UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

BROOME - TIOGA BOCES 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS 61.113(A) & (B), 91.7(A), 91.9(B)(2), 91.103, 91.109, 91.119, 91.121, 91.151(B), 

91.203(A) & (B), 91.405{A), 91.407(A)(l), 91.409(A)(l) & (A)(2), and 91.417{A) & (B) 

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED 

AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 
SUMMARY 

The Broome - Tioga Board of Cooperative Educational Services ("BOCES") seeks 

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.103, 

91.109, 91.119, 91.121, 91.15l(b), 91.203(a) & (b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

(a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit BOCES 

to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial 

video and photography of public school districts and landscapes within certain areas of the 

United States. 

BACKGROUND 

The Broome-Tioga Board of Cooperative Educational Services (BOCES) is one of37 

such entities located around New York State, each functioning as an extension of the local school 

districts and as a liaison between those districts and the State Education Department. The 

BOCES system is designed to allow school districts to share the cost of certain educational and 

administrative services. Broome-Tioga BOCES is organized and maintained pursuant to Article 

40 of the Education Law, and it currently serves 15 school districts in Broome and Tioga 

Counties. Broome-Tioga BOCES fulfills a unique role as a regional educational service agency, 

helping schools and the greater community meet the needs of today and prepare for the 

challenges of tomorrow. The Broome-Tioga BOCES proposes to have a service in place for its 

15 "component" school districts which it serves to: 

• provide aerial video and photography for promotional, historical documentation 

and educational use by these school districts. 
The requested exemption would permit the operation of small Unmanned Aircraft 

Systems (UAS) in the National Airspace which would be a) limited b) controlled c) 

predetermined and d) will 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 Transportation's (the FAA Administrator's) 

responsibilities to" .... establish requirements for the safe operation of such aircraft systems in the 

national airspace system." 

BASIS FOR PETITION 

Broome-Tioga BOCES, pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for 

an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.103, 

91.109, 91.119, 91.121, 91.15l(b), 91.203(a) & (b), 9l.405(a), 91.407(a)(l), 91.409(a)(l) & 

(a)(2), and 91.417(a) & (b). 

ln consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, Broome-Tioga BOCES's on Phantom 3 UAS meets the 

conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, B-T BOCES 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 only apply to aircraft with an airworthiness certificate. 
B-T BOCES submits that the requested relief is proper since an equivalent level of safety 

will be ensured. BOCES will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual). Furthermore, B-T BOCES will document and maintain all maintenance 

records for the DJI Phantom 3 UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by Broome-Tioga BOCES to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting 

minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

B-T BOCES seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. As such, BOCES submits that it will ensure that the DJI Phantom 

3 UAS is in an airworthy condition, prior to every flight, by determining that the UASs are in 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual), and that the aircraft is in a condition for safe flight. 

B-T BOCES also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 3 UA will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 3 UA will be provided to the PIC via 

Global Positioning System (GPS) equipment and radio communications telemetry data link, 
which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with B-T BOCES operation of the DJI Phantom 3 UAS within visual line 

of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, BOCES seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. BOCES submits that safety will not be 

affected by operation of the DJI Phantom 3 UA during daylight hours in visual meteorological 

conditions (VMC) under visual flight rules (VFR). The Broome-Tioga BOCES further seeks an 

exemption from the preflight action, flight instructions, minimum safe altitudes, flight altimeter, 

and maintenance requirements set forth in 14 C.F.R. § 91.103, 91.109, 91.119, 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). In accordance with 14 C.F.R. § 11.81, 

BOCES provides the following information in support of its petition for exemption: 

Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 

Broome-Tioga BOCES 

435 Glenwood Road, Binghamton, N.Y. 13905 

Point(s) of Contact: 

Allen Buyck, District Superintendent, abuyck@btboces.org 

Doug Titus, Supervisor, Office of Communications and Development, Flight Supervisor, 

dtitus@.btboces.org 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333 (a) through (c) of the Reform Act. This law directs 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 is required to determine which types of 
sUASs 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: 

• The sUAS's size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated areas 

• Operation of the sUAS within visual line of sight (VLOS) of the PIC 

Lastly, if the Secretary determines that such 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. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under §401 01 of the Act, that includes sUASs, from the requirement that all civil aircraft must 

have a current airworthiness certificate. 

The Administrator may grant an exemption from the requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 ofthis title if 

the Administrator fmds the exemption in the public interest. 49 U.S.C §44701(t) See also 49 

USC §44744(a); 49 USC §447041 14 CFR §91.203 (a) (I). 

AIRCRAFT AND EOUIV ALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

aircraft. These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include: 
l. The small UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL). 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command 

(PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera 

Operator. 

