August 19, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Nicholas Barwick

800 Clayton St.

Columbia, MO 65203

Re: Exemption Request Pursuant to Public Law 112­95, Section 333 of the FAA Reform Act and

Part 11 of the Code of Federal Regulations from: 14 CFR 21 subpart H; 14 CFR 47.3(b)(2); 14

CFR 47.31(c); 14 CFR 91.9(b)(2); 14 CFR 91.109(a); 14 CFR 91.119(d)(1); 14 CFR 91.121; 14

CFR 91.131(b)(1); 14 CFR 91.131(d)(1)&(2); 14 CFR 91.203(a)&(b); 14 C.F.R. 91.403(b)&(c);

14 CFR 91.405; 14 CFR 91.407; 14 CFR 91.409 and 14 CFR 91.417. Note: 14 CFR Part 61 in

its current form applies to manned aircraft. 14 CFR 61.3 refers specifically to flight crew

members who is defined in Part 1. 1 as a pilot, flight engineer, or flight navigator assigned to

duty "in an aircraft" during flight time; therefore no exemptions from Part 61 is being sought for

as it is not applicable at the time of this exemption request.

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act")

and 14 CFR Part 11, Nicholas Barwick, operator of a small Unmanned Aircraft System (UAS),

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

commercial operation of its UAS, so long as such operations are conducted within and under

the conditions outlined herein or as may be established by the FAA as required by Section 333.

The exemption would permit Nicholas Barwick to operate a small Unmanned Aircraft System

(UAS) for the commercial purposes stated in Docket No.: FAA­2015­0150; Notice No.15­01,

including aerial video and photography over certain areas of the United States. Briefly

described:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public

events, cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not

limited to electrical power lines, wind turbines and cell towers.
5. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract and/or donation.

6. The ability to offer training to persons individually or belonging to both private and/or public

organizations that have interests in the use and application of a UAS for the purpose of the safe

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for

the protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d)

will provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation's and the FAA Administrator's responsibilities to " .... establish

requirements for the safe operation of such aircraft systems in the national airspace system.

The name, address and contact information of the Petitioner is:

Nicholas Barwick

800 Clayton St.

Columbia MO, 65203

Cell Phone: 573­579­8097

nick@tenspeeddigital.com

Regulations from which the exemption is requested:

14 CFR Part21 subpart H 14 CFR 91.131(b)(1)

14 CFR 47.3(b)(2) 14 CFR 91.131(d)(1)&(2)

14 CFR 47.31(c) 14 CFR 91.203(a)&(b)

14 CFR 91.9(b)(2) 14 C.F.R. 91.403(b)&(c)

14 CFR 91.1 09(a) 14 CFR 91.405

14 CFR 91.119(d)(1) 14 CFR 91.407

14CFR91.121 14CFR91.409

14 CFR 91.417

Description and specifications of UAS to be used by the Petitioner

DJI Phantom 3 Professional

Weight (including battery and propellers) 2.8 pounds

Diagonal size (including propellers) 23.3 inches

Max Speed 35.8 mph (no wind)

GPS Mode GPS/GLONASS
Aircraft means of propulsion = Electric via Lithium Polymer Batteries Battery Capacity

4480 mAh Voltage 14.8 Volts

Max Flight Time Approximately 23 minutes

The Petitioner will operate the UAS in line of sight within a predetermined area owned

and/operated by the property representative. Given the small size of the UAS and the controlled

environment provided, the proposed operations will adhere to the Reform Act's safety

requirements. The approval of this application presents no national security issues. Regarding

the level of safety surrounding the proposed operations and the public benefit, reduction in

environmental impacts, including but not limited to reduced emissions and noise, the grant of

the requested exemption is in the public interest. Accordingly the Petitioner requests that the

FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of persons, property and also manned aircraft in the

NAS. These limitations and conditions to which the Petitioner, hereafter referred to as the

operator, agrees to adhere to when conducting commercial operations under the FAA issued

exemption limitations, and as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS, as specifically designated and described in this petition, will weigh less than

55 lbs including payload.

2. The UA will be operated within visual line of sight (VLOS) at all times by the operator or visual

observers. (VO).

3. The UA will remain close enough to the operator so that human vision unaided by any device

other than corrective lenses will be used.

4. The UA will not be operated over persons not directly involved in the operation unless those

persons remain under a covered structure.

