1 November 10 ,	2015

Department	of	Transportation Docket	Management	System 1200	New	Jersey	Ave.,	SE Washington,	DC	20590

RE:	Bentley	Systems,	Inc orporated petition for e xemption Pursuant	to	Section	333	of	the	FAA
Modernization	and	Reform	Act	of	2012

To	whom	it	may	concern:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(Reform	Act)	and	14 C.F.R.	Part	11,	Bentley	Systems,	Inc orporated (hereinafter	referre d	to	as	"Bentley	Systems" or “Petitioner” )	hereby	applies	for	a	Grant	of	Exemption	from	the	Federal	Aviation	Regulations (FARs)	identified	below, and	Petitioner	also	applies	for	a Certificate	of	Waiver	or	Authorization to	operate	small	unmanned	aerial	vehi cles	(i.e.,	small	unmanned	aircraft	systems	or	UAS) for flights	at	or	below	200	feet	for	aircraft	that	weigh	less	than	55	pounds,	operate	during	daytime Visual	Flight	Rules	(VFR)	conditions,	operate	within	visual	line	of	sight	(VLOS)	of	the	pilots,	and	5

n autical	miles	(NM) away	from	airports	or	heliports, for	the	purpose	of	conducting aerial imaging,	data	collection, and remote	sensing

.

In	particular,	Bentley	Systems	seeks	permission	to	operate	the	following	vehicles:	the	DJI Phantom	series,	DJI	Spreading	Wings	series,	DJI	Inspire	series,	3D	Robotics	X8,	3D	Robotics	X8+.

Bentley	Systems	respectfully	submits	that	this	Petition	for	Exempt ion	qualifies	for	expedited approval,	as	the	Federal	Aviation	Administration	(FAA)	has	previously	issued	grants	of exemption	in	circumstances	similar	in	all	material	respects	to	those	presented	herein.



## Background	and	Description

At	its	core,	Bentley	Syste ms	is	a	software	development	company	that	supports	the	professional needs	of	those	responsible	for	creating	and	managing	the	world’s	infrastructure,	including roadways,	bridges,	airports,	skyscrapers,	industrial	and	power	plants	as	well	as	utility	networks

. Bentley	delivers	solutions	for	the	entire	lifecycle	of	the	infrastructure	asset,	tailored	to	the needs	of	the	various	professions

– the	engineers,	architects,	planners,	contractors,	fabricators, IT	managers,	operators	and	maintenance	engineers

– who	will work	on	and	work	with	that	asset over	its	lifetime.	Comprised	of	integrated	applications	and	services	built	on	an	open	platform, each	solution	is	designed	to	ensure	that	information	flows	between	workflow	processes	and project	team	members	to	enable	inter operability	and	collaboration.2 The	ability	to	use	UAS	would	benefit	and	furt her	the	Bentley	Systems	mission	in	developing
software	to	sustain	infrastructure

. Bentley	Systems	respectfully	seeks	an	exemptio n	for	civil operations	of	small

- unmanned aircraft.

In	accordance	with	14	C.F.R.	§	11.81(a),	Bentley	Systems	provides	the	following	information	in support	of	its petition for e xemption.

The	name	and	address	of	Petitioner	is	as	follows:

Bentley	Systems,	Incorporated
685	Stockton	Drive Exton,	PA	19341

Th e	contact	information	for Petitioner is	as	follows:

Casey	Bentley
685	Stockton	Dr ive Exton,	PA	19341

Phone: 610.458.2714
Email: Casey.Bentley@Bentley.com



## Description	of	Proposed O perations

Bentley Systems	seeks	an	exemption	pursuant	to	Section	333	of	the	Reform	Act	to	use	a	number of	different	UAS	platforms	for	aerial	data	collect ion	in	support	of	developing	software	to support	global	infrastructure .	In	furtherance	of	its	stated	mission,	Bentley	Sys tems	seeks	to	use UAS	in	order	to	continue	pursuing	innovative	research	and	providing software	solutions

.

The	proposal	is	designed	to	establish	a	reasonable	methodology	to	test	specific	types	and platforms	of	sUAS,	in	a	variety	of	environments	and	to	enab le	the	safe	and	efficient	deployment
of	commercial	sUAS.

