U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, S.E.

Washington, DC 20590

Petition for Exemption Under 14 CFR § 11.81

To Allow Commercial Use of Unmanned Aircraft Systems

October 6, 2015

Petitioner:

B-Line Express, Inc.

Bach Nguyen, President

10440 Little Patuxent Parkway

Suites 300 & 900

Columbia, Maryland 21044

Phone 866-625-4639

Email Bach@Blinex.com

Website: www.blinex.com

Greetings,

This application is substantially based on the FAA's findings in Exemption No. 11062 granted to Astraeus

Aerial on September 25, 2014, and in reliance on the analysis provided therein.

Sections from which exemptions are sought: Application is hereby made for exemption from:

FAA Modernization and Reform Act of 2012, PL 112-95 FEB. 14,2012, Section 333

14 CFR Part 21, subpart H

14 CFR Part 61. 113(a) and (b)

14 CFR Part 91 .7(a) and 9(b)(2):

14 CFR 91.103(b)(2)

14 CFR 91.105

14 CFR 91.109

14 CFR. 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (1) and (2)

14 CFR 91.417 (a) and (b)

B-Line Express, Inc. wishes to operate Unmanned Aircraft Systems for commercial purposes to

include (but not limited to) videography, photography, inspections and analyses. This

relief is sought because commercial use of UAS's is currently prohibited by law unless

performed under an exemption.

This exemption will cover use of the following airframes, all of which will weigh less than

55 pounds including payload and energy sources:

Yuneec Typhoon Series models

DJI Phantom models

3D Robotics Solo & X8 Models
Other models to be added by future amendment to this exemption.

The Specific Sections of Title 14 of the Code of Federal Regulations, B-Line Express, Inc. 

Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(1); 14 CFR

409 (a)(2); and, 14 CFR 417 (a) & (b).

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b)

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1);

91.409 (a) (2);91.417 (a) & (b).

The Extent of Relief B-Line Express, Inc. Services Seeks and the Reason It Seeks Such Relief:

B-Line Express, Inc. Services submits this application in accordance with the Reform Act, 112

P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent

B-Line Express, Inc. Services contemplated commercial cinematic, research and other flight

operations within the national airspace system. The Reform Act in Section 332 provides for such

integration of civil unmanned aircraft systems into our national airspace system as it is in the

public's interest to do so. B-Line Express, Inc.’s lightweight UASs meet the definition of

"small unmanned aircraft" as defined in Section 331 and therefore the integration of B-Line 

Express’s lightweight UASs are expressly contemplated by the Reform Act. B-Line Express would 

like to operate its lightweight UASs prior to the time period by which the

Reform Act requires the FAA to promulgate rules governing such craft.

The Reform Act guides the Secretary in determining the types of UASs that may operate safely

in our national airspace system. Considerations include:

Operational Requirements

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be

operated near airports or populated areas; and, Whether the UAS will be operated by line of

sight. We will using the included Drone’s standard radio frequency channel and camera.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for B-Line Express, 

Inc.

B-Line Express, Inc. UASs utilizes four counter-rotating propellers for extreme

balance, control and stability. They each weigh less than 55 pounds. Each of B-Line Express, Inc. 

small unmanned aircraft are designed to primarily hover in place and operate at less than a 50 

knot maximum speed. They are capable of vertical and horizontal operations but operate only 

within the line of sight of the remote control pilot. 

In addition to the remote control pilot, B-Line Express, Inc. uses a visual observer to assist the 

pic in the safe flight of an aircraft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and

twenty minutes. B-Line Express, Inc. does not operate its UASs with less than twenty five

percent battery capacity. Safety systems in place include a GPS mode that allows B-Line 

Express, Inc. UAS’s to hover in place if communication with the radio control pilot is lost and 

then slowly descend the UAS at twenty five percent battery capacity. Further, B-Line Express, 

Inc. fleet is programmed, in some instances, to slowly follow a predetermined set of

waypoints to return to a safety point if communications are lost.
B-Line Express, Inc. does not operate its UASs near airports and generally does not

operate them near populated areas. The UAS operating software and GPS navigation systems 

do not allow any of the B-Line Express, Inc. UAS vehicles to operate near airports or restricted

fly zones. The failsafe software will disable the UAS vehicles from taking off and also limit the

UAS systems from operating within specific GPS preset no-fly zones. To date, B-Line Express, 

Inc. has only operated its fleet on private sets, cordoned off areas and areas under the control

of B-Line Express, Inc. clients. B-Line Express, Inc. only operates its UASs in

predetermined areas and with owner authorization.

