UAS Exemption for Bradley Pierce 2015 

April 25, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Bradley Pierce 

27 West Sutton Rd 

Sutton, MA 01590 

Re: Exemption Request Pursuant to Public Law 112-95, Section 333 of the FAA Reform Act and Part 11 of the Code of 

Federal Regulations from: 14 CFR 21 subpart H; 14 CFR 47.3(b)(2); 14 CFR 47.31(c); 14 CFR 91.9(b)(2); 14 CFR 

91.109(a); 14 CFR 91.119(d)(1); 14 CFR 91.121; 14 CFR 91.131(b)(1); 14 CFR 91.131(d)(1)&(2); 14 CFR 91.203(a)&(b); 

14 C.F.R. 91.403(b)&(c); 14 CFR 91.405; 14 CFR 91.407; 14 CFR 91.409 and 14 CFR 91.417. 

Note: 14 CFR Part 61 in its current form applies to manned aircraft. 14 CFR 61.3 refers specifically to flight crew members who is 

defined in Part 1. 1 as a pilot, flight engineer, or flight navigator assigned to duty "in an aircraft" during flight time; therefore no 

exemptions from Part 61 is being sought for as it is not applicable at the time of this exemption request. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, 

Bradley Pierce, operator of a small Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed 

Federal Aviation Regulations ("FARs") to allow commercial operation of its UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 

333. 

The exemption would permit Bradley Pierce to operate a small Unmanned Aircraft System (UAS) for the commercial 

purposes stated in Docket No.: FAA-2015-0150; Notice No.15-01, including aerial video and photography over certain 

areas of the United States. Briefly described: 

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, 

engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, cinematography 

and news gathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local 

government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical 

power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an 

emergency or natural disaster only when the local authorities or government has requested it by contract and/or 

donation. 

6. The ability to offer training to persons individually or belonging to both private and/or public organizations that have 

interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the 

safety of the National Airspace System (NAS) as well as for the protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the 

NAS that 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 and the FAA Administrator's responsibilities to " .... establish requirements for 

the safe operation of such aircraft systems in the national airspace system. 

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UAS Exemption for Bradley Pierce 2015 

The name, address and contact information of the Petitioner is: 

Bradley Pierce 

27 West Sutton Rd 

Sutton, MA 01590 

Cell Phone: 508 335 3871 

brp@starfleetaudio.com 

Regulations from which the exemption is requested: 

14 CFR Part21 subpart H 14 CFR 91.131(b)(1) 

14 CFR 47.3(b)(2) 14 CFR 91.131(d)(1)&(2) 

14 CFR 47.31(c) 14 CFR 91.203(a)&(b) 

14 CFR 91.9(b)(2) 14 C.F.R. 91.403(b)&(c) 

14 CFR 91.1 09(a) 14 CFR 91.405 

14 CFR 91.119(d)(1) 14 CFR 91.407 

14CFR91.121 14CFR91.409 

14 CFR 91.417 

Description and specifications of UAS to be used by the Petitioner 

DJI Phantom 3 Professional 

Weight (including battery and propellers) 2.8 pounds 

Diagonal size (including propellers) 23.3 inches 

Max Speed 35.8 mph (no wind) 

GPS Mode GPS/GLONASS 

Aircraft means of propulsion = Electric via Lithium Polymer Batteries 

Battery Capacity 4480 mAh 

Voltage 14.8 Volts 

Max Flight Time Approximately 23 minutes 

3D Robotics Solo 

Weight (including battery and propellers) 3.8 pounds 

Diagonal size (including propellers) 16.1 inches 

Max Speed 55 mph (no wind) 

GPS Mode GPS/GLONASS 

Aircraft means of propulsion = Electric via Lithium Polymer Batteries 

Battery Capacity 5200 mAh 

Voltage 14.8 Volts 

Max Flight Time Approximately 20 minutes 

The Petitioner will operate the UAS in line of sight within a predetermined area owned and/operated by the property 

representative. Given the small size of the UAS and the controlled environment provided, the proposed operations will 

adhere to the Reform Act's safety requirements. The approval of this application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public 

interest. Accordingly the Petitioner requests that the FAA grant the requested exemption with minimum delay. 

