1



# Federal Aviation Administration Exemption
Petition for Exemption under Section 333

FAA Modernization and Reform Act of 2012

Public 112

- 95 Feb. 14, 2012, Section 333 Submitted by: R ichard (Dick) Barr Dick Barr Group, Inc

Date: 10/19 /2015

Dear Sir or Madam:

Attache d please find Dick Barr, of Dick Barr Group, Inc’s request for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("UAS") for aerial photography for realty advertisements.

This exe mption request is exclusively for the use of the UAS manufactured by Horizon Hobby, and by 3DR, Solo.

Also please find the link to the Horizon Hobby Blade 350QX3 UAS Manual which outlines the operating requirements, limitations, and technical specificati ons for their
system.

https://www.horizonhobby.com/pdf/BLH8100

- Manual

- EN.pdf

Additionally, please find the link to the 3DR Solo UAS Manual which outlines the operating requirements, limitations, and technical specifications for their system.

https://3drobotics.com/wp

- content/uploads/2015/09/v6_09_22_15.pdf

I have reviewed both Manuals and in conjunct ion with the requirements outlined in this document I have found it to be acceptable for UAS operations.

Thank you for your time and consideration, and please let me know if you have any questions.

Sincerely,

Dick Barr Dick Barr Group, Inc2



## Contents

Contact Information

................................ ................................ ................................ ................................ ...... 4

Mission Statement

................................ ................................ ................................ ................................ ........ 4

Intended UAS Use

................................ ................................ ................................ ................................ ......... 4

I. STATUTORY AUTHORITY FOR EXEMPTIONS

................................ ................................ ........................... 6

II. PUBLIC INTEREST

................................ ................................ ................................ ................................ ... 7

III. EQUIVALENT LEVEL OF SAFETY

................................ ................................ ................................ ............ 8

IV. DESCRIPTION OF SPECIFIC REGULATIONS

................................ ................................ ........................... 9

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)

................................ .... 9

14 C.F.R. 45.23(b): Marking of the Aircraft

................................ ................................ ........................... 9

14 CFR 61 .113 (a) & (b): Private pilot privileges and limitations: Pilot in command

.......................... 10

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

................................ ................................ ..................... 10

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

......................... 10

14 C.F.R. 91.103: Preflight Action

................................ ................................ ................................ ....... 10

14 C.F.R. 91.109: Flight Instruction

................................ ................................ ................................ ..... 10

14 C.F. R. 91.119 : Minimum Safe Altitudes

................................ ................................ ........................ 11

14 C.F.R. 91.121: Altimeter Settings

................................ ................................ ................................ ... 11

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

................................ ..................... 11

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

............ 12

14 CFR 91.405 (a); 407 (a)( 1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

............................ 12

Intended Equipment for Exemption

................................ ................................ ................................ ........... 13

Maintenance

................................ ................................ ................................ ................................ ............... 13

Inspection

................................ ................................ ................................ ................................ ................ 13

Maintenance

................................ ................................ ................................ ................................ ........... 14

Replacement Parts

................................ ................................ ................................ ................................ .. 14

Safety Concerns

................................ ................................ ................................ ................................ .......... 14

Haz ards Spotter

................................ ................................ ................................ ................................ ....... 14

Population of Intended Areas

................................ ................................ ................................ ................. 14

Airports

................................ ................................ ................................ ................................ ................... 14

Weather

................................ ................................ ................................ ................................ .................. 14

Return

- to

- Home Feature

................................ ................................ ................................ ........................ 14

Flying in C onfined Areas

................................ ................................ ................................ .......................... 14

Line of Site:

................................ ................................ ................................ ................................ .............. 143

Height

................................ ................................ ................................ ................................ ...................... 14

Potential Hazards

................................ ................................ ................................ ................................ ........ 15

Privacy Concerns

................................ ................................ ................................ ................................ ......... 15

Operation al Conditions

................................ ................................ ................................ ............................... 15

Pilot Qualifications

................................ ................................ ................................ ................................ ...... 15

Pre

- Flight Checklist

................................ ................................ ................................ ................................ ..... 16

Active Flight Operations

................................ ................................ ................................ .............................. 16

Additional Resources

................................ ................................ ................................ ................................ .. 16

Exhibit A

................................ ................................ ................................ ................................ ...................... 17

