Electronic Submission 

February 10, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to 

as FMRA) and 14 CFR Part 11, BKP Ventures, Inc. (herein referred to as BKP Ventures) hereby 

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow 

commercial operation of UAS for the acquisition of aerial data, so long as such operations are 

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

As detailed in this document and the attached Appendix of UAS, the requested exemption would 

permit the operation of UAS under controlled conditions in the United States. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s 

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the 

national airspace system.” Section 333(c) Reform Act.

The name and address of the applicant is:

BKP Ventures, Inc.

Brian K. Phillips

CEO 

2064 Herschel St

Unit 103

Jacksonville, FL 32204

Tel: 650-427-9610

Email: brian@bkpventures.com
Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b) 14 CFR 91.405(a) 

14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b) 

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act,

including UAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections §44702-44716 of this title if the

Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate 

in the national airspace system without creating a hazard to the user, the public, or a threat to 

national security. In making this determination, the Secretary must consider:

• The UAS’ size, weight, speed and operational capability;

• Whether the UAS operates within the visual line of sight of the operator;

• Whether the UAS operates outside of highly populated areas and away from close proximity to 

airports.

Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system.” Id. 333(c).

 

BACKGROUND ON BKP VENTURES

BKP Ventures is attempting to become one of the world’s leading aerial imagery and analysis 

companies. BKP Ventures provides on-demand, customizable solutions utilizing UAS to deliver 

specific, low risk, and cost effective actionable data to clients. BKP Ventures was founded 

specifically to help clients avoid the capital expense and operating risks of establishing their own 
drone programs and to purchase drone support in a way which better fits their operations and 

cost profiles.

BKP Ventures believes in a risk-based and technology agnostic approach to operations in the

national airspace. Approval for any operation should be based on an analysis of the specific risks 

associated with the fully integrated solution, rather than the individual components. 

The business model is predicated on identifying requirements, developing the business case, and 

demonstrating the Return on Investment (ROI) from UAS for enterprise clients in a number of 

industries. Drones as a Service is a custom integrated solution made up of seven different 

components.

UAS AND OPERATIONAL DESCRIPTION

BKP Ventures seeks to commercially operate a variety of UAS weighing less than 55 pounds

including payload in the United States for the purpose of acquiring aerial data. The Appendix 

attached to this exemption petition lists the aircraft that BKP Ventures contemplates operating. In

addition, BKP Ventures requests that it be granted permission to operate those aircraft already 

approved in previous Section 333 exemption petitions.

As the operator of these aircraft, BKP Ventures is committed to the following conditions and

limitations on its operations. BKP Ventures understands that failure to comply will be grounds

for the immediate suspension or rescission any exemption granted.

1. Operations are limited to the UAS listed in the Appendix and those UAS previously approved 

by the Secretary when weighing less than 55 pounds including payload. 

2. Operations for the purpose of closed-set motion picture and television filming are not 

contemplated. 

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour). In no 

case will the aircraft be operated at airspeeds greater than the maximum aircraft operating 

airspeed recommended by the aircraft manufacturer. 

4. The aircraft will be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in Command 

(PIC) at all times. This requires the PIC to be able to use human vision unaided by any device 

other than corrective lenses, as specified on the PIC’s U.S. driver’s license. 

6. All operations will utilize a visual observer (VO). The aircraft will be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times.
7. All operating documents needed to operate the UAS and will be accessible during UAS 

operations and made available to the Administrator upon request. The operator will also present 

updated and revised documents if it petitions for extension or amendment. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, will undergo a functional 

test flight prior to conducting further operations. 

9. BKP Ventures is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.

10. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in 

a condition for safe flight. 

11. BKP Ventures will follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

13. The PIC will hold a UAS flight training certificate, in some cases training directly from the 

aircraft manufacturer, and a valid U.S. driver’s license issued by a state, the District of

Columbia, Puerto Rico, a territory, a possession, or the Federal government. 

14. BKP Ventures will not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated to acquire 

aerial data, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be 

logged in a manner consistent with 14 CFR § 61.51(b). BKP Ventures will operate flights for the 

purposes of training BKP Ventures PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport’s management is obtained or otherwise 

permitted by a COA. 

17. The aircraft will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the aircraft will return to a predetermined location.
19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC will be prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power or fuel for the aircraft to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve power or 

fuel recommended by the manufacturer if greater. 

21. All operations shall be conducted in accordance with an ATO-issued COA if the blanket 

COA does not cover the intended operation.

22. All aircraft operated will be identified by serial number, registered in accordance with 14 

CFR part 47, and have identification!	(N-Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings will be as large as practicable. 

23. Documents used by BKP Ventures to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. 

24. The aircraft will remain clear and give way to all manned aviation operations and activities at 

all times.

25. The UAS may be operated by the PIC from a moving device or vehicle; however, specific 

requests will be made via subsequent COA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the 

aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made an assessment of the risk of operating 

closer to those objects and determined that it does not present an undue hazard. 

27. The PIC, VO, operator trainees or essential persons will not be considered nonparticipating 

persons under this exemption.

28. All operations conducted over private or controlled-access property will be conducted with 

the permission from the property owner/controller or authorized representative. Permission from 

property owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 
Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov. 