The	outputs	of	safe,	reliable,	and	regulatory	compliant	operations	of	sUAS	provide	economic benefits	historically	unparalleled	since	the	invention	of	flight,	benefitting	stakeholders	at	every
level ,	both	public	and	private.

Lawful,	safe	aerial	robotics	operations	will	create	new	high

- tech	employment	that	will	stimulate city	and	state	governments;	create	new	small	and	large	businesses. Among	other	uses
, Bentley3 wishes	to	investigate	how	sUAS could	be	used	to	further	its	mission	to “ support	the	enterprises and	professionals	who	design,	build,	and	operate the	world’s	infrastructure...”. This	would	allow organizations,	both	public	and	private,	to	better	build,	operate,	and	maintain	infrastructur e assets	in	this	country	and	globally	resulting	in	better	roads	and	safer	bridges,	to	name	a	few. Grant	of	this	petition	would	enable	the	research	and	operational	development	of	necessary industry	infrastructure	to	enable	the	safe	and	efficient	acceleratio n	of	these	significant	public benefits	to	the	United	States	public.



## Previous	Exemptions	granted	for	similar	operations :

Exemption	No. 11521 to SkyWard	IO,	Inc to conduct	research	and	development	of	sUAS	and
associated	sUAS	software (Docket	No.	FAA

- 201 4

- 0 947 );

Exemption	No. 12621 to Colorado	Aerial	Imaging to	conduct photography,	videography,	and surveying .	(Docket	No.	FAA

- 2015

- 2209 );	and

Exemption	No. 13461 to Pin	High	Investments,	LLC to marketing,	research,	and	development
activities	and	aerial	data	c ollection. (Docket	No.	FAA

- 2015

- 3531 );	and

Exemption	No.	11290 to	Amazon.com to	conduct	outdoor	research	and	development	testing. (Docket	No.	FAA

- 2014

- 0474).

The	low

- risk	UAS	operations	proposed	by	Bentley	Systems	in	this application for e xemption fall squarely	within	the	category	of	aerial	data	collection	that	has	been	subject	to	previous	approval.

Bentley	Systems	proposed	operations	in	this petition for	exemption qualify	for	expedited approval	via	the	summary	grant	process	pursuant	to	Section	333 of	the	Reform	Act,	as	each	of the	statutory	criteria	and	relevant	factors	are	satisfied	and	the	FAA	has	previously	issued	grants of	exemption	in	circumstances	similar	in	all	material	respects	to	those	presented	in	this application	for	exemption

.



## Types	of Aircraft	Operated	by	Bentley	Systems

The	FAA	is	familiar	with	and	has	already	determined	that	the	following	vehicles	chosen	by Bentley	Systems	meet	the	requirements	of	Section	333	of	the	Reform	Act	due	to	their	weight, speed	and operational	capabilities.

• DJI	Inspire 1

• DJI	Phantom 14 • DJI	Phantom	2

• DJI	Phantom	3

• DJI	Spreading	Wing s S1000+

• DJI Spreading	Wing s	S900

• DJI Spreading	Wing s	S800	Evo

• 3D	Robotics	X8	and	X8+.

They	all	weight	less	t han	55	pounds	including	payload. The	UAS	all	operate	at	a	speed below 87	knots.



## Bentley	Systems	Operations

Bentley	System	operators	will	operate	under	the	following	conditions,	which	provide	for	safety equivalent	to,	if	not	exceeding	the	level	required	for	manned	aircraft:

• Safety	will	be	the	first	and	foremost	consideratio n	in	any	sUAS	operation

• The	sUASs	planned	to	be	operated	are	rotorcraft,	each	weighing	far	less	than	55 pounds	including	payload

• They	would	operate,	under	normal	conditions,	at	a	speed	of	no	more	than	50	knots.