Pre

- Flight Checklist

................................ ................................ ................................ ................................ . 17

Exhibit B

................................ ................................ ................................ ................................ ...................... 18

RE: Authorization to Record Video & Photograph Property

................................ ................................ ... 18

Exhibit C

................................ ................................ ................................ ................................ ...................... 19

UAS Training Notes

................................ ................................ ................................ ................................ . 194



## Contact Information
Exemption Applicant

Dick Barr Dick Barr Group, Inc

Office 847

- 579

- 9736 , Cell 847

- 644

- 1154
DB@DBGREC.COM 291 W Country Walk Drive
Round Lake Beach, IL 60073

Mission Statement

Capture aerial views of Real Estate to provide Pro perty Owners a unique way to showcase their homes as well as provide potential buyers with a unique way to investigate homes and areas they are interested in purchasing.



## Intended UAS Use

To record video and capture pictures of client's homes/properties f or the use in real estate marketing materials, property development, property investigation and documentation by the use of light weight UASs in the following areas of commerce:

- Realty

- Selling properties, enhancing advertising campaigns, and increasin g production of marketing materials. Evaluating property value by documenting assets and deficits especially in hard to access areas as an alternate to conventional large, heavy, combustible fuel bearing and manned vehicles are currently used.

- Property i nspections

- Especially roofing inspections, especially tile roofs, are susceptible to added damage from an investigator walking on the roof to complete his initial inspection. A UAS could do the work and record the inspection findings without the probabil ity of additional roof damage or personnel injury from falls. This service would be valuable to companies like: Roofing contractors, Insurance adjusters, property owners,

renters, etc.

- Construction defect investigations

- Site investigation and findings s pecifically for building exteriors would be greatly enhanced by the use of a UAS. It can be very expensive to safely find and document exterior construction defects on multiple story building, a UAS could inspect, find and record information that would be otherwise only be accessible by ladders or scaffolding. Also A UAS would be a much safer way to do this type of high and/or difficult access investigation.

- Site investigation

- Such as steep hillside or bluff. Recording the visual condition of existing hil lsides or bluffs that would otherwise be very difficult to access and record. It would also be less intrusive to environmentally sensitive areas.

- Site development

- Creating high resolution scalable overhead photography of a property would be valuable to engineers, architects, designers and landscape architects in evaluating the best use for developing a property and the potential effects that such development might have. Development of existing properties for remodeling or renovation especially commercial building where equipment is located on the roof would also benefit from HD photos that document the equipment and its location. Currently Google Maps are useful for such endeavors but only with a very low resolution overhead photo of such properties.5

- Ther e are many other areas that a UAS would be a safer, accurate and less expensive

alternative to current commercial services but Dick Barr Group, Inc would be specifically

interested in the areas mentioned above.6

Specific Section of 14 CFR



### Seeking specifi c exemption from: 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, Dick Barr Group, Inc , a vi deography firm, hereby applies fo r an exemption from the listed Federal Aviation Regulation s ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("UAS") aerial imaging for safety, monitoring, inspecting and/or recording of secured and controlled environment sites

, proposed development sites, inspections of property and photography for realty advertisements, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the F AA as required by Section 333.

As d etailed in this document and the link s to Flight Manual, the requested exemption would permit the operation of UAS under controlled conditions in airspace that is 1 ) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhance men ts to the already best practices safety protocols followed by Dick Barr Group, Inc at each one of its project sites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibil ities 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: Dick Barr Group, Inc

PH: 847

- 644

- 1154

E

- Mail: DB@DBGREC.C OM

Address: 291 W Country Walk Drive
Round Lake Beach, IL 60073

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 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 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 6



### I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exemp ting civil aircraft, as the term is defined under §40101 of the Act,7

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

certificate.

The Administrator may grant an exemption from a requirement of a regulation pr escribed 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).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to National security. In making this determination, the Secretary mus t consider: • The UAS's 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 ope ration of such

aircraft in the national airspace system." 

### Id. §333(c).

Dick Barr Gr oup, Inc ' UASs are multi

- rotor vehicles, weighting 15 or fewer lbs. including payload. They operate 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. The UAS will operate only in the pilot's visual line of sight at all times and will operate only within the

recommendations described in the HORIZON HOBBY and 3DR Flight Manuals, Such operations will insure that the UAS will "not create a hazard to users o f the national airspace system or the public." Reform Act Section 333 (b).