5. The UA will only be operated during daylight (official sunrise to official sunset of local

operation area) unless specific authorization from the FAA is granted prior to operations.

6. The operator may use VOs for certain operations and will ensure each VO is trained on

procedures listed in the operator's FOM.

7. The UA will not be operated at a speed exceeding 87 knots (1 00 miles per hour) using

ground speed or calibrated airspeed to determine compliance with the 87 knot speed restriction.

In no case will the UA be operated at airspeeds greater than the maximum UA operating

airspeed recommended by the aircraft manufacturer.

8. The UA will be operated at an altitude of no more than 500 feet above ground level (AGL).

Altitude will be measured in feet AGL. If an object to be inspected, such as an antenna, exceeds

500 feet AGL, the operator will limit the flight to within 200 feet higher than the structure being

photographed. The operator will notify the FAA and local authorities of the proposed plan to

include date, time, location and height of the object to be inspected prior to operations. The UA
will be flown in safe manner in close proximity to the object as to not interfere with traffic in the

NAS.

9. The UA will not be operated unless visibility is greater than day requirements listed in 14 CFR

91.155 for the Class of airspace at the operator's ground station, on location.

10. The UA will not be operated in Class A airspace (18,000 feet and above).

11. The operator will receive ATC permission prior to operations in Class B, C, D and E

airspace.

12. The operator will ensure that any VOs, if used, will only monitor one UA at any given time.

13. The operator will not allow operations from a moving vehicle or aircraft, except for watercraft

on the water.

14. The operator will not conduct any careless or reckless operations. A flight will be terminated

immediately as possible if the safety of the operation cannot be maintained.

15. Prior to each flight, the operator will conduct a pre­flight inspection and determine the UAS

is in a condition for safe flight. The pre­flight inspection must account for all potential

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a

condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until

the necessary maintenance has been performed, logged and the UAS is found to be in a

condition for safe flight.

16. The operator will not operate any UA if a physical or mental condition would prevent the safe

operation of that aircraft.

17. When using aVO or VOs, the operator and VO must be able to communicate at all times.

Radio communications or communication­assisting devices may be used. Electronic messaging

or texting will not be permitted during flight operations. Daisy­chaining of VOs for the purpose of

expanding the operations area will not be permitted.

18. The operator will be responsible to see and avoid all other users of the NAS in which the

UAS is operating.

19. The holder of this exemption will be responsible to ensure its aircraft are properly registered

in accordance with 14 CFR Part 47, and have identification (N­Number) markings in accordance

with 14 CFR Part 45, Subpart C. Markings must be as large as practicable.

20. The UAS operator will be designated before the flight and cannot transfer his or her

designation for the duration of the flight unless a medical duress or unforeseen emergency is

preventing safe operation of the UAS. In which case the VO, who has been deemed qualified

and trained in the operation of the UAS, will operate the controls to land the UA in a

predetermined "emergency plan" set forth by the operator who was granted this exemption. The

holder of this exemption must ensure that VOs, if used, can perform the duties required of aVO.

21. Documents for UAS operations and maintenance will be made available to the FAA upon

request. If a discrepancy exists between the conditions and limitations in this exemption and the

procedures outlined in the FOM, the conditions and limitations herein take precedence and must

be followed. Otherwise, the operator must follow the procedures as outlined in the FOM. The

operator may update or revise its operating documents. It is the operator's responsibility to track

such revisions and present revised documents to the FAA or any law enforcement official upon

request. If the operator determines that any update or revision would affect the basis upon

which the FAA granted an exemption, then the operator must petition for an amendment to its
grant of exemption. The FAA's UAS Integration Office (AFS­80) may be contacted if questions

arise regarding updates or revisions to the operating documents.

22. Any UAS that has undergone maintenance or alterations that affect UAS operations or flight

characteristics, e.g. replacement of a flight critical component, must undergo an operational

check flight prior to conducting further operations under this exemption. Operational check

flights may only be conducted by a qualified operator familiar with the specific UAS being

checked and must remain 500 feet from any persons unless they remain under a covered

structure. (NPRM wording) The operational check flight must be conducted in such a manner so

as to not pose an undue hazard to persons and property.

23. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a

condition for safe operation.

24. The operator must follow the UAS manufacturer's maintenance; overhaul, replacement,

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

25. The holder of this exemption will follow manufacturer's safety bulletins for each UAS

operated under this exemption.