• All	operations	will	be	conducted	below 2 00'	A GL.	Altitude	will	be	monitored	via	on screen	display	or	telemetry

• Operations	will	be	conducted	during	the	day	under	visual	meteorological	conditions

• Aircraft	will	remain	within	Visual	Line	of	Sight	of	the	PIC (Pilot	In	Command) or	VO ( V isual O bserver)	at	a ll	times

• PIC	and	VO	will	remain	in	voice	contact	during	the	entire	flight

• PIC	shall	complete	a	full	pre

- flight	inspection

• Bentley	Systems	will	utilize	additional	observers	or	signage	when	operations	are conducted	close	to	public	activity

• Operations	will	on ly	be	conducted	with	permission	from	the	appropriate land/property	owner

• All	required	permits	will	be	obtained	from	state	and	local	government	prior	to operation

• The	aircraft	will	not	be	operated	over	populated	areas,	large	gatherings	or	heavily
traveled	r oads.

• Flight	planning	will	include	flight	completion	with	at	least	25%	battery	power remaining	as	measured	by	the	sUAS	flight	computer	or	appropriate	timing

• All	aircraft	are	equipped	with	and	will	utilize	GPS	navigation,	failsafe,	return

- to

home	(RTH)	and /or	flight	abort	safety	features

• The	aircraft	will	not	be	operated	within	5	NM	of	a	public	airport	or heliport5 • A	briefing	will	be	conducted	in	regard	to	the	planned	sUAS operations	prior	to operation	at	each	new	location.	All	personnel	who	will	be	performing	duties	within the	boundaries	of	the	area	of	operation	will	be	present	for	this	briefing

• The	sUAS	pilot	will	be	trained	in	advance	for	the	safe	operation	of	the	sUAS	t o	be operated.	This	will	include	operation	of	the	sUAS	both	in	normal	and	emergency modes	of	operation,	and	will	include	familiarization	with	the	operation	manual. Training	will	also	include	types	of	maneuvers	to	be	performed	and	the	safe operation	in	rela tion	to	persons,	property	and	applicable	airspace.

• Routine	maintenance	and	repairs	are	instr umental	in	safe	operations.

• All maintenance/overhauls/repairs	will	be	completed	according	to	manufacturer
instructions.

• Following	all	maintenance	procedures,	a	test	flight	will	be	conducted	in	a	remote area	to	assure	all	systems	are	operational	prior	to	any	operations	for	customers.

• Repairs	and	flight	times	will	be	documented	to	aid	in	tracking	the	life	cycle	of	critical

c omponents	(ie;	batteries,	motors	and	speed	controls)



## Regulation	from	which	Exemption	is sought

14	C.F.R.	45.23 Bentley	Systems	requests	an	exemption	from	14	C.F.R.	45.23.	Due	to	the	small size	of	the	sUAS,
full	size	aircraft	marks	are	not	feasible.	If	the FAA	assigns	a	designation, Bentley	Systems will place	assigned	designation	marks	on	the	aircraft	in	the	most	practical and	visible	manner
available.

14	C.F.R.	45.25 Bentley	Systems	requests	an	exemption	from	14	C.F.R.	45.25.	The	sUAS	is	a multi	rotor	air craft and	does	not	possess	fixed	wings	and	as	such	14	C.F.R.	45.25	is	inapplicable.

14	C.F.R.	45.27 Bentley	Systems	requests	an	exemption	from	14	C.F.R.	45.27.	Due	to	the	small size	of	the	sUAS, it	has	no	cabin,	fuselage,	boom,	or	tail.

14	C.F.R.	45.29
B entley	Systems	requests	an	exemption	from	14	C.F.R.	45.29.	Due	to	the	size constraints	of	the sUAS,	this	requirement	cannot	be	met.	However,	with	approval	of	an exemption	an	aircraft mark	will	be	affixed	in	the	most	practical	manner	and	location.6 14 C.F.R.	61.113 Bentley	Systems	requests	an	exemption	from	14	C.F.R.	61.113.	The	PIC	of	the sUAS	does	not possess	a	commercial	or	private	pilot ’ s	license.	However,	the	proposed	use	of	an unmanned aircraft	with	no	passengers	or	crew,	weighing	considerably	less than	a	full	sized aircraft,	and carrying	no	flammable	fuel	load,	operating	in	controlled	areas,	using	a	skilled	sUAS PIC,	will achieve	the	equivalent	level	of	safety	of	current	operation	by	manned	aircraft	with	a private pilot ’ s	license.