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UAS Exemption for Bradley Pierce 2015 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the 

safety of persons, property and also manned aircraft in the NAS. These limitations and conditions to which the Petitioner, 

hereafter referred to as the operator, agrees to adhere to when conducting commercial operations under the FAA issued 

exemption limitations, and as set forth in the Flight Operations Manual (FOM) include: 

1. The small UAS, as specifically designated and described in this petition, will weigh less than 55 lbs including 

payload. 

2. The UA will be operated within visual line of sight (VLOS) at all times by the operator or visual observers. (VO). 

3. The UA will remain close enough to the operator so that human vision unaided by any device other than 

corrective lenses will be used. 

4. The UA will not be operated over persons not directly involved in the operation unless those persons remain 

under a covered structure. 

5. The UA will only be operated during daylight (official sunrise to official sunset of local operation area) unless 

specific authorization from the FAA is granted prior to operations. 

6. The operator may use VOs for certain operations and will ensure each VO is trained on procedures listed in the 

operator's FOM. 

7. The UA will not be operated at a speed exceeding 87 knots (1 00 miles per hour) using ground speed or 

calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be 

operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer. 

8. The UA will be operated at an altitude of no more than 500 feet above ground level (AGL). Altitude will be 

measured in feet AGL. If an object to be inspected, such as an antenna, exceeds 500 feet AGL, the operator 

will limit the flight to within 200 feet higher than the structure being photographed. The operator will notify the 

FAA and local authorities of the proposed plan to include date, time, location and height of the object to be 

inspected prior to operations. The UA will be flown in safe manner in close proximity to the object as to not 

interfere with traffic in the NAS. 

9. The UA will not be operated unless visibility is greater than day requirements listed in 14 CFR 91.155 for the 

Class of airspace at the operator's ground station, on location. 

10. The UA will not be operated in Class A airspace (18,000 feet and above). 

11. The operator will receive ATC permission prior to operations in Class B, C, D and E airspace. 

12. The operator will ensure that any VOs, if used, will only monitor one UA at any given time. 

13. The operator will not allow operations from a moving vehicle or aircraft, except for watercraft on the water. 

14. The operator will not conduct any careless or reckless operations. A flight will be terminated immediately as 

possible if the safety of the operation cannot be maintained. 

15. Prior to each flight, the operator will conduct a pre-flight inspection and determine the UAS is in a condition for 

safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, 

items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft 

is prohibited from operating until the necessary maintenance has been performed, logged and the UAS is found 

to be in a condition for safe flight. 

16. The operator will not operate any UA if a physical or mental condition would prevent the safe operation of that 

aircraft. 

17. When using aVO or VOs, the operator and VO must be able to communicate at all times. Radio 

communications or communication-assisting devices may be used. Electronic messaging or texting will not be 

permitted during flight operations. Daisy-chaining of VOs for the purpose of expanding the operations area will 

not be permitted. 

18. The operator will be responsible to see and avoid all other users of the NAS in which the UAS is operating. 

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UAS Exemption for Bradley Pierce 2015 

19. The holder of this exemption will be responsible to ensure its aircraft are properly registered in accordance with 

14 CFR Part 47, and have identification (N-Number) markings in accordance with 14 CFR Part 45, Subpart C. 

Markings must be as large as practicable. 

20. The UAS operator will be designated before the flight and cannot transfer his or her designation for the duration 

of the flight unless a medical duress or unforeseen emergency is preventing safe operation of the UAS. In which 

case the VO, who has been deemed qualified and trained in the operation of the UAS, will operate the controls 

to land the UA in a predetermined "emergency plan" set forth by the operator who was granted this exemption. 

The holder of this exemption must ensure that VOs, if used, can perform the duties required of aVO. 

21. Documents for UAS operations and maintenance will be made available to the FAA upon request. If a 

discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the 

FOM, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in the FOM. The operator may update or revise its operating documents. 

It is the operator's responsibility to track such revisions and present revised documents to the FAA or any law 

enforcement official upon request. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted an exemption, then the operator must petition for an amendment to its grant of 

exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates 

or revisions to the operating documents. 

22. Any UAS that has undergone maintenance or alterations that affect UAS operations or flight characteristics, e.g. 

replacement of a flight critical component, must undergo an operational check flight prior to conducting further 

operations under this exemption. Operational check flights may only be conducted by a qualified operator 

familiar with the specific UAS being checked and must remain 500 feet from any persons unless they remain 

under a covered structure. (NPRM wording) The operational check flight must be conducted in such a manner 

so as to not pose an undue hazard to persons and property. 

23. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe 

operation. 

24. The operator must follow the UAS manufacturer's maintenance; overhaul, replacement, inspection, and life limit 

requirements for the aircraft and aircraft components. 

25. The holder of this exemption will follow manufacturer's safety bulletins for each UAS operated under this 

exemption. 

26. The holder of this exemption will ensure that each operator is 17 years or older, a US citizen and has a state 

issued driver's license. 

27. The holder of this exemption will require that its operators demonstrate the ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated in this petition, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. Qualification 

flight hours and currency may be logged in a manner consistent with 14 CFR 61.51 (b). Flights for the purposes 

of training the operator's and VOs (training, proficiency, and experience-building) and determining the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated, will be permitted. However, 

training operations may only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights will be conducted 500 feet from any persons that are not intended to be part of such 

training operations unless those persons remain under a covered structure. 

28. The operator will use UAS that have safety features allowing it to return to a preset location if it loses 

communications with its ground station. The operator will set this pre-determined location within the private or 

controlled-access property as to minimize any possible contact with objects. 

29. The operator is prohibited from beginning a flight (considering wind and forecast weather conditions) unless 

there is enough available power for the UA to conduct the intended operation and to operate after that with at 

least 25% energy reserves or with the reserve power recommended by the manufacturer, whichever is greater. 

The operator will perform training tests, in a designated training area as prescribed herein, to assess the true 

energy characteristics of the specific UAS battery system to determine the actual flight time for reserve battery 

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power. Said energy tests will deem the "safety" operating procedure for actual emergencies and useful flight 

time. 

30. The exemption holder will ensure that operators and VOs have a copy of this exemption, the FOM and 

applicable aircraft registrations located at the ground station during operations. These documents will be made 

available to the Administrator or any law enforcement official upon request. 

31. All operations shall be conducted over private or controlled-access property with permission from the property 

owner/controller or authorized representative. 

32. The exemption holder will be responsible to report to the FAA any small UAS operation that results in: (1) any 

injury to a person; or (2) damage to property other than the small unmanned aircraft. The report would have to 

be made within 10 days of the operation that resulted in injury or damage to property. Accidents will be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. Current NTSB accident reporting is required when 1) Any person suffers death or serious injury. 

2) Any UAS with max gross takeoff weight exceeding 300 pounds sustains substantial damage. 

Operations for closed-set motion picture and television filming and production include the following limitations: 

33. The operator must have a motion picture and television operations manual (MPTOM) in his/her possession. 

34. At least 3 days before aerial filming, the operator of the UAS must submit a written Plan of Activities to the local 

Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day notification 

may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming; 

c. Name and phone number of the person responsible for the on-scene operation of the UAS; 

d. Make, model, and serial or N-Number of UAS to be used; 

e. A statement that the operator has obtained permission from property owners and/or local officials to conduct 

the filming production event; the list of those who gave permission must be made available to the inspector 

upon request; 

f. Signature of operator or representative; and 

g. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over 

which filming will be conducted and the altitudes essential to accomplish the operation. 

35. Flight operations may be conducted over/near participating persons consenting to be involved and necessary for 

the filming production, as specified in the operator's MPTOM. 

Regulations from which the exemption is requested: 

14 CFR Part 21, Subpart H and 14 CFR §91.203(a)(1)&(b): Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by 14 CFR 91.203(a)(1 ). Given the size and limited operating area associated with the aircraft to 

be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

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UAS Exemption for Bradley Pierce 2015 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, nearly 

silent operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 CFR 47.3(b)(2) and 14 CFR 47.31(c) and 14 CFR 91.203(a)(2): Registration required 

This regulation states in part: No person may operate an aircraft that is eligible for registration under 49 U.S.C. 44101-

44104 unless the aircraft is carrying aboard the temporary authorization required by §47.31(c). Part 91.203(a)(2) reads 

similar. The Petitioner will be operating small UAS. Placing registration paperwork inside the UA will be impractical. An 

equivalent level of safety can be achieved by the Petitioner ensuring that all temporary or permanent registration 

paperwork for the UAS being operated is located on site at the ground station as stated in item 30 in this document. 

14 CFR 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 

UAS, 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 keeping the UAS flight manual at the ground station where the UAS operator will have 

immediate access to it. 