B-Line Express, Inc.’s operation of its fleet of small unmanned aircraft will not "create a

hazard to users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given the

small size and weight of B-Line Express, Inc. UASs, combined with their operation in

cordoned off and well-controlled areas, B-Line Express, Inc. fleet falls within Congress's

contemplated safety zone when it promulgated the Reform Act and the corresponding directive

to integrate UASs into the national airspace system. Indeed, B-Line Express, Inc. UASs have

a demonstrable safety record and do not pose any threat to the general public or national 

security.

The FAA has the authority to issue the exemption to B-Line Express, Inc. Services pursuant to 

the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits

Granting B-Line Express, Inc.’s exemption request furthers the public interest. First,

Congress has already pronounced that it is in the public's interest to integrate commercially

flown UASs into the national airspace system, hence the passing of the Reform Act. Second,

B-Line Express, Inc.’s conducts research into safe UAS operations every time it flies one of its

UASs. Flight data, visual inspections, recorded observations and flight analyses are compiled to

further enhance current safety protocols. Third, the public has an interest in reducing the 

danger and emission associated with current aerial cinematic capture methods, namely, full size 

helicopters. B-Line Express, Inc. UAS’s are battery powered and create no emissions. If a B-Line 

Express, Inc. UAS crashes there is no fuel to ignite and explode. The impact of B-Line Express, 

Inc. lightweight UASs is far less than a full size helicopter, notwithstanding the statistically 

noteworthy safety record of full size helicopters. The public's interest is furthered by minimizing

ecological and crash impacts by permitting motion picture capture through B-Line Express, Inc.

lightweight UASs.

Reasons Why B-Line Express, Inc. Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

B-Line Express, Inc.’s exemption will not adversely affect safety. Quite the contrary, for

the reasons stated, supra, permitting B-Line Express, Inc. to log more flight time in FAA

controlled airspace will allow B-Line Express, Inc. to innovate and implement new and as of

yet undiscovered safety protocols. In addition, B-Line Express, Inc. Services submits the 

following techniques:

• B-Line Express, Inc. UASs weigh less than 55 pounds;

• B-Line Express, Inc. only operates its UASs below 400 feet;

• B-Line Express, Inc. UASs only operate for 5-25 minutes per flight;
• B-Line Express, Inc. lands its UASs when they reach 25% battery power;

• B-Line Express, Inc. remote control pilots operate B-Line Express, Inc. UASs by line of sight;

• B-Line Express, Inc. Services remote control pilots have video backup should they somehow

lose sight of the UAS;

• B-Line Express, Inc. Services staffs each flight with a remote control pilot and a visual observer 

with real time communication between them;

• B-Line Express, Inc.’s UASs have GPS flight modes whereby they hover and then

slowly land if communication with the remote control pilot is lost or battery power is

below25%;

• B-Line Express, Inc. actively analyses electronic flight data and other sources of

information to constantly update and enhance safety protocols;

• B-Line Express, Inc. only operates in secured areas that are strictly controlled, are

away from airports and populated areas;

• B-Line Express, Inc. conducts extensive briefings prior to flight, during which safety

carries primary importance;

• B-Line Express, Inc. always obtains all necessary permissions and permits prior to

operation; and, B-Line Express, Inc. has procedures in place to abort flights in the

event of safety breaches or potential danger.

B-Line Express, Inc. provides a level of safety at least equal to existing rules, and in

nearly every instance, greater than existing rules. It is important to note that absent the

integration of commercial UASs into our national airspace system, helicopters are the primary

means of picture capture. While the safety record of such helicopters is remarkably

astounding, it is far safer to operate a battery powered lightweight UAS. First, the potential loss

of life is diminished because UASs carry no people on board and B-Line Express, Inc. only

operates them in specific areas away from mass populations. Second, there is no fuel on board 

a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size 

and extreme maneuverability of B-Line Express, Inc. UASs allow our remote control pilots to

avoid hazards. Lastly, given their small size and weight, even when close enough to capture

amazing images, B-Line Express, Inc. UASs need not be so close to the objects they are

focused on. Accordingly, B-Line Express, Inc. UASs have operated and will continue to

operate at and above current safety levels.

