February 12, 2016

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

Washington, DC 20590

RE: 

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 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) (2);91.417 (a) & 

(b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, bc creative, website developer, marketing company, and operator of Small Unmanned 

Aircraft System (“sUAS”) equipped to conduct aerial photography and video for it’s clients, hereby

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

operation of its sUAS, 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 requested exemption would permit the operation of small, unmanned and relatively inexpensive 

sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to 

access. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

bc creative, llc

Attn: Mike Swan

Ph: 925.283.9001. Ext. 202

Email: mike@bc-creative.com

Address: 3400 Mt. Diablo Blvd., Suite 200, Lafayette, CA 94549

FAA Private Pilot Certificate 548886756

UAS Certificate Number FA3LFNC7C3

California (HQ)

3400 Mt. Diablo Blvd., Suite 200

Lafayette, CA 94549

Ph 925-283-9001 x 202 (mike)

Fx 925-283-9002
February 12, 2016 Page 2

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 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) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

• The sUAS’s size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated areas; and 

• Operation of the sUAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “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) (emphasis added). 

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

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

that includes UASs, 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 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1).
February 12, 2016 Page 3

bc creative, llc’s sUAS is a rotorcraft, weighting 55 or fewer lbs. including payload. It operates, under 

normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the 

vertical and horizontal plane simultaneously. It will operate only in line of sight and will operate only 

within guidelines of FAA regulations. Such operations will insure that the sUAS will “not create a hazard 

to users of the national airspace system or the public.”

Given the small size of the sUAS involved and the environment within which it will operate, the applicant 

falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that

the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also 

due to the size of the sUAS and the restricted areas in which the relevant sUAS will operate, approval of 

the application presents no national security issue. Given the clear direction in Section 333 of the Reform 

Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein.

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be terminated at 

 25% battery power reserve should that occur prior to the 25 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. UAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class 

 medical 

6. A briefing will be conducted in regard to the planned UAS operations prior to each day’s operation.

7. The operator will obtain the consent of all persons involved in the operation and ensure that only 

 consenting persons will be allowed within 100 feet of the flight operation. 

8. The operator will have been trained in operation of UAS generally and received up-to-date 

 information on the particular UAS to be operated.

9. Written and/or oral permission from the relevant property holders will be obtained. 

10. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, 

 including local law enforcement, fire, or other appropriate governmental agencies. 

11. The UAS runs at a frequency of 2.4GHz with DJI Enhanced Spread Spectrum 

 Technology

12. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a 

 pre-determined location within the Security Perimeter and land. 
February 12, 2016 Page 4

Privacy 

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

knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed 

to be in the area where filming will take place 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant.

Below are photographs of UAS owned and operated by bc creative, llc.

Sincerely,

Mike Swan

bc creative, llc