Given the small size of the UAS involved and the restricted and sterile environment within which they will operate, our application falls squarely within the zone of safety (an eq uivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations o f UAS to commence immediately. Also due to the small size of the UASs and the

low altitudes and restrict ed areas in which our UAS will oper ate, 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 propo sed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Dick Barr Group, Inc respectfully requests that the FAA grant the requested exemption without delay

.



### II. 

### PUBLIC INTEREST

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 sys tems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety precautions in low risk environments.

The use of UAS on a construction or inspection site can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring site progress. UAS can inspect, photograph, and collect data on hard to get to areas that o therwise would require worker inspection. Falls8

are the leading s ource of workplace fatality and injury on construction sites', and reducing falls

th rough UAS use for site imaging could save workers lives.

The UAS we propose to fly in this application ar e under five pounds, and carry no com bustible material on board, as opposed to the much larger conventionally powered small aircraft. Sh ifting to UAS from helicopters presents a marked safety increase for our workers and the public.

Lastly, UAS reduce th e environmental impact by dramatically decreasing the energy used for

aerial imaging and data collection over a construction site. Our UAS use recharge able lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are man y hundreds of times heavier.



### III. 

### EQUIVALENT LEVEL OF SAFETY

Dick Barr Group, Inc proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations

p rovide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed

.

Please see "Commonly Used Statist ics", Occupational Safety & Health Administration. Available at: https://www.osha.gov/oshstats/commonstats.html

Dick Barr Group, Inc will be bound by the following limitations when conducting its UAS operations under an FAA issued exemption:



### 1. The UA S will be less than 15 pounds.



### 2. Flights will be operated within visual line of sight of a pilot.



### 3. Maximum total flight time for each operational flight will be 30 minut es. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 30 minute limit.



### 4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.



### 5. Crew for each operation will consist of the UAS pilot who will k eep the UAS within his visual

line of sight at all times and a spotter.


### 6. The UAS pilot will be trained in flight, operations, and safety procedure s as detailed in this

document and as detailed in the HORIZON HOBBY and 3DR Manuals.



### 7. The UAS will only operate within a confined areas as defined in th is document. This

document and the HORIZON HOBBY and 3DR Manuals also requires the establishment of a Security Perimeter for the flight operations area.



### 8. A briefing will be conducted in regard to the plann ed UAS operations prior to each day's production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.


### 9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation.


### 10. The pilot will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS to be operated as required by this document.



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



### 12. All required permissions and permits will be obtained from terr itorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.9



### 13. If the UAS loses communications or loses its GPS signal, it will have capability to return to a predetermined location within the Securit y Perimeter and land.



### IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)
Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airwo rthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by Dick Barr Group, Inc , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of sa fety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.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. Our small UAS will be operated at low speed in a controlled environment, at least five miles from an airport and

more than three miles from a ny city or densely populated area.

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 l east as safe, or safer, than a conventio nal aircraft (fixed wing or helicopter) operating with an

airwort hiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 15 lbs. fully loaded, carries neither a pilot nor passenger, carries no expl osive materials or flammable liquid fuels, and operates exclusively within a

secured area as set out in this document and the HORIZON HOBBY manual . Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to this document and the HORIZON HOBBY Manual's requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is currently done on active construction s ites. These safety enhancements, which already apply to civil aircraft operated in connection with construction sites, provide a greater degree of safety to the public and property owners than conventional operations

conducted with airworthiness certificat es issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive mate rials or flammable liquid fuels, and ability to carry an external load no greater

than two lbs.

14 C.F.R. 45.23(b): Marking of the Aircraft
This regulation requires certain experimental, provisionally certificated air craft, or light

- sport category aircr aft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

- sport," "experimental," or "provisional," near each entrance to a cab in, cockpit, or pilot station.

Even though the UAS will have no airworthiness certificat e, an exemp tion 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, two

- inch lettering will be impossible. The word "Experimental" will be placed o n the fuselage in compliance with 

### §45.29 (f).

The equivalent level of safety will be provided by having the UAS mark ed on its fuselage as required by 

### §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.10

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

f light training course of 10 hours before flying a UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in this document. 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 allow ing operations of the UAS as requested with a pilot who has met the minimum requirements of this document exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness
The regulation requir es 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, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness

. Given the size of the aircraft and the requirements contained in the HORIZON HOBBY Manual

for maintenance and use of s afety checklists prior to each flight, as set forth in this document, 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 o r capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following e xemptions to this re gulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

### 9565, 9565B, 10167, 10167A, 10602, 32827,

and 10700.

