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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: Richard (Dick) Barr

Dick Barr Group, Inc

Date: 10/19/2015

Dear Sir or Madam: 

Attached 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 exemption 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 specifications 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 conjunction 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, Inc
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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

Hazards Spotter.......................................................................................................................................14

Population of Intended Areas.................................................................................................................14

Airports ...................................................................................................................................................14

Weather..................................................................................................................................................14

Return-to-Home Feature ........................................................................................................................14

Flying in Confined Areas..........................................................................................................................14

Line of Site:..............................................................................................................................................14
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Height......................................................................................................................................................14

Potential Hazards........................................................................................................................................15

Privacy Concerns.........................................................................................................................................15

Operational 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.................................................................................................................................19
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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 Property 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 for 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 increasing 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 inspections - 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 

probability 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 specifically 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 hillsides 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.
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- There 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. 
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Specific Section of 14 CFR 

Seeking specific 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 videography firm, hereby applies for an 

exemption from the listed Federal Aviation Regulations ("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 FAA as required by Section 333. 

As detailed in this document and the links 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 enhancements 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) 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: 

Dick Barr Group, Inc

PH: 847-644-1154

E-Mail: DB@DBGREC.COM

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 exempting civil aircraft, as the term is defined under §40101 of the Act, 
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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 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 must 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 operation of such 

aircraft in the national airspace system." Id. §333(c). 

Dick Barr Group, 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 of 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 equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UAS to commence immediately. Also due to the small size of the UASs and the 

low altitudes and restricted areas in which our UAS 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, 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 systems 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 otherwise would require worker inspection. Falls 
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are the leading source of workplace fatality and injury on construction sites', and reducing falls 

through UAS use for site imaging could save workers lives. 

The UAS we propose to fly in this application are under five pounds, and carry no combustible 

material on board, as opposed to the much larger conventionally powered small aircraft. Shifting 

to UAS from helicopters presents a marked safety increase for our workers and the public. 

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

aerial imaging and data collection over a construction site. Our UAS use rechargeable lithium 

ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many 

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 

provide 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 Statistics", 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 UAS 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 minutes. 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 keep 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 procedures 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 this 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 planned 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 territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

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

predetermined location within the Security 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 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 Dick Barr Group, Inc, 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 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 any 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 least as 

safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an 

airworthiness 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 explosive 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 sites. 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 certificates 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 materials 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 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, two-inch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked 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. 
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14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113 (a) & (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 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 allowing 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 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, 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 safety 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 or 

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 exemptions to this regulation: 

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 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 requirements, 

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 use 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 safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, 
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the ability 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 establishes 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 will 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 operations without their 

pre-obtained consent. The equivalent level of safety will be achieved given 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 outlined 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 associated 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 between 

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 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 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 the 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. 
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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 area. 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 aircraft 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 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 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, 9816A, 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 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 section and Part 43 apply only to aircraft with an airworthiness 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 can 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 maintenance, 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.
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*******

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. § § 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) and (b); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a 

small unmanned vehicle (551bs or less) in construction 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 combustible fuel, and carry an onboard 

human pilot. In contrast, a UAS weighing fewer than 15 lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. 

The UAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

The operation of small UASs, weighting less than 15 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a controlled environment and, as a result, are far safer 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 included) 

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 

Manufactures Website: http://gopro.com

Maintenance 

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 detected 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 Australia Tutorials 

https://www.youtube.com/watch?v=fKIAfjtdPgI&l ist=PLX7-

5smcuVw38bmfMnunAESCTiNgbt8S 

Replacement Parts 

- Horizon Hobby (manufacturer) 

- 3DR (manufacturer) 

- Reputable After Market Companies 

There is no intention in modifying aircraft beyond 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 non-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) safety, there will no flight in or around 

airports unless explicit permission is granted according to current FAA regulations. 

Weather: To ensure safety of spotter, agents, property owners, pet and wildlife flights will be 

conducted in optimal weather conditions. Flights will not be conducted in winds above 20 mph. 

Return-to-Home Feature: In the event the Horizon Hobby Blade QX350 or 3DR Solo loses 

signal or runs critically low on battery the UAS has a GPS controlled 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 confined spaces, around 

residential properties. Pilot and spotter will be in constant communication by two way radio, or 

cell phone, or other approved FAA communications device when geographically separated 

during flight to ensure awareness of obstacles, hazards and UAS location. 

Line of Site: The UAS will always be within the line of site of the pilot and 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 Lines, 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 

- Conditions 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 signed agreement, will be in place. Seller/property owner, 

contractor, engineer or authorized 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 showcasing 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 Dick 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 eye 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 Command 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 Videos
16

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

- Pilots 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 of 

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-flight checklist. The checklist will 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 hazards. UAS will always 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 the conditions set forth in this document. 

Additional Resources 

-http://knowbeforeyoufly.org/ 

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

-https://www.lioutube.com/channel/UCRioWtWR9BPVZK8YxMrH2Zw

-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/Phantom 2 

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

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

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Exhibit B 

RE: Authorization to Record Video & Photograph Property 

I, ___________________________, legal seller and/or representative, 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 Notes 

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 practice 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”, Aerial 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 from 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 for 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 hours 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 Practice

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 Center 1 Practice

3/8/2015 Home 1 Practice

3/14/2015 Home 2 Practice
20

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 Video

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

7/26/2015 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 Practice
21

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