14 CFR 91.1 09(a): Flight Instruction 

Section 91.1 09(a) 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. The Petitioner will be operating small UAS that 

do not have fully functional dual controls. Flight control is accomplished through the use of a control box transmitter that 

communicates with the aircraft via radio communications. The equivalent level of safety is provided by the fact that neither 

a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. Flight instruction is 

accomplished by handing the transmitter between the instructor and trainee or by the use of a buddy box system. 

Instruction will also be accomplished in accordance with item 27 in this document. 

14 CFR 91.119(d)(1): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119( d)( 1) 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 UAS that is similar to a helicopter and the 

exemption requests authority to operate at altitudes up to 500 AGL, or not more than 200 above a structure from which 

filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate 

at higher than 500 AGL with the exception that in circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 500 feet AGL, the UAS will not be operated more than 200 feet above the highest point 

on the structure in accordance with procedures outlined in item 8 of this document. 

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. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. 

proposed herein and the lack of flammable fuel, noise and any risk associated with these operations is far less than those 

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presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of 

the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. The procedures outlined in this document prohibit flight over persons not involved in 

operations unless they remain under a covered structure. 

14 CFR 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." As the small 

UAS does not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Flights will be conducted 500 

feet above that read out or within 200 feet above the highest point of the structure being filmed as outlined in item 8 of this 

document 

14 CFR 91.131(b)(1): Pilot requirements for Class B airspace 

This regulation states that no person may operate a civil aircraft within a Class B airspace unless that person is a private 

pilot, recreational pilot, sport pilot or is a student pilot that meets requirements of §61.94 or §61.95 of this chapter. An 

exemption from this regulation may be required. An equivalent level of safety will be achieved by operating the small UAS 

at altitudes listed in the limitation section of this document. The UA will not be landing or departing from airports in Class B 

airspace nor flying through Class B airspace. The UAS will be flown in a controlled environment within VLOS. The UAS 

operator will require ATC permission prior to conducting operations and will give right of way to any manned aircraft. 

14 CFR 91.131 (d)(1 )&(2): Equipment requirements for Class B airspace 

The regulation states that no person may operate an aircraft in Class B airspace unless it is equipped with a transponder 

and after January 1, 2020 an ADS-Bout system. An exemption may be required. Due to the size, weight and payload 

capacity of the small UAS, installing these systems is not practical. An equivalent level of safety will be achieved by 

operating the small UAS at altitudes listed in the limitations section of this document. The UAS will not be landing or 

departing from airports in Class B airspace nor flying through Class B airspace. The UAS will be flown in a controlled 

environment within VLOS. The UAS operator will require ATC permission prior to conducting operations and will give right 

of way to any manned aircraft. 

14 C.F .R. 91.403(b)&(c); 91.405; 91.407; 91.409; 91.417: Maintenance and 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, have discrepancies repaired as prescribed in part 43 of this 

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

Part 43 only applies to aircraft with a US airworthiness certificate or foreign registered aircraft operating in common 

carriage under provisions of Part 121 or 135. These sections will not apply to the Petitioner who will be operating a small 

UAS. An equivalent level of safety will be achieved as the UAS will be maintained in accordance with the UAS 

manufacturer's instructions and limitations listed in the operator's FOM. The small UAS will carry a small payload and 

operate in a controlled area for a limited period of time. If mechanical issues arise the UAS can land immediately and will 

be operating from no higher than 500 feet AGL, without prior FAA authorization. The operator will ensure that the UAS is 

in working order prior to initiating flight, perform required and preventative maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent level of safety. 

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UAS Exemption for Bradley Pierce 2015 

Additional Information 

The Petitioner, Bradley Pierce has held his Private Pilot Certificate No. 3481381 since 1994. He has been flying RC 

models for 36 years. For the last 10 years he has been the elected "Safety Officer" at his local Academy of Model 

Aeronautics (AMA) RC chartered club. He has taught RC safety and flying to local enthusiasts using the safety guidelines 

set by the AMA. He has long term RC skills such as model building, repairing, maintaining and flying experience. He also 

holds a Bachelor of Music degree from Berklee College of Music, Boston, Ma. 

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the 

grant of the requested exemptions allowing the commercial operation of the Petitioner's UAS. 

Respectfully, 

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