26. The holder of this exemption will ensure that each operator is 17 years or older, a US citizen

and has a state issued driver's license.

27. The holder of this exemption will require that its operators demonstrate the ability to safely

operate the UAS in a manner consistent with how the UAS will be operated in this petition,

including evasive and emergency maneuvers and maintaining appropriate distances from

persons, vessels, vehicles and structures. Qualification flight hours and currency may be logged

in a manner consistent with 14 CFR 61.51 (b). Flights for the purposes of training the operator's

and VOs (training, proficiency, and experience­building) and determining the ability to safely

operate the UAS in a manner consistent with how the UAS will be operated, will be permitted.

However, training operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience­building flights will be conducted 500 feet from any persons

that are not intended to be part of such training operations unless those persons remain under a

covered structure.

28. The operator will use UAS that have safety features allowing it to return to a preset location

if it loses communications with its ground station. The operator will set this pre­determined

location within the private or controlled­access property as to minimize any possible contact with

objects.

29. The operator is prohibited from beginning a flight (considering wind and forecast weather

conditions) unless there is enough available power for the UA to conduct the intended operation

and to operate after that with at least 25% energy reserves or with the reserve power

recommended by the manufacturer, whichever is greater. The operator will perform training

tests, in a designated training area as prescribed herein, to assess the true energy

characteristics of the specific UAS battery system to determine the actual flight time for reserve

battery power. Said energy tests will deem the "safety" operating procedure for actual

emergencies and useful flight time.

30. The exemption holder will ensure that operators and VOs have a copy of this exemption, the

FOM and applicable aircraft registrations located at the ground station during operations. These
documents will be made available to the Administrator or any law enforcement official upon

request.

31. All operations shall be conducted over private or controlled­access property with permission

from the property owner/controller or authorized representative.

32. The exemption holder will be responsible to report to the FAA any small UAS operation that

results in: (1) any injury to a person; or (2) damage to property other than the small unmanned

aircraft. The report would have to be made within 10 days of the operation that resulted in injury

or damage to property. Accidents will be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Current NTSB

accident reporting is required when 1) Any person suffers death or serious injury. 2) Any UAS

with max gross takeoff weight exceeding 300 pounds sustains substantial damage.

Operations for closed­set motion picture and television filming and production include the

following limitations:

33. The operator must have a motion picture and television operations manual (MPTOM) in

his/her possession.

34. At least 3 days before aerial filming, the operator of the UAS must submit a written Plan of

Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of

proposed filming. The 3­day notification may be waived with the concurrence of the FSDO. The

plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming;

c. Name and phone number of the person responsible for the on­scene operation

of the UAS;

d. Make, model, and serial or N­Number of UAS to be used;

e. A statement that the operator has obtained permission from property owners and/or

local officials to conduct the filming production event; the list of those who gave

permission must be made available to the inspector upon request;

f. Signature of operator or representative; and

g. A description of the flight activity, including maps or diagrams of any area, city, town,

county, and/or state over which filming will be conducted and the altitudes essential to

accomplish the operation.

35. Flight operations may be conducted over/near participating persons consenting to be

involved and necessary for the filming production, as specified in the operator's MPTOM.

Regulations from which the exemption is requested:

14 CFR Part 21, Subpart H and 14 CFR §91.203(a)(1)&(b): Airworthiness Certificates Subpart

H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificates as required by 14 CFR 91.203(a)(1 ). Given the size and limited

operating area associated with the aircraft to be utilized by the Petitioner, 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. In all cases, an analysis of

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured and designated area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by both the operator and under the

requirements and in compliance with local public safety requirements. These safety

enhancements 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, nearly silent operation, lack of explosive materials or flammable liquid fuels, and

inability to carry a substantial external load.

14 CFR 47.3(b)(2) and 14 CFR 47.31(c) and 14 CFR 91.203(a)(2): Registration required

This regulation states in part: No person may operate an aircraft that is eligible for registration

under 49 U.S.C. 44101­ 44104 unless the aircraft is carrying aboard the temporary authorization

required by §47.31(c). Part 91.203(a)(2) reads similar. The Petitioner will be operating small

UAS. Placing registration paperwork inside the UA will be impractical. An equivalent level of

safety can be achieved by the Petitioner ensuring that all temporary or permanent registration

paperwork for the UAS being operated is located on site at the ground station as stated in item

30 in this document.