6. sUAS Pilot/"Operator" will be Pilot in Command (PIC). If the Pilot/"Operator" deems 

another "Pilot/"Operator" " to be qualified with the necessary skills to be the "Pilot/"Operator", 

that person can also be designated as "Pilot/''Operator" "provided they have a minimum of 40 

hours of flight time with the sUAS. 

7. A briefing will be performed regarding the planned small UAS operations prior to each 

day's flight consisting of all the days' production activities. 

8. The PIC will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within I 00 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advanced permission or direction of the 

FSDO, operations at closer range may be approved. 

9. The PIC and VO will have been trained in operation of small UAS and receive up-todate information for the particular small UAS to be operated and will be able to show upon 

request their competent ability to operate the small UAS and/or Camera. 
10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

II. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate governmental 

agencies when needed. 

12. If the small UAS loses communications or loses GPS signal, the small UAS will have 

the capability to return to a pre-determined location within a designated location and land 

autonomously. 

13. The small UAS will have the capability to abort a flight in case ofunpredicted 

obstacles, weather, or emergencies. 

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation or hire 

and (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if--

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

As the DJI Phantom 3 used by BOCES does not carry any pilots or passengers nor property 

therefore BOCES seeks an exemption to 14 CFR 61.113(a) and 14 CFR 61.113(b). The FAA has 

previously granted relief from Section 6l.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, 11067,11080,11109,11110,11112,11136,11138,11150,1 1153,11156, 

11158,11159,11160, 11161). 
14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

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

this exemption be granted, there will be no airworthiness certificate issued for the DJI Phantom 

3. Prior to each flight, BOCES will maintain that the UAS is in an airworthy condition based 

upon the UAS's compliance with its operating documents and as stated in the conditions and 

limitations herein. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an Airplane or Rotorcraft Flight Manual is not 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 combination thereof. The small DJI 

Phantom 3, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained 

by BOCES bykeeping the flight manual at the ground control point where the pilot flying the 

small UAS will have immediate access to it. 

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

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for 

the aircraft an exemption will be needed. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight. 
14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. Small UAS and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91 .119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a small UAS that is a quadcopter and the exemption requests 

authority to operate at altitudes up to 400 above ground level, an exemption may be needed to 

allow such operations. As set forth herein, the UAS will never operate at higher than 400 above 

ground level with the exception that in circumstances where the small UAS is used to 

photograph a structure which height exceeds 400 feet AGL, the small UAS will not be operated 

more than I 00 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their consent. The equivalent level of safety will be achieved given the size, 

weight, speed of the UAS as well as the location where it is operated. No flight will be taken 

without the permission of the property owner or local officials. Because of the advance notice to 
the property owner and participants in the filming activity, all affected individuals will be aware 

of the planned flight operations. 

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

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." The equivalent level of safety established by 

Section 91.121 will be maintained because the altitude information of the DJJ Phantom 3 UA 

will be provided to the PIC 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 Broome-Tioga BOCES's operation of the DJI Phantom 

3 UA within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. The altitude information will be generated by GPS equipment 

installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UASs at ground level. 

14 C.F.R. § 91.15l(b): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (b) prohibits an individual from beginning "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 landing, and, assuming normal cruising speed - (I) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes." Broome-Tioga BOCES will ensure that it will safely operate the battery powered DJl 

Phantom 3 UA during daylight hours in VFR conditions, with enough battery power to fly for a 

total duration of 13 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 5 minutes. 
Furthermore, safety will be ensured as the on Phantom 3 UAS provide audible and 

visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first 

warning occurring at approximately 33% remaining battery power. 

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

The regulation provides 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 current 

airworthiness certificate .... (b) No person 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 or crew. 

The small DJI Phantom 3 fully loaded weighs no more than 55 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the small UAS. These documents will be kept at the ground 

level where the pilot flying the small UAS will have immediate access to them; to the extent they 

are applicable to the small UAS. 

91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b): Maintenance 

Inspections. 

These regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. As 

stated, these sections only apply to aircraft which has an airworthiness certificate. As such, these 
sections do not apply to this exemption request. The operator and pilot-in-command will achieve 

the level of safety required in the above regulations by performing maintenance inspections 

pursuant to the operating manual prior to each flight. A log will also be kept detailing any 

maintenance performed. 

A copy of the manual for the Dn Phantom 3 has been attached to this exemption request. 

Please do not hesitate to contact Broome-Tioga BOCES with any questions related to this matter. 

Dated: October~ 2015 

Respectfully submitted, 

Allen Buyck 

District Superintendent 

Broome-Tioga BOCES 

435 Glenwood Road, Binghamton, N.Y. 13905 

fof!!l;: 

Office of Communications and Development 

Broome-Tioga BOCES 

435 Glenwood Road, Binghamton, N.Y. 13905