Business Photos America Inc. 

202 Mustang Court 

Gambrills, MD 21054 

September 27, 2015 

US Department Of Transportation  

Federal Aviation Administration  

800 Independence Ave  

SW Washington, DC 20591 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the reform act) and CFR Part 

11, Business Photos America Inc. (BPA), owner and operator of Small Unmanned Aircraft Systems (UASs) 

for aerial mapping, aerial photography and video for the real estate industry, agriculture industry, 

construction industry, small businesses, television and special events requests to be exempted from the 

Federal Aviation Regulations (FAR) listed below so that Business Photos America Inc. may operate UASs 

commercially in airspace regulated by the FAA as long as such operations are conducted within and 

under the conditions outlined herein or as maybe established by the FAA as required by Section 333. 

An exception is being requested because Business Photos America Inc. can provide a level of safety this 

is equal to those provided by existing rules, and the request is in the public interest. The FAA’s authority 

to issue exemptions from operating rules, and the Secretary’s authority granted by Section 333 of P.L. 

112‐95, Special Rules for Certain Unmanned Aircraft Systems, provide an opportunity to authorize 

certain UAS operations in the National Airspace System (NAS) prior to implementation of the UAS rule. 

This incremental step and opportunity will allow BUSINESS PHOTOS AMERICA INC.to safely and legally 

enter into the NAS. All operations will be performed with the public’s safety and right to privacy 

safeguarded at all times. 

As described below, the requested exception would permit the operation of light weight (less than 55 

lbs. total takeoff weight) UASs under controlled conditions in airspace that is limited, predetermined, 

subject to controlled access, and would provide safety enhancements to the already safe operation of 

those aircraft of similar size, weight, speed and operating capability that have been granted entry into 

the NAS via the rules in Academy of Model Aeronautics (AMA) National Safety Code. 

Business Photos America Inc. UASs are rotorcraft weighing less than 55 pounds including payload 

specifically the DJI Inspire 1 Pro Quad Copters, DJI Vision Pro Quad Copters, and the DJI 2 Vision+ Quad 

Copters. They operate at speeds less than 50 knots and have the capability to hover and move in the 

vertical and horizontal plane simultaneously. They also have an auto return to launch point when 
battery power is under 25%. The UAS will operate within the line of sight with in a protected flight area 

as described below and at 400 feet AGL or less with an observer located close at hand as to make voice 

communication possible. These operations will not create a hazard to users of the nation airspace, 

public nor the environment. 

Business Photos America Inc. respectfully requests the grant of an exception to the following specific 

sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for 

commercial use, 

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 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)&(b). 

Business Photos America Inc. submits this application in accordance with the Reform Act 112 P.L. 95 

331‐334, seeking relief from any currently applicable FAR’S operating to prevent Business Photos 

America Inc. future commercial use of small UASs to operate in the national airspace system as 

described below. The reform Act section 332 provides for such integration of civil unmanned aircraft 

into our national airspace system as it is in the public’s interest to do so. Business Photos America Inc. 

UASs meet the definition of “small unmanned aircraft” as defined in Section 331 and therefor the 

integration of these UASs are expressly contemplated by the Reform Act. Business Photos America Inc. 

would like to operate its light weight UASs prior to the time period by which the Reform Act requires the 

FAA to promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in national airspace before completion of the rule making required under 

Section 332 of the reform Act. In making this determination, the Secretary of Transportation is required 

to determine which UASs do create a hazard to users of the national airspace system or the public or 

pose a threat to national security in light of the following: 

 The UASs size, speed, weight and operational capability  

 Operation of the UASs in close proximity to airports and populated areas  

 Operation of the UASs within visual line of sight of the operator 

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National 

Airspace System, the secretary shall establish requirements for the safe operation in national airspace. 

Business Photos America Inc. UASs are rotorcraft weighing less than 55 lbs. and they operate at speeds 

less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. 

The UASs will operate only within the line of sight of the operator within a protected flight area and at 

400 feet AGL or less. These will not present a hazard to the national airspace nor the public. 