 

DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates 

as required by FAR §91.203(a)(1). Given the size and limited operating area associated with the 

aircraft to be utilized by BKP Ventures, 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 USC §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 operating 

with an airworthiness certificate without the restrictions and conditions proposed. 

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light sport

category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, 

“restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance to a cabin, 

cockpit or pilot station. Even though the UAS will have no airworthiness certificate, an 

exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station 

on which the word “Experimental” can be placed. Given the size of the UAS, 2 inch lettering 

may be impossible. BKP Ventures will mark the UAS as practicable.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the pilot operating the aircraft to have completed a UAS 

flight-training course. Unlike a conventional aircraft that carries the pilot and passengers, the 

UAS is remotely controlled. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. The risks associated with the operation of the UAS are so 

diminished from the level of risk associated with commercial operations contemplated by Part 61 

when drafted, that allowing operations of the UAS as requested exceeds the present level of

safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft BKP Ventures

contemplates operating, should this exemption be granted, no FAA regulatory standard will exist 
for determining airworthiness. Given the size of the aircraft and the operational restrictions put 

on the aircraft, an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

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 Operating Manuals at the ground control point where the pilot flying the UAS will have 

immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the 

safety of flight. An exemption is needed from this requirement, as the pilot will take separate 

preflight actions, including checking for weather conditions, checking flight battery or fuel 

requirements, checking takeoff and landing distances, and all other actions in the Operating 

Manual and safety checklists. These actions will provide an equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 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. By design, UAS do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box 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, the ability to control the UAS via radio signals from the 

controller and by the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will never 

operate at altitude higher than 400 AGL and all operations will occur during daylight hours 

under Visual Meteorological Conditions (VMC) only.

The equivalent level of safety will be achieved given the size, weight and 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. Because advance notice to the property owner and any onsite personnel, as well 

as the precautions outlined below, all affected individuals will be aware of the planned flight 

operations.

Flight operations will be conducted at least 500 feet from all non-participating persons (persons 

other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, 

unless operations do not present an undue hazard.
The UAS will remain within visual line of sight of the PIC or VO. Flight operations will be 

conducted at least 5 miles from an airport. The PIC or VO will provide notification to the local 

Flight Standards District Office and airport controller of all operations within 5 miles of an 

airport. The FAA will have advance notice of all operations through the filing of notices-toairmen. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS

proposed herein, any risk associated with our operations is far less than those presently presented 

with helicopters and other conventional aircraft operating at or below 500 feet 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.

14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the 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 UAS may 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 PIC confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Relief 

from Section 91.151(a)(1) is requested to the extent required to allow flights of a variety of UAS 

during daylight hours in visual flight rules (VFR) conditions to continue until 90 percent of 

remaining battery power or fuel reserves remain. BKP Ventures seeks the requested relief 

because without an exemption from Section 91.151(a)(1), the flight time duration of the selected 

aircraft will be reduced and severely constrain the practicality of any aerial acquisition of data 

that BKP Ventures proposes to conduct pursuant to this Petition.

The technical specifications of the proposed UAS, their Operations Manuals, and BKP Ventures’

proposed operating limitations, ensure that BKP Ventures will safely operate the selected aircraft 

during daylight hours in VFR conditions until 90 percent of remaining battery power or fuel 

reserves remain.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot.

Therefore, there is no ability or place to carry certification and registration documents or to 

display them on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance 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, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to BKP Ventures. Maintenance will be accomplished pursuant to 

the User Guide or Operating Manual. An equivalent level of safety will be achieved because 

these UASs are limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The PIC will ensure that the UAS is in working 

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

performed. Moreover, the PIC 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.

PUBLIC INTEREST 

Approval of exemptions allowing commercial operations of UASs for aerial acquisition of data 

enhances safety while reducing risk. Manned aircraft in certain application such as pipeline 

monitoring create a greater risk because the aircraft are much larger and carry an onboard human 

pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights. In addition, 

additional streams of aerial data will allow large commercial entities to make decisions about 

how to best deploy ground resources and ensure the safety and cost-effectiveness of their 

operations.

EQUIVALENT LEVEL OF SAFETY

BKP Ventures proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate within the limitations listed herein. These limitations provide for 

at least an equivalent or even higher level of safety to operations under the current and proposed 

regulatory structure.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Images or video taken of individuals will have consented to being 

filmed or otherwise they will be made anonymous. 

NATIONAL SECURITY

Given the small size of the UAS involved and the restricted environment within which they will 

operate, our petition presents no national security issue.

FEDERAL REGISTER SUMMARY
Docket No.: No. FAA-2016-____ 

Petitioner: BKP Ventures, Inc.

Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of 

the Federal Regulations (14 CFR).

Description of Relief Sought: BKP Ventures is seeking an exemption to conduct commercial

acquisition of aerial data using unmanned aircraft systems.

Based upon the foregoing, BKP Ventures requests that the FAA grant it the necessary

exemptions under Section 333 of the FAA Reform Act as requested herein to allow for 

commercial operations of UAS within the United States. 

Sincerely,

//SIGNED//

BKP Ventures, Inc.

Brian K. Phillips

CEO

2064 Herschel St

Unit 103

Jacksonville, FL 32204

Tel: 650-427-9610 

Email: brian@bkpventures.com