14 C.F.R. 91.103: Preflight Action
This regulation requires each pilot in command take certain actions before flight to ensu re the safety of flight. An exemption is needed from this requirement as the pilot will ta ke separate preflight actions, including checking for weather conditions, checking flight battery requ irements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in this

document and the HORIZON HOBBY Manual. These actions will provide an equivalent level of safety.

14 C.F.R. 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 and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the u se of a control box that communicates with the aircraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level

of sa fety provided by th e fact that neither a pilot nor passengers will be carried in the aircraft,1 1

the abilit y to control the UAS via radio signals from the controller, and by the size and speed of

the aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establi shes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multi

- rotor craft that flies similarly to a helicopter, with vertical take off and vertical landing, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations.

The UAS wi ll never operate at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where buildings and people will not be exposed to operati ons without their

pre

- obtained consent. The equivalent level of safety will be achieved give n the size, weight, 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 or local officials. Because of the advance notice to the property owner and any onsite personnel as outl ined in the Manual, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 15 lbs. proposed herein and carrying flammable fuel, any risk associa ted with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 AGL in the construction industry. In addition, the low

- altitude operations of the UAS will ensure separation betwe en these small

- UAS operations and the operations of conventional aircraft that must comply with

Section 91.119.

14 C.F.R. 91.121: Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by

reference t o 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 eq uivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, 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. Our UAS is limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a).

The battery powering the UAS provides approximately 

### 18 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to 0 minutes in length. Given the limitations on t he UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Dick Barr Group, Inc believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

### 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted.12

An equivalent level of safety can be achieved by limiting flights to 18 minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating ar ea. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.



### 14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration The regulation provides in part: (a) Except as provided in § 91.715, no person may operate a civil aircra ft unless it has within it

the following: (1) An appropriate and current airworthiness certificate.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 15 lbs and is operated witho ut an onboard pilot.

T herefore there is no ability or place to carry certification and registration docum ents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground flight control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 

### 9565, 9665, 9789, 9789A, 9797, 9797A, 9816 A, and 10700.

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 h ave that aircraft inspected as prescribed in subpart E of this part and shall between re quired insp ections, 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 aircra ft in compliance with Part 43. Given

that these section and Pa rt 43 apply only to aircraft with an ai rworthiness certificate, these sections will not apply to Dick Barr Group, Inc . Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in this Document

and the HORIZON HOBBY Manual. An equivalent level of safety will be achieved because these small UASs are very 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 c an land immediately and will be operating from no higher than 400 feet AGL. As provided in the

HORIZON HOBBY and 3DR Manuals and this document , the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintena nce, and keep a log of any maintenance performed. Moreover, the operator 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.13 ******* 

## Summary

*******

Pursuant to 14 C.F .R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

### 45.23(b);14 C.F.R. § § 6 1.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) t o operate commercially a

small unmanned vehicle (551bs or less) in cons truction operations.

Approval of exemptions allowing commercial operations of UASs in the construction industry

enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have c ombustible fuel, and carry an onboa rd human pilot. In contrast, a UAS weighing fewer than 15 lbs. and powered by batteries eliminates

virt ually all of that risk given the reduced mass and lack of combustible fuel carried o n board. The UAS will carry no pas sengers or crew and, therefore, will not expose them to th e risks

associated with manned aircraft flights.

The operation of small UASs, weighting less than 15 lbs., cond ucted in the strict conditions outlined above, will provide an equivalent level of sa fety supporti ng the grant of the exemptions requested herein, including exempting the applicant from t he requirements of Part 21 and allowing commercial operations. These lightweight aircraft operat e at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safe r than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.



## Intended Equipment for Exemption

Aircraft(s):

1. Horizon Hobby Blade QX350 (camera incl uded) 2. 3DR Solo (uses GoPro Cameras) Radio Frequency: 2.4GHz ISM Radio Sensitivity:

- 97dBm Manufactures Website(s): http://www.HorizonHobby .com/ http://www.3dr.com/ 3DR Solo Cameras: GoPro Hero, and GoPro Hero 4

Manufac tures Website: http://gopro.com



## Ma intenance

To ensure safe operational control a maintenance schedule will be followed, a personal tailored maintenance manual has been created, and quality replacement part will be used.



