September 2, 2015

Davey Bickford USA Inc. 

Attn: Kameron Ray

1300 Pennsylvania St. Suite 210

Denver, CO 80203

+1 (505) 918-0444

kray@daveybickford.us

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Petition of Davey Bickford USA Inc. for Exemption Pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012

To Whom It May Concern:

Section 333 grants the Secretary of Transportation the authority to authorize an exemption from certain 

Federal Aviation Regulations (FARs). This letter is a request for exemption from the FARs identified 

below by Davey Bickford USA Inc. The purpose of the exemption is to allow qualified Davey Bickford USA 

Inc. (now referred to as DBUSA) to perform commercial operations of small unmanned aerial systems 

(UAS).

Davey Bickford USA Inc. seeks to operate a DJI Phantom 3 Professional series UAS for the purpose of 

data capture, videography and photogrammetry at active mining, quarrying, construction, and 

demolition operations. 

The Pilot in Command (PIC) of UAS operations conducted under this exemption shall be a DBUSA 

employee who holds either an airline transport, commercial, private, recreational, or sport pilot 

certificate. The PIC will also hold a current FAA airman medical certificate or valid US driver’s license. 
Further detail of the UAS type and operation guidelines, regulations from which DUBSA seeks an 

exemption, and benefit of public interest are detailed below.

Unmanned Aerial System Type and Operation

DBUSA will fly the DJI Phantom 3 Professional. All operations will be within the parameters specified in 

the Phantom 3 Professional users’ manual (attached). The UAS shall be registered in accordance with 14 

CFR part 47 and will have N-Number markings as large as practicable. Maintenance and repair of the 

aircraft will be in accordance with the manufacturer’s recommendations (Manufacturer’s Safety 

Guidelines Attached). The UAS remote control operates between 2.400 GHz and 2.483 GHz and both the 

UAS and the controller comply with part 15 of the FCC rules.

All UAS operations will be conducted during daytime visual flight rules (VFR) and in visual meteorological

conditions (VMC). Operations will not take place outside of the specified operating temperature range 

specified in the UAS manual. Operations will not take place if wind speed is above that in which the UAS 

is designed to fly. Operations will be limited to areas greater than 5 nautical miles from an airport 

reference point (ARP) as denoted in the most recent FAA Airport Facility Directory (AFD).

Prior to launch, the PIC will perform a pre-flight check of the UAS. These checks include but are not 

limited to:

 Ensure remote control, flight battery, and flight tablet are fully charged

 Propellers are in good condition, properly and securely mounted

 UAS is free of visible damage and appears to be structurally sound to fly

 UAS registration numbers are clearly visible 

 Compass is calibrated

 Motors start and function normally

 Compass is calibrated

 DJI GO app is successfully connected to the UAS.

Should any of the items in the check list be out of place, the PIC must correct the issue before 

commencing operations. If the issue is not correctable, the UAS may not fly.

The UAS will be operated by two individuals: one Pilot in Command (PIC) and one Visual Observer (VO). 

The PIC will be in charge of all flight operations and must keep a visual line of site (VLOS) with the UAS 

and the VO. The PIC will always be a DBUSA employee and be qualified as outlined in the opening of this 

request. The Visual Observer will also remain within VLOS of the UAS. The purpose of the VO is to 

provide redundant visual contact with the UAS. The VO shall be designated by the PIC at the time of UAS 

operation. The PIC and the VO are strictly prohibited from using mobile electronic devices, except for 

the mine radio, that aren’t directly necessary for the operation of the UAS. Text messaging and cellular 

telephone use is strictly prohibited. The VO may use the mine radio to communicate with mine 

operations. The PIC and VO will be on stationary ground, outside of any vehicles, buildings, or overhangs 

which might restrict a 360 degree field of vision. 

The UAS launch and retrieval site must be located in an area where the PIC and VO will be safe before, 

during, and after flight. At the launch and retrieval site, the following documents shall be readily 

available to the PIC and to any requesting authority: UAS operation manual, FAA 333 Exemption Letter, 
UAS FCC Compliance Documents, and PIC airman certificate and medical certificate and/or valid US 

Drivers’ License. 

During flight operations, the flight area will be cleared of all personnel. The UAS will not fly until there is 

a path from the launch and retrieval area to the area where the UAS will operate that is free of any 

personnel. The UAS will return to the launch and retrieval site before the area is cleared for personnel to 

re-enter. The PIC will be responsible to ensure that all personnel are aware of this restriction and the VO 

will communicate with mine personnel via mine radio when the UAS has completed its flight. 

Requested Exemptions

In Table 1 below, DBUSA lists regulations it seeks exemption from and provides justification for those 

exemptions. 

FAR SUBJECT JUSTIFICATION

14 CFR 21(H) Airworthiness Certification Not applicable to UAS under 55 lbs

14 CFR 61.113(A) Private Pilot for compensation Any airman certificate mentioned above 

provides sufficient knowledge for nonpassenger UAS operation

14 CFR 91.105 (2) Crew member station safety 

belts

Crewmember safety belts not applicable for 

UAS operation.

14 CFR 91.109 

(A)

Dual Controls for Flight 

Instruction

Flight instruction needs are minimal. If control 

takeover is required, remote and/or tablet can 

be easily passed to instructor. 

14 CFR 91.119(C) Minimum Safe Altitudes To provide adequate separation from manned 

aircraft, UAS operation should operate at lower 

altitudes. 

14 CFR 91.121 Altimeter Settings UAS does not have an altimeter which may be 

set to local altimeter setting 

14 CFR 91.151 Fuel requirements Not applicable for close proximity, light UAS 

operation.

14 CFR 91.405 Aircraft Maintenance Maintenance of UAS in accordance with 

operator manual is sufficient for un-manned 

operation

14 CFR 91.407 Operation After Maintenance Not necessary for safe UAS operation.

14 CFR 91.409 Annual Inspection Inspections and necessary maintenance can be 

performed by PIC based on UAS manufacturer 

operations manual.

14 CFR 91.417 Maintenance Records Maintenance records not necessary for safe 

UAS operation. Operator will follow 

manufacturer’s maintenance 

recommendations.

Privacy

All flights will occur over controlled access of private property with prior property owners consent. 

Consent will be secured in any situation where privacy could become a concern.
Public Interest/Safety

The environmental impacts of mining operations, including NOx emissions, vibration, and unintended 

flyrock, are a potential hazards to the public. DBUSA engineers are committed to continuing to work to 

improve practices to limit, reduce, or eliminate unnecessary environmental side-effects of mining to 

decrease public impact. Collecting data captured from the vantage point of a UAS can help expand upon 

the industry knowledge of how to reduce the impact on the public from mine operations. 

UAS flights conducted by DBUSA for commercial purposes will be in areas where mining, quarrying, 

construction or demolition is taking place. By definition, these areas are closed to the public for safety 

purposes. Therefore, the operation of a UAS will not place the public on the ground of any danger 

should the system malfunction. The unit operates below the 500 foot minimum safe operating altitude 

of general aviation aircraft, so no danger exists to the public who may be flying in the vicinity of DBUSA’s 

UAS operations. 

Respectfully Submitted, 

Kameron Ray