U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Sean Joseph

Blackburrow Creative LLC

18300 E 27TH ST S

Independence, MO 64057

Re: Exemption Request Pursuant to Public Law 112­95, 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 of 2012 (the "Reform Act") and 14 CFR Part 11,

Sean Joseph, 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 Sean Joseph to operate a small Unmanned Aircraft System (UAS) for the commercial

purposes stated in Docket No.: FAA­2015­0150; Notice No.15­01, 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.
The name, address and contact information of the petitioner is:

Sean Joseph

18300 E 27TH ST S

Independence, MO 64057

+1 813­391­0407

info@blackburrowcreative.com

Regulations from which the exemption is requested:

● 14 CFR Part 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)

● 14CFR 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

● 14CFR 91.409

● 14 CFR 91.417

Description and specifications of UAS to be used by the Petitioner

DJI Phantom 3 Professional

Weight (including battery and propellers)

Diagonal size (including propellers)

Max Speed

GPS Mode (GNSS)

Aircraft means of propulsion

Battery Capacity

Nominal Voltage

Max Flight Time

2.8 pounds

23.3 inches

35.8 mph (no wind)

GPS/GLONASS

Electric via Lithium Polymer Batteries

4480 mAh

14.8 Volts

Approximately 23 minutes

DJI Spreading Wings S900

Weight (including battery and propellers)

Diagonal size (including propellers)

Max Speed

GPS Mode (GNSS)

Aircraft means of propulsion

Battery Capacity

Nominal Voltage

Max Flight Time

18 pounds

50 inches

35 mph (no wind)

GPS/GLONASS

Electric via Lithium Polymer Batteries

16000 mAh

22.2 Volts

Approximately 18 minutes

Freefly Systems ALTA

Weight (including battery and propellers)

Diagonal size (including propellers)

Max Speed

GPS Mode (GNSS / SBAS)

Aircraft means of propulsion

Battery Capacity (payload based)

Nominal Voltage

Max Flight Time

30 pounds

60.4 inches

50 mph (no wind)

GPS/GLONASS/Galileo/QZSS/WAAS/EGNOS/MSAS

Electric via Lithium Polymer Batteries

4x12Ah / 2x12Ah / 2x10Ah / 2x9Ah

22.2 Volts

Approximately 18 minutes
DJI Inspire 1

Weight (including battery and propellers)

Diagonal size (including propellers)

Max Speed

GPS Mode (GNSS)

Aircraft means of propulsion

Battery Capacity

Nominal Voltage

Max Flight Time

6.4 pounds

22.8 inches

50 mph (no wind)

GPS/GLONASS

Electric via Lithium Polymer Batteries

5700 mAh

22.8 Volts

Approximately 18 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.

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 FM 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 UAS will be operated within visual line of sight (VLOS) at all times by the operator or visual observers.

(VO).

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

corrective lenses will be used.

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

remain under a covered structure.

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

unless specific authorization from the FM 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 UAS will not be operated at a speed exceeding 87 knots (100 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 UAS 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

FM 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 UAS 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 UAS 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 ensure safe operations from a moving vehicle or aircraft, including watercraft.

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 pre­flight inspection and determine the UAS is in a condition

for safe flight. The pre­flight 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 UAS if a physical or mental condition would prevent the safe operation of

that aircraft.

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

communications or communication­assisting devices may be used. Electronic messaging or texting will not

be permitted during flight operations. Daisy­chaining 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.

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 (N­Number) 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 a VO.

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 (AFS­80) 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 experience­building) 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 experience­building 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 pre­determined location within the private

or controlled­access 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 UAS 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 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 controlled­access 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 closed­set 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 3­day

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 on­scene operation of the UAS;

d. Make, model, and serial or N­Number 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.

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.

44101­44104 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 91.109(a): Flight Instruction

Section 91.109(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 55lbs. proposed herein and the lack of flammable fuel, noise and any risk associated with these operations

is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the

low­altitude 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 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 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 ADS­Bout 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.

Additional Information

Sean Joseph has a long history spanning 10 years of building, repairing and maintaining RC vehicles. He is an

advocate for safe flight and has a proven track record of safe flight. He has logged over 100 hours on UAS systems.

Along with being part of an educational group that helps others learn about UAS systems, he is a proponent of

innovative and safe integrations of this technology. With hopes that he can help the community as a whole, this is his

submission for a Section 333 exemption.

Sincerely,

Sean Joseph

Blackburrow Creative LLC

18300 E 27TH ST S

Independence, MO 64057