircraft, fli ght operations will be restricted to

4 00 feet AGL or below , in compliance with FAA regulations

.

J. 14 C.F.R. § 91.121: Altimeter Settings

.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport. The proposed UAS use b oth barometric pressure
sensors and G PS to determine altitude but do not have an altimeter. An exemption is required to
the extent that the proposed UAS do not have a barometric altimeter setting. The altitude of the aircraft is monitored by the PIC throug h the altitude reading on the controller and by the visual
observer. The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and within visual line

- of

- sight in addition to GPS based

a ltitude information relayed in real time to the operator. 12 BD P’s proposed UAS will be operated
at or below 400 feet AGL and they will compl y with the limitations in t he Grant of Exemption No. 11062, including the use of a VO and real time GPS tracking, relayed to the PIC on the controller, of the UAS’ altitude.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

.

BD P requests an exemption from the 14 C.F.R. § 91.151(a) fuel requirements for flight in
VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended l anding and, assuming normal cruising speed

–

(1) During the day, to fly after that for at least 30 minutes; or

12 See Grant of Exemption No. 11062, p. 20

- 21.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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13 (2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on the proposed UAS battery power means that no meaningf ul flight operations can be conduct ed while still maintaining a 30

- minute fuel reserve. All of the UAS in this Petition are battery powered with a maximum flight time of between 10
and 25 minutes. BD P will safely land their UAS with no less than 25% batter y reserve, or three minutes of flight time remaining. The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25%

reserve battery power still available. 13 BD P’s flight operations will meet an equivalent level of safety by requiring their UAS to land with no less than 2 5% battery life remaining or three
minu tes of flight time remaining. Moreover, all flight operations will otherwise comply with the flight restrictions outlined above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

.

BD P seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 14 An exemption from these regulations is needed because Part 43 and these sections only apply to air craft with an airworthiness certificate, which none of the proposed UAS in this Petition will have. An equivalent level of safety will be achieved because maintenance and inspections will be performed on the proposed UAS before every flight operation, and otherwise as necessary, in
accordance with the above procedures. This includes any necessary maintenance, overhaul, replacement, and inspection requirements for the UAS and procedures to document and maintain
maintenance records for the UAS. 15 Moreover, fl ight operations will not be conducted unless a flight operations checklist is performed that includes all of the UAS’ components. The above procedures also set requirements for maintenance log books and record keeping as well as
routine and post

- flight ope ration maintenance. Additionally, the above procedures set requirements for both annual maintenance and preventative maintenance.

13 See Grant of Exemption No. 11062, p. 21

- 22.

14 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”).

15 See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14

- 15.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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14 VII. PUBLIC INTEREST

Granting an exemption for BD P is in the public interest for the following reasons:

A. Enhancing Public Safety.

Allowing BD P to make and sell aerial videos and photographs with UAS will make the community safer. Rather than relying on manned aircraft to provide aerial videography/photography, BD P will be able to provide a comparable product with a much
smaller and less intrusive vehicle. UAS are significantly smaller, quieter, and they carry no liquid or flammable fuel. Additionally, they have integrated features that allow them to safely return to their takeoff location and land automatically if the operator encounters any trouble. As such, they pose little to no risk to the local community in which they are flying.

B

. Creating Jobs.

BD P will be cre ating jobs for the local community by harnessing a new, burgeoning technology. Employing UAS for aerial photography/videography will allow BD P to remain competitive and flexible in an increasingly difficult market because UAS operate on battery power and create no emissions. Moreover, with the flexibility and competitiveness offered by using UAS, BD P will be able to offer stable employment and contribute to the growth of the domestic economy.

C

. Decreasing NAS Congestion.

Allowing BD P to operate UAS f or aerial photography/videography will decrease congestion in the NAS. Because BD P will be operating a UAS in lieu of a manned aircraft, it will be effectively decreasing the congestion of local airports and air traffic controllers. As such,

BD P will be positively contributing to the safety and efficient use of the NAS.

D

. Promoting Environmentally Friendly Flight.

BD P’s operation of UAS for aerial photography/videography is environmentally friendly because UAS require no lead

- based liquid fuels and UAS create no harmful emissions. Additionally, UAS will create significantly less noise pollution than traditional manned aircraft.

E

. Additional Public Interest Considerations.

Beyond the above reasons, many of which have been put forth by previous suc cessful Exemption seekers ( see Exemption No. 14509 / Regulatory Docket No. FAA

- 2015

- 5303: see also Exemption No. 14492 / Regulatory Docket No. FAA

- 2015

- 5282), National policy set byRichard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

- 4908

15 Congress favors early integration of UAS into the NAS in controlled, safe working environments. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 333 of
the Reform Act.

Therefore, based on the above, it is in the public interest for the FAA to grant the request exemptions for BD P

.

VIII. PRIVACY

All BD P flight operations will be conducted in accordance with any federal, state or local laws regarding privacy. All fli ghts over private property will be made with the property owner’s prior consent and knowledge. Individuals captured in video or photographs will be made anonymous unless they have consented to be included in the video or photographs

. Any information such as license plate numbers will also be ma de anonymous. All flights over public property will be made with the prior approval of the applicable local, state, and federal
authorities.

IX. NATIONAL SECURITY

Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue. Furthermore, the security screening conducted by the Transportation Security Administration of certified pilots satisfies the statutory requirement of Section 333 for operations to not pose a threat to national security.

X. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

BD P seeks an exemption from the following rules in order to provide aerial imaging, photography, vid eography and cinematography : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F. R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The proposed exemptions in this Petition will provide a higher level of safety than the current Federal Aviation Regulations promote because of the performance limitations, relativeRichard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

- 4908

16 small size, and lack of liquid fuels in the proposed UAS. Moreover, BD P will conduct flight operatio ns according to the extensive procedures outlined above that also contribute to a higher level of safety than the current Federal Aviation Regulations promote

.

XI. CONCLUSION

Based on the above considerations, and in compliance with 14 C.F.R. § 11.81, BD P respectfully requests that the FAA grant exemptions for the above

- listed Federal Aviation Regulations because BD P’s proposed flight operations would not adversely affect safety and the exemption will exceed the level of safety of the current Federal Aviati on Regulations. Moreover, granting the exemptions will be in the public interest because it will make aerial videography/photography widely available to BD P’s local community.

Very Truly Yours

, /s/ Richard Hendrickson, Esq. 333 Exemption Experts

On Behalf of,
/s/ Bernard DeLierre Bernard DeLierre Photography , LLC
dba Picture Associates