January 9th, 2016

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Petition for Exemption under Section 333 of the FAA Modernization and Reform 

Act 

Of 2012 

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption 

under section 333 of the FAA Modernization and Reform Act of 2012, I, Kenneth 

Barnhart, referred to as the petitioner, kindly request exemption from the 

following sections of Title 14, Code of Federal Regulations listed below in 

section II of this document.

Section I. 

Petitioner Contact Information 

Kenneth Barnhart

4875 14th Rd

Bourbon, Indian 46504

Cell: (574) 361-2011

Email: kbrnhart@gmail.com 

Section II. 

The specific Sections of Title 14 CFR that Kenneth Barnhart wishes to seek 

exemption: 
14 C.F.R Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9(b)(2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203(a) and (b) 

14 C.F.R. 91.215 

14 C.F.R. 91.104 through 91.417 

Section III. 

Extent of relief and reasons Kenneth Barnhart is requesting relief from existing 

regulations. 

I, Kenneth Barnhart, am requesting relief from the aforementioned Title 14 CFR 

regulations so that I may engage commercial operation of Small Unmanned Aircraft 

Systems (sUASs) for operations conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by 
Section 333. This exemption would permit the operation of sUASs under controlled 

conditions in limited, predetermined and controlled airspace. Upon granting of 

this proposed exemption request, I Kenneth Barnhart would conduct commercial

operations of sUASs meeting or exceeding all operational and safety 

requirements per Section 333. 

Section IV 

How this Exemption Request will benefit the Public as a whole. 

1. Project and construction management, inspections and monitoring. The use of 

sUASs on construction sites may improve the safety of workers, local residents 

and general public by assessing potential dangerous situations. Falls and 

injuries may be reduced or eliminated through a more thorough review of 

the construction sites. In some cases, sUASs may reduce the reliance of 

helicopters or small aircraft to monitor said sites. This may improve safety as 

well as reduce environmental impact by reducing energy usage; 

2. Environmental Review projects. The use of sUASs during the process of 

reviewing projects as required by 24 C.F.R. 50.4, 58.5 and 58.6 would provide a 

more in-depth Environmental Review of the project site as well as surrounding 

areas. Reliance of helicopters or small aircraft may be eliminated; 

3. Aerial surveying. The use of sUASs in connection with aerial surveying of 

smaller areas may eliminate the use of helicopters or aircraft. This could 

provide a more cost effective, safer and more energy efficient product; 

4. Agricultural projects. Wildlife and Forestry projects. The use of sUASs could 

assist with surveying agricultural projects as well as wildlife and forestry 

projects by providing information when problems occur, vermin infestation, fire 

hazards, etc.; 

5. Remote Sensing projects. The use of sUASs could provide views and information 

for remote and inaccessible areas. This could promote worker safety as well as 

reduce the reliance on helicopters and aircraft; U. S. Department of 

Transportation Docket Management System April 20, 2015 Page Three 

6. Educational and Research projects. The use of sUASs could provide information 

for said projects in a more cost effective and efficient manner than other 

available options; 

7. Aerial filmmaking, photography 

and real estate purposes. The use of sUASs may provide a point of view 

previously unavailable through other means. They would be more cost effective, 

efficient and more safely than helicopters and aircraft; and 

8. Search and rescue. The use of sUASs may provide assistance to local law 

organizations during search and rescue missions. SUASs may reach areas 

unattainable or viewable with helicopters and aircraft. SUASs may be implemented 

quicker as time is of the essence during search and rescue operations. 
Section V 

Reasons why an exemption will not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to the existing rule. 

Proposed operations using sUASs provide increased safety enhancement especially 

when compared with helicopters and aircraft for the following reasons: 

1. The sUASs will weigh less than ten (10) pounds; 

2. Flights will be operated within the visual line of sight of the pilot; 

3. Maximum total flight time for each operational flight will be thirty (30) 

minutes. Flight times may be less than thirty (30) minutes as the UAS will 

continuously monitor battery reserve and return to the ground station with at 

least 20% battery power reserved; 

4. Flights will be operated at an altitude of 250 feet AGL. Flights will never 

exceed 400 feet AGL; 

5. Minimum crew for each operation will consist of the sUAS pilot and a Visual 

Observer; 

6. A briefing will be conducted daily by all personnel working with said sUAS; 

7. Written and/or oral permission from relative property owners will be obtained 

prior to operating the sUAS; 

8. All permits, permissions, etc. will be obtained from local government offices 

as required; 

9. The sUAS operated will weigh less than 55 pounds including payload (camera, 

lens, gimbal, etc.); and 

10. The sUAS will operate at speeds less than 50 knots, hover and simultaneously 

move vertically and horizontally; 

11. The sUAS will have the capability to return and land at the pre-determined 

location with the Security Perimeter should the sUAS lose communication or GPS 

signal during any operations;

12. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies; 

13. Operations will not be conducted over densely populated areas or heavily 

traffic highways;
Section VI 

DJI Phantom 3 Specifications

Dimensions: 203x330x457 mm 

Weight: 1280g / 2.8lb 

Intelligent Flight Battery: 4480mAh 23min Flight time

Max Flight Speed: 16m/s or 35.7mph

Operating Frequency: GHz; 2.400~2.483 GHz

Key Features:

Live real-time flight data Intelligent Orientation Control (IOC), GPS, and 

Return to home fail safe

Self-tightening locking Propellers

DJI Vision Positioning System for improved safety

Dynamic home point orientation

Intergraded No Fly Zones prevents inadvertently entering protected air space

Intelligent Flight Battery includes capacity data, over charge/discharge 

protection, maintenance data. 
Section VII. 

Additional Information, Views, or Arguments. 

Personal Statement 

I am an instrument rated private pilot and am also actively engaged in grain 

crop farming. I am seeking to provide services providing aerial imagery for 

purposes of mapping, surveying and inspection mainly to my own and neighboring 

farming operations. The system I plan to utilize is the DJI Phantom 3. This 

system does not exceed the weight of 55 pounds. Further information regarding 

this system is located within this document.

Section VIII. 

Exemption outside the United States. 

I have no intention to operate a sUAS outside the United States. 

To the Director and Administration of the Federal Aviation Administration, I 

hereby submit this 

Petition for Exemption, dated January 9, 2016

Respectfully, 

Kenneth Barnhart