### Inspection : Before and after every flight, the quad

- copter's operational condition will be inspected for damage and deterioration, paying attention to the props for damage, cracks or ware and the UASs fuselage for damage . If damage, cracks or unusual ware is detect ed the flight will be suspended until proper repairs have been made.14



### Maintenance

- Simon Newton's Maintenance Videos https://www.youtube.com/watch?v=7Jum34eU4W8

Also

- http://www.phantompilots.com/viewtopic.php?f=7&t=5148

Other tutorials and how

- to videos

- Hypervision Aus tralia Tutorials https://www.youtube.com/wa tch?v=fKIAfjtdPgI&l ist=PLX7

- 5smcu Vw38bmfMnunAESCTiNgbt8S



### Replacement Parts

- Horizon Hobby (manufacturer)

- 3DR (manufacturer)

- Reputable After Market Companies

There is no intention in modifying aircraft beyo nd factory specifications. • The UAS will be in compliance with the FAA airworthiness regulations.



## Safety Concerns

Hazards Spotter : To ensure safety, either the listing agent, seller, contractor, owner or another party, will be on site to review and observe hazards before and during the flight.



### Population of Intended Areas : To ensure safety, all n on

- essential personnel will be removed from the area. There will be no flight over heavily populated areas like stadiums, schools, malls, casinos, and the like during operating hours.



### Airports : According FAA rules and to ensure pilot(s) safe ty, there will no flight in or around airports unless explicit permission is granted according to current FAA regulations.



### Weather : To ensure safety of spotter, agent s, property ow ners, pet and wildlife flights will be conducted in optimal weather conditions. Flights will not be conducted in wind s above 20 mph.



### Return

- to

- Home Feature : In the event the Horizon Hobby Blade QX350 or 3DR Solo loses signal or runs critica lly low on battery the UAS has a GPS controll ed return to home feature. The "home" is set upon flight startup.

- Auto Return

- to

- Home & Landing

- See Pre

- Flight Checklist Exhibit A



### Flying in Confined Areas : There is a high probability of flying in confin ed spaces, around residential properties. Pilot and spotter will b e in constant communication by two way radio, or cell phone, or other approved FAA communications device when geographically separated during flight to ensure a wareness of obstacles, hazards and UAS location.



### Line of Site: The UAS will always be within the line of site of the pilot a nd spotter. If the UAS

cannot be seen the return home failsafe will be used to regain visual control.



### Height : Fights will not exceed 400 ft AGL above subject properties at any time.15



## Potential Hazards

The following are potential hazards that may, or may not be, present during flight operations. The Pilot and Spotter will be aware of :

- Other UASs

- Houses, Commercial Buildings, Shops, and Out Buildings

- Power Lines, Low Voltage Li nes, High Voltage Lines, Cable Lines

- Trees, Shrubs, and Hedges

- Automobiles and RVs

- Wildlife, both Land and Air

- Rivers, Lakes, Ponds, Sounds , Straits, and Other Bodies of Water

- Unaccounted for People

- Unaccounted for Pets

- Conditio ns as set forth in the HORIZON HOBBY and 3DR Manuals



## Privacy Concerns

During flight operations privacy concerns are of high priority. With each commercial flight a signe d agreement, will be in place. Seller/property owner, contractor, engineer or author ized agent will sign a letter authorizing Dick Barr Group, Inc UAS' s use for marketing purposes.

Please see Exhibit B.



## Operational Conditions

To capture high resolution images and video operational conditions will be closely monitored

because showcasin g a property in the best light is and image quality is the utmost client priority.

- Day Time

- Sunny Weather is Highly Preferred

- Little to No Cloud Cover

- Zero to Low Wind Speeds

- High Visibility Conditions



## Pilot Qualifications

Training Sessions for a D ick Barr Group, Inc pilot(s).

Current Pilot: Dick Barr Please see Pilot's Training and Flight Log; Exhibit C

- The Pilot in command will be familiar with current FAA regulations regarding UAS commercial usage.

- The Pilot in command will have sufficient ey e sight (with or without corrective lenses and without the aid of binoculars) to see and operate the UAS at the distances necessary for the purpose of the flight.