14	C.F.R.	91.7(a) Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.7(a).	Given	the rules	of	operation	and maintenance	listed	above,	an	equivalent	level	of	safety	can	be	achieved since	no	standard	of airworthiness	currently	exists	and	no	airworthiness	certificate	can be	issued.

14	C.F.R.	91.9(b)(2) Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.9(b)( 2 ).	There	is	no method	for approval	of	sUAS	manuals	currently,	there	is	no	place	to	carry	such	a	manual	on board	the aircraft,	and	no	pilot	on	board	to	reference it.	The	flight	manual	must	however	be	kept at	the ground	control	location	for	PIC	reference.	The	manual	will	also	be	made	available	upon request. As	referenced	earlier	due	to	the	aircraft	small	size,	full	sized	markings	are	not	possible. With	an exemption ,	the	proper	marking	can	however	be	prominently	in	place	on	the	sUAS	in	the most visible	manner.	It	is	also Bentley Systems	understanding	that	relief	from	these regulations	is	no longer	necessary	in	light	of	the	FAA	Memorandum	“Interpretation	regarding whe ther	certain required	documents	may	be	kept	at	an	unmanned	aircraft’s	control	station,” dated	August	8,
2014.

14	C.F.R.	91.103 Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.103.	The	PIC	will	take all	actions	as
stated	above	under	The	Standard Pre

- Flight	check	List.	Specifically,	the	PIC	will take	all	actions including	reviewing	weather,	flight battery	requirements,	aircraft performance data,	and	lan d ing and	takeoff	distances	before	initiation	of	a	flight.	The	PIC	will	also	account	for all	relev ant	site

specific	conditions in	their	preflight	procedures. Risks	presented	by	sun	glare will	be	mitigated by	the	PIC’s	and	VO’s	ability	to	see	other	air	traffic	and	initiate	a	return

- to home sequence	if
needed.

14	C.F.R.	91.109 Bentley	Systems requests	a n	exemption	from	14	C.F.R.	91.109.	Remote	controlled sUAS	are	designed	or	constructed	without	dual	controls.	The	equivalent	level	of	safety	is provided	by	the	limited	size,	speed,	weight	and	altitude	of	the	aircraft	in	addition	to	no	pilot	or
crewmember	on board	the	aircraft.7 14	C.F.R.	91.119 Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.119. Bentley	Systems will	operate	the sUAS	at	an	altitude	not	to	exceed	200	feet	AGL	for	safety. With	the	sUAS small	size	and	weight, an	equivalent	level	of	safety	to	manned	flight	can	be maintained	while	flying	closer	than	500 feet	from	structures	and	the	ground.

14	C.F.R.	91.121 Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.121.	The	sUAS	being flown	w ill	have
live	feedback	of	altimeter	and	will	maintain	an	altitude	below	200	feet	AGL	at all	times.	With	PIC and	VO	using	line	of	sight	operation	and	telemetry,	equivalent	levels	will	be met.

14	C.F.R.	91.151 Bentley	Systems requests	an	exemption	from	14	C .F.R.	91.151. Bentley	Systems believes	that	an equivalent	level	of	safety	can	be	met	by	limiting	flight	times	of the	sUAS	to 25%	battery	charge
remains .	Due	to	the limited	flight	times	of	a	sUAS,	it	is	not	possible	to	comply	with	part	91.151.

14	C.F.R.	91 .203(a)	&	(b) Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.203(a)(b).	Currently there	are	no	FAA procedures	for	providing	an	airworthiness	certificate.	With	the	automatic return	to	home feature,	in	the	rare	event	of	a	radio	control	link	disrupti on,	the	reduced	speed, distance	of	flight, light	weight,	and	200	feet	AGL	altitude	limit	and	no	on	board	flight	crew,	will combine	to	provide a	greater	degree	of	safety	to	the	public	than	the	conventional	flight operations	with	air
worthiness	certificates.