A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size,

weight and enclosed operational area of B-Line Express, Inc. UASs permits exemption from

Part 21 because B-Line Express, Inc. UASs meet an equivalent level of safety pursuant to

Section 3 3 3 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 

of the Reform Act. Both pieces of legislation permit the FAA to exempt U ASs from the 

airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. B-Line Express, 

Inc. UASs meet or exceed each of the elements.
14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the F ARs, this Regulation is

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or

passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level

of safety will be achieved by maintaining a manual at the flight operations center. The

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

6

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as B-Line Express, Inc.

UASs utilize electronic global positioning systems and internal gyroscopes to provide

spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining such certifications and registrations at the B-Line 

Express, Inc. flight operations center.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

specifications. B-Line Express, Inc. UASs are, by definition, unmanned. They therefore do

not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

two-inch lettering is difficult to place on such small aircraft. Regardless, B-Line Express, Inc.

will mark its UASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its 

fuselage as required by 14 C.F.R. §45.29 (f) so that the the pilot, visual observer and others 

working with the UAV will see the markings. The FAA has previously issued exemptions to this 

regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

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

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial

operations. B-Line Express, Inc. can achieve an equivalent level of safety as achieved by

current Regulations because B-Line Express, Inc, UAS’s do not carry any pilots or

passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills,

though B-Line Express, Inc. pilot vetting and training programs will. Further, private pilot

licensees will operate B-Line Express, Inc. UASs with the same skill. Further, the risks

attendant to the operation of B-Line Express, Inc. Services UASs is far less than the risk levels

inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing B-Line 

Express, Inc. to operate its UASs with a private pilot as the pilot in control will exceed current

safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows

helicopters to be operated at lower altitudes in certain conditions. B-Line Express, Inc. UASs

will never operate at an altitude greater than 400 AGL. B-Line Express, Inc. will, however,

operate its UASs in cordoned off areas with security perimeters, providing a level of safety at

least equivalent to those in relation to minimum safe altitudes. Given the size, weight,

maneuverability and speed of B-Line Express, Inc. Services UASs, an equivalent level of safety will

be achieved.
E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and operators to

"have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to B-Line Express, Inc. Services should its requested exemption be granted. B-Line 

Express, Inc. conducts an extensive maintenance program that involves regular software

updates and constant inspection for assessment of any damaged hardware. Therefore, an

equivalent level of safety will be achieved. B-Line Express, Inc. has researched and

developed its own designs.

F. Summary

B-Line Express, Inc. Services seeks an exemption from the following Regulations: 14 C.F.R.

21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R.

§ 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121;

14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. §

91.407 (a)(1); 14 C.P.R. § 91.409 (a)(2); 14 C.P.R. § 91.409 (a)(2); and, 14 C.P.R. §§ 91.417 (a)

& (b) to commercially operate its fleet of small unmanned vehicles and lightweight unmanned

aircraft vehicles in videography, photography, inspections and analyses. Currently, motion this type of 

imagery is only accomplished by larger aircraft running on combustible fuel. B-Line Express, Inc. 

craft do not contain potentially explosive fuel, are smaller, lighter and more maneuverable than 

conventional aircraft. Further, B-Line Express, Inc. Services operates at lower altitudes and in 

controlled airspace. B-Line Express, Inc. has been analyzing flight data and other information in

compiling novel safety protocols and the implementation of a flight operations manual that

exceeds currently accepted means and methods of safe flight.

There are no people on board B-Line Express, Inc. UASs and therefore the likelihood

of death or serious bodily injury is significantly limited. B-Line Express, Inc. Services operation of its

UASs, weighting less than 55 pounds and traveling at speeds lower than 50 knots in cordoned off

areas will provide at least an equivalent level of safety as that achieved under current F ARs.

B-Line Express, Inc. respectfully requests that the FAA grant its exemption request

without delay. The FAA has the authority to issue the exemption sought by B-Line Express, Inc.

Services pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").