- Pilot will be in good health.

- New Pilots in training will shadow and act as the Pilot in Co mmand Spotter for 3 Months or for a minimum of 20 hours Prior to First Flight Operations

- New Pilots will demonstrate a workable knowledge or the UAS and proficiency in operational control at all times.

- Pilots in training will Watch Online Training Videos16

- Pilots will watch Online Training Videos for Specific Type of Filming Needs

- P ilots will attend Upcoming, and Local, UAS Courses (This is Part of Pilot's Continuing

Education )

- Pilots will attend Local Courses Hosted by Horizon Hobby and 3DR (This is Part o f Pilot's Continuing Education )

- 

### Every Pilot Will Follow the Flight Plans and Schedules Set Forth in this Document and current FAA regulations

.



## Pre

- Flight Checklist

Prior to every flight, the pilot will go through a pre

- f light checklist. The checklist wil l then be filed with every property's file in the event of an audit.

Preflight Checklist: Please see Exhibit A.



## Active Flight Operations

Exercise continuous control of UAS, monitor potential hazards, be aware of changing environments that may present h azards. UAS will alwa ys be in view of Pilot and spotter. There will be a strict flight ceiling of 400 ft AGL. All flight will be done in accordance with

current FAA rules and th e conditions set forth in this document.



## Additional Resources

- http://knowbef oreyoufly.org/

- http://www. Horizon Hobby .com/newpilot

- https://www.lioutube.com/channel/UCRioWtWR9 BPVZK8YxMrH2Zw

- http://www.modelaircraft.org/

- http://www.dji.com/product /phantom

- 2/sec

- http:/ /www.dji .com/suppor t

- http://wiki.dji.com/en/index.php/Ph antom 2

- http://wiki.dii.com/en/index.php/Phantom 2 Vision%213 Flight Limits

- http://www.dji.com/newpilot17



## Exhibit A

Pre

- Flight Checklist 

## Flight Operation Location: ________________________

Pilot:_________________________

Date:__________________

_______

Conduct Walk Around of Flight Area Identify Potential Hazards with Spotter Locate Safe Launch & Landing Area Set Spotter (Spotter May Change Location due to Filming Angle) Secure

all Pets. Request on Non

- Essential Personnel to Remain Behind Pilot Unpack All Equipment from Transportation Case Inspect UAS for damage, ware and proper flight setup according to the

HORIZON HOBBY and 3DR manuals. If no damage or unusual ware is detected proceed to the next step. If damage is d etected the flight will be aborted until proper repairs are completed. If the UAS is deemed flight worthy

- Power Up Remote Power Up GoPro Initiate Video Recording Power Up Horizon Hobby Blade QX350 or 3DR Solo

Launch Horizon Hobby Blad e QX350 or 3DR Solo Conduct Flight Operations

Land Horizon Hobby Blade QX350 or 3DR Solo in Designated Landing

Area Power Down Inspire 1 or 3DR Solo Turn Off Video Recording

Power Down GoPro

Power Down Remote Inspect UAS for dam age and ware Put All Equipment Back into Transportation Case

Pilot Signature___________________________________________18



## Exhibit B

RE: Authorization to Record Video & Photograph Property

I,

___________________________ , legal seller and/or rep resentative, authorize and give permission to Dick Barr Group, Inc to record video and photograph the property commonly

known as:

________________________________________________________________________

___________________________________________________ _____________________

________________________________________________________________________

The recorded video and photography is to be used in a manner consistent with the client ’ s interests, current real estate marketing strategies and advertising techniques, property development, investigation and observation.

Sincerely,

Signature___________________________________________Date_______________

Signature___________________________________________Date_______________19



## Exhibit C

UAS Training N otes
Notes by Dick Barr : I first became interested in drone photography of Real Estate about a year ago. At the time, I was not aware of FAA regulations restricting it, however I was aware, from previous experience flying RC Planes and copters for hobby purpose that an enormous amount of time and money goes into the practice. I’ve crashed my fair share of aerial crafts throughout the years. With the large expense associated with drones and the stabilized cameras they employ, I dedicated many hours to prac tice filming my own home and surrounding grounds. My home backs to 26 acres of vacant land, so I would practice flying around my home and over the vacant land. I have trained repeatedly with all modes of my Blade QX350’s controls, including “Easy Mode”, A erial Photography Mode, Stability Mode and Agility Mode, as well as No GPS Mode. The two modes which offer the best experience for the photography we will be doing are Aerial Photography Mode and Stability Mode. Aerial Photography Mode balances the drone f rom its own directional perspective (As opposed to the Pilot’s perspective in easy mode), and is balanced by GPS for lateral movement and a pressure sensor for vertical movement. Stability Mode gives the pilot more control of vertical movement, allowing fo r quicker climbs, however stabilizes the lateral movement using GPS.