14	C.F.R.	91.405(a)

- (d) Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.405(a)(d).	Since	sUAS will	be	flown without	passengers	and	these	sections	concern	inspection	requirements	for passengers,	Bentley Systems	requests	an	exemption.	As	noted earlier,	placard placement	on	the	small	form	factor	of a	sUAS	is	not	practical	and	also	should	be	exempted.	Log books	detailing	repairs	and maintenance	will	be	kept	on	file.

14	C.F.R.	91.407 Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.407.	T o achieve	an equivalent	level	of safety,	Bentley	Systems	will	follow	the	maintenance	requirements outlined	in	the aircraft
manufacturers maintenance	manual	as	well	as	maintain	detailed	inspection	and	maintenance
records.	Both	the	maintenance	manual	and	deta iled	inspection	and	maintenance	records	will	be made	available	at	request.

14	C.F.R.	91.409 Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.409.	This	section	is applicable	to larger	manned	aircraft	with	longer	flight	times	than	that	of	a	sUAS. Ben tley	Systems believes8 that	the	pre	and	post	flight	inspections	outlined	above	will	meet	the equivalent	level	of	safety required.

14	C.F.R.	91.417 Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.417	as	it	pertains	to aircraft	with	an airworthiness	certificate.	To	achieve	an	equivalent	level	of	safety, Bentley Systems will maintain
detailed	maintenance	records.



## CONCLUSION The	proposed	operations	in	this petition for	exemption satisfy	the	criteria	articulated	in	Section 333	of	the	Reform	Act	and	the	FAA	has	issued	grants	of	exemption	in	circumstances	similar	in	all respects	to	those	presented	by	Bentley	Systems	in	this application for e xemption .	In consideration	of	the	foregoing,	Bentley	Systems	respectfully	submits	that this application for

e xemption	qualifies	for	expedited	approval	via	the	FAA's	summary	grant	process.

We	thank	you	for	your	prompt	consideration	of	our	requested	exemptions.	Should	you	have	any questions,	or	if	you	need	additional	information	to	support	th e	requested	exemptions,	please	do
not	hesitate	to	contact	us.

Sincerely,

Daniel	J.	Stegeman
Chief	Pilot Bentley	Systems



## User	manuals,	Safety	Guides	and	Maintenance	Manuals Following	are	URLs	for	user	manuals ,	safety	guides,	and	maintenance	manuals	related	to the	particular	UAS	that	are	the	subject	of	this	petition	for	exemption. Such	manuals	and guides,	as	updated	from	time	to	time	by	their	respective	publishers,	provide supplemental	technical,	operational, safety,	and	other	data	related	to	this	petition	and are	incorporated	herein	by	reference

.



## DJI Support http://www.dji.com/support9 

## Inspire	Downloads http://www.dji.com/product/inspire

- 1/download



## Inspire	1	Quick	Start	Guide	(EN)	v1.4 http://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_v1.4_en.pd f 

## Inspire	1	User	Manual	(EN)	v1.8 https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf



## Inspire	1	Maintenance	Manual	v1.0 http://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en. pdf



## Phantom	3	Professional http://www.dji.com/product/phantom

- 3/download



## Phantom	3	Professional	Quick	Start	Guide	(EN)	v1.2 https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start _Guide_en__v1.2.pdf



## Phantom	3	Professional	User	Manual	(EN)	v1.6 https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manu al__V1.6 .pdf



## Phantom	3	Safety	Guidelines	and	Disclaimer http://dl.djicdn.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201 509.pdf



## Phantom	1 http://www.dji.com/product/phantom/download



## Phantom	Quick	Start	Manual	(EN)	v1.7 http://dl.djicdn.com/downl oads/phantom/en/PHANTOM_Quick_Start_Manual_v 1.7_en.pdf10 

## Spread	Wing	S1000+ http://dl.djicdn.com/downloads/s1000_plus/en/S1000_Plus_User_Manual_v1.2_en.pdf



## S900	U ser	Manual	v1.2 http://dl.djicdn.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf



## S800	EVO	User	Manual	v1.10 http://dl.djicdn.com/downloads/s800evo/en/S800_EVO_User_Manual_v1.10_en.pdf



## 3D	Robotics	X8+	Operation	Manual https://3drobotics.com/wp

- content/uploads/2015/04/X8

- Operation

- Manual

- vC.pdf