The very small nature of these UASs combined with the safe guards presented below, will allow for the 

safe operation greater than that envisioned by Congress for the FAA to establish and by exemption allow 

commercial operations of UASs to commence immediately. Also due to the size of UASs and the areas 

and altitudes they will operate approval of this exception presents no national security issues and 

absolutely minimal safety concerns which have been mitigated through our rigorous risk management 

process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the 
Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions 

utilizing UASs verses traditional aircraft as well as the economic impact of greatly reducing the cost of 

aerial photography thereby benefiting the greater public’s interest. Accordingly, the applicant requests 

that the FAA grant the requested exemption without delay. 

The following will be considered as the binding limitation on operations of Business Photos America Inc., 

1. Flights will only occur in the day time hours,  

2. Flights will be operated in the line of sight of the operator (PIC) and Observer, (VSO)  

3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by 

manufacturers recommendations,  

4. The UASs will weigh less than 55 lbs.,  

5. Flights will be operated at 400 feet AGL or less.  

6. Crew will be at a minimum of operator (PIC) and an observer and/or camera operator (VSO),  

7. Operator and crew will remain in contact during the flight operation,  

8. The UASs operator will perform a check of the flight area and make certain of the safety of all persons 

in the area,  

9. Consent will be obtained from all persons with in the video capabilities of the units to further reduce 

the chance of violating anyone’s privacy.  

10. All required FAA clearances, will be obtained and distances from airports strictly observed.  

11. All UASs will have the capability to return automatically to the operator in a safe manner with the 

auto return function checked and working.  

12. Flights will only operate in VFR conditions.  

13. UASs have a function on the control to tell operator the distance away from the operator and its 

battery power remaining.  

14. Flight team will communicate by voice and the use of two‐way radio if the area is too big to hear 

voice from all team members.  

15. UASs will be used to video private outings and functions, boating, kayaking and sporting events from 

a safe distance.  

16. When operating over or near water the UASs will be equipped with flotation devices so that 

recovery can be made as to prevent lithium battery exposure to the water table.  

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations Business 
Photos America Inc. UASs flights permits exception from Part 21 because they meet an equivalent level 

of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform 

Act. Both pieces of legislation permit the FAA to exempt UASs from airworthiness certificates in 

consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. Business Photos America Inc. meets or exceeds each of these elements. 

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for flights at or 

under 200 AGL to any UASs operator with a section 333 exemption. 

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations. These are 

inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by 

maintaining such certifications and registrations at Business Photos America Inc. operations center. 

14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by FAR’s this regulation is inapplicable. 

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft 

14 CFR 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 such certifications and registrations at Business Photos America Inc. operations 

center. 

The FAA has previously issued exemptions to this regulation in Exemptions No’s 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827. 

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. Business Photos America Inc. will 

only operate its UASs at or below 400AGL. They will be operated on a well‐defined AOR that has been 

carefully reviewed for hazards and minimizes the presence of any persons not essential for these 

operations. Flights will only be over private property with the owner’s permission and with all persons 

within this video area also giving their consent for this filming. Compared to flight operations of 

conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 

AGL with flammable fuel, UASs operations present a far smaller risk to the public. 

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service of aerial 

photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. 

Traditional aerial photography requires large aircraft with flammable fuel to fly in close proximity of 

populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery operated 

and fling below 400 feet AGL the risk of injury of people on the ground or the crew has been greatly 

reduced and almost eliminated. 

Granting Business Photos America Inc. the above exemption will allow for the expansion of UAS systems 

into the future for the safe conduct of free enterprise and the enjoyment of the masses. 

Business Photos America Inc. respectfully requests the FAA grant its exception without delay. The FAA 

has the authority to issue the exemption sought by Business Photos America Inc. pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958) as amended (the ACT). 
Thank you for your consideration. 

Sincerely, 

Frank Clark 

Business Photos America Inc. 

202 Mustang Court  

Gambrills, Maryland 21054 

(410) 320‐2352 

Frank@BusinessPhotosAmerica.com