Having flown and crashed the drone a few times with Agility Mode and No GPS mode, I have become an expert at complete disassemble of the drone, and putting it back together.

I know the drone inside and out. This practice has given me the knowledge and knowhow to avoid potential hazards as well as to thoroughly examine the drone before and after flight and an intimate knowledge of small indicators of possible failure. This time has also provided me very accurate timing for battery life expectations.

Since I will remain an active participant in the Hobby World associated with drones, I will continually be expanding my training personally and professionally, as well as logging hours

and ho urs of hobby flight time between commercial flights.



## UAS Flight log

– Pilot

– Dick Barr

– Blade QX350

Date Location Hours Notes

2/20/2015 Rons Hobby Shop 0.25 Preview

2/21/2015 Home 1.5 Practice

2/22/2015 Home 0.5 Practice

2/24/2015 Home 0.5 Practi ce 2/25/2015 Country Walk Park 0.25 Practice

2/26/2015 2152 N Orchard Lane 0.5 Video

2/26/2015 Home 1 Practice

2/28/2015 Home 1 Practice

3/1/2015 Home 0.5 Practice

3/7/2015 Hook Park 0.5 Practice

3/7/2015 CW Park 0.5 Practice

3/7/2015 RLB Civic Cen ter 1 Practice

3/8/2015 Home 1 Practice

3/14/2015 Home 2 Practice20

3/15/2015 Home 1 Practice

3/16/2015 18 E Country Walk 0.75 Video

3/21/2015 Home 0.25 Practice

3/22/2015 Home 1 Practice

3/28/2015 Home 2 Practice

3/29/2015 Home 1 Practice

3/30/2015 Home 0.25 Practice

3/31/2015 Home 0.5 Practice

4/4/2015 Home 2 Practice

4/5/2015 Home 1 Practice

4/10/2015 CW Park 0.25 Practice

4/11/2015 Home 1 Practice

4/12/2015 Home 1.5 Practice

4/18/2015 Home 0.5 Practice

4/18/2015 2152 N Orchard Lane 0.5 Vi deo

4/19/2015 Home 1 Practice

4/25/2015 Home 2 Practice

5/2/2015 Home 2 Practice

5/3/2015 Home 1.25 Practice

5/8/2015 Home 0.5 Practice

5/9/2015 Home 1.5 Practice

5/10/2015 Home 2 Practice

5/13/2015 2087 Wood Oak Cir 0.5 Video

5/14/2015 2087 Wood Oak Cir 1.25 Video

5/16/2015 Home 1 Practice

5/17/2015 Home 1 Practice

5/23/2015 Home 1 Practice

5/24/2015 Home 0.25 Practice

5/27/2015 Home 0.5 Practice

5/30/2015 Home 0.5 Practice

5/31/2015 Home 0.5 Practice

6/13/2015 Home 0.5 Practice

6/14/2015 Home 1 Practice

6/21/2015 Home 0.5 Practice

7/3/2015 180 W Honeysuckle 1 Video

7/4/2015 2281 N Bluegrass 1 Video

7/10/2015 BBQd Productions 0.5 Video

7/13/2015 Home 1 Practice

7/15/2015 Nauti Knots 1 Video

7/18/2015 Home 0.5 Practice

7/2 6/2015 Jim Y's House 0.25 Practice

8/1/2015 Home 0.25 Practice

8/2/2015 Home 0.25 Practice

8/7/2015 Home 0.5 Practice

8/15/2015 Home 0.25 Practice21

8/22/2015 Home 0.5 Practice

8/29/2015 Home 0.5 Practice

9/12/2015 Home 0.75 Practice

9/19/2015 Home 0 .5 Practice

9/27/2015 Home 0.5 Practice

10/3/2015 Home 0.75 Practice

10/4/2015 Home 0.5 Practice

10/10/2015 Home 0.5 Practice

Total 54.25