14 CFR 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides: No person may operate a U.S.­registered civil aircraft ... (2) For

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof. 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 UAS

flight manual at the ground station where the UAS operator will have immediate access to it.

14 CFR 91.1 09(a): Flight Instruction

Section 91.1 09(a) 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. The Petitioner will be operating small UAS that do not have fully functional dual

controls. Flight control is accomplished through the use of a control box transmitter that

communicates with the aircraft via radio communications. The equivalent level of safety is

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the

size and speed of the aircraft. Flight instruction is accomplished by handing the transmitter

between the instructor and trainee or by the use of a buddy box system. Instruction will also be

accomplished in accordance with item 27 in this document.

14 CFR 91.119(d)(1): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119( d)( 1)

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. As this exemption is for a UAS that is similar to a helicopter and the exemption requests

authority to operate at altitudes up to 500 AGL, or not more than 200 above a structure from

which filming is planned, an exemption may be needed to allow such operations. As set forth

herein, the UAS will never operate at higher than 500 AGL with the exception that in

circumstances where the UAS is used to survey or photograph a structure whose height

exceeds 500 feet AGL, the UAS will not be operated more than 200 feet above the highest point

on the structure in accordance with procedures outlined in item 8 of this document.

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 participants in

the filming activity, 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

55lbs. proposed herein and the lack of flammable fuel, noise and any risk associated with these

operations is far less than those presently presented with conventional aircraft operating at or

below 500 AGL. In addition, the low­altitude operations of the UAS will ensure separation

between these UAS operations and the operations of conventional aircraft that must comply

with Section 91.119. The procedures outlined in this document prohibit flight over persons not

involved in operations unless they remain under a covered structure.

14 CFR 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 small UAS does 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 safety check list and live flight

data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator

before flight. Flights will be conducted 500 feet above that read out or within 200 feet above the

highest point of the structure being filmed as outlined in item 8 of this document
14 CFR 91.131(b)(1): Pilot requirements for Class B airspace

This regulation states that no person may operate a civil aircraft within a Class B airspace

unless that person is a private pilot, recreational pilot, sport pilot or is a student pilot that meets

requirements of §61.94 or §61.95 of this chapter. An exemption from this regulation may be

required. An equivalent level of safety will be achieved by operating the small UAS at altitudes

listed in the limitation section of this document. The UA will not be landing or departing from

airports in Class B airspace nor flying through Class B airspace. The UAS will be flown in a

controlled environment within VLOS. The UAS operator will require ATC permission prior to

conducting operations and will give right of way to any manned aircraft.

14 CFR 91.131 (d)(1 )&(2): Equipment requirements for Class B airspace

The regulation states that no person may operate an aircraft in Class B airspace unless it is

equipped with a transponder and after January 1, 2020 an ADS­Bout system. An exemption

may be required. Due to the size, weight and payload capacity of the small UAS, installing these

systems is not practical. An equivalent level of safety will be achieved by operating the small

UAS at altitudes listed in the limitations section of this document. The UAS will not be landing or

departing from airports in Class B airspace nor flying through Class B airspace. The UAS will be

flown in a controlled environment within VLOS. The UAS operator will require ATC permission

prior to conducting operations and will give right of way to any manned aircraft.

14 C.F .R. 91.403(b)&(c); 91.405; 91.407; 91.409; 91.417: Maintenance and 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, have discrepancies

repaired as prescribed in part 43 of this chapter ... ," and others shall inspect or maintain the

aircraft in accordance with Part 43.

Part 43 only applies to aircraft with a US airworthiness certificate or foreign registered aircraft

operating in common carriage under provisions of Part 121 or 135. These sections will not apply

to the Petitioner who will be operating a small UAS. An equivalent level of safety will be

achieved as the UAS will be maintained in accordance with the UAS manufacturer's instructions

and limitations listed in the operator's FOM. The small UAS will carry a small payload and

operate in a controlled area for a limited period of time. If mechanical issues arise the UAS can

land immediately and will be operating from no higher than 500 feet AGL, without prior FAA

authorization. The operator will ensure that the UAS is in working order prior to initiating flight,

perform required and preventative 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.

Respectfully,

Nicholas Barwick