Tyler Schimmoeller 3774 Cascades Way Apt 207 Kent, OH 44240

E mail: tylerschimmoeller@gmail.com phone: 4195516460

I am writing to request an exemption under Section 333 of the FAA Modernization and

Reform Act of 2012 to perform Aerial Photography & Videography by/for Tyler

Schimmoeller.

I am a Private Pilot licensed by the FAA in 2012. My certificate number is 3636062. I have attached a copy of my license and current medical certificate. I will be the sole operator of the UAS, unless there is another licensed pilot who joins me.

T he m ain use of this UAS would be for aerial photography/videography for Real Estate and Golf Courses. The UAS system that I plan to use is a DJI INSPIRE 1

. I have attached the user manual for this specific model.

The safe operation to the NAS and/or persons a nd/or property will be kept to a minimum by always flying the UAS within visual eye contact, less than 400 ft above ground and never directly above persons or public places. The pilot in command (PIC) will alwayshave a visual on the rear or front mounted LED flight Indicator s . Additional safety

features on the DJI INSPIRE 1 include, return to home, low voltage, and enhanced fail

safe. All operations will include a visual observer (VO) aiding the PIC.

Preflight inspection would consist of checking battery condition/level in both the

trans mitter and UAS. The binding feature will not let the UAS start if communication is not established. A check for power

- lines, antennas and other overhead objects would be performed. The maximum height of any obstacle in pro ximity to the flight area will be taken in to account for the return to home safe height. Wind conditions would be monitored and be a factor for flying.

The radio frequency of the DJI INSPIRE 1 is 2.400GHz

- 2.483GHz. The m aximum take

off weight is approxi mately 2935g . Max Ascent speed 5 m/s, max descen t speed 4 m/s. Maximum flight speed 20 m/s (ATTI mode, no wind).

The PIC will only be myself as I am a licensed private pilot with a current medical and

have 30 plus hours flying time with a DJI Inspire 1 m odel and other lower class UAS

models. I am a Biomechanical engineer by training with years of experience using electronics and robotics. I am also an avid photographer and videographer. These technologies are not new to me.

The intended use of this DJI IN SPIRE 1 is to assist local businesses by providing high quality images and videos of their properties

. Several other photographer s currently offer aerial photography have a substantial competitive edgeAll flights fo r hire would have the time, date , and GPS coordinates along with the camera metadata recorded on a hard drive and also backed up to a server.

**Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21** Also, 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 9 1.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R . 91.119 (a) (b) & (c)

14 C.F.R. 91.121 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 (a) (1) 14 C.F.R. 91.409 (a) (2) 14 C.F.R. 91.417 (a) & (b)

**I request relief from the following regulations:**  Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. **Section 45.23 (b)** prescribes, in pertinent part, that when marks include only the Rom an capital letter “N” and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.

**Reason for relief:** The body of the DJI Inspire 1 is too small to s upport this size of markings. Action: The UAS will be marked with the business name, contact information and word “Provisional” made as large as possible. In addition the serial number is listed

with the manufacture and searchable on the internet.

**Sectio n 61.113 (a) & (b)**  prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pil ot in command of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

**Reason for relief:** (A) & (B) The flights are only incidental to the business of photog raphy. This UAS is too small to carry a pilot or passenger and will not carry or

deliver any personal property for hire

. **Action:** The only payload for this exemption is a fixed camera. No other payload/payloads will be allowed.

**Section 91.7(a)** prescribes , in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition.**Reason for Relief:** Airworthy condition is not defined in the DJI Inspire 1 manual.

**Action:** An airworthy preflight inspection would be checking battery condition/level in both the transmitter and UAS. The binding/link feature will not let the DJI Inspire 1 start up if communication is not established. Check for power

- lines, antennas, and other overhead objects would be performed. Wind conditions would be monitored and be a factor for flying.

**Section 91.9(b)(2)** prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and pla cards, or any combination thereof.

**Reason for relief:** The manufacture does not have an approved Airplane or Rotorcraft Flight Manual. Action: There is a “Checklist before every flight” instruction tag attached to the body of the DJI Inspire 1 that will be followed. **Section 91.119 (a) (b) & (c)** prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.**Reason for relief:** This UAS Inspire 1 quad copter at most times would be operated at less than the minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over sparsely populated areas the aircraft c annot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical photo assignment would be photography of real estate structures and or vacant land it would be necessary to operate closer than 500 feet.

**Action:** Operat ions will only be flown over property where permission has been obtained and careful pre

- pla n ned has been performed. If the low battery LED flashes the UAS will be landed in a safe manner. Due to the small size and weight of the DJI Inspire 1 , the

haz ard to persons, vehicles and structures is minimal compared to manned aircraft.

**Section 91.121** requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the d eparture airport or an appropriate altimeter setting available before departure.

**Reason for relief:** The DJI Inspire 1 is not equipped with an altimeter and can hover within a 10 foot radius in all directions. There is no minimum cruising speed and it will not be launched from an airport.

**Action:** The above ground level height will be less than 400 feet programmed into the firmware and never flown out of visual eye contact or at night.

**Section 91.405 (a)** requires, in pertinent part, that an aircraft opera tor or owner shall have that aircraft inspected.**Reason for relief:** There is no certified inspection facility and the DJI Inspire 1 will not power on if it fails the POST (power on self test).

**Action:** In the event that the DJI Inspire 1 needed inspection for any major or intermittent problems it would be safer to replace the entire UAS.

**Section 91.407 (a) (1)**  prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alterat ion unless it has been approved for return to service by a person authorized under section 43.7 of the same chapter.

**Reason for relief** : Replacement of props, motors, and batteries should be allowed by the operator. In addition updating firmware when requi red should be allowed.

**Action:** Parts will be genuine factory replacement. Only manufacture approved firmware will be uploaded.

**Section 91.409 (a) (2)** prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 c alendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**Reason for relief** : There is no certified inspection facility or process for the DJI Inspire

1 . Estimated flight times for photo shoots would be less than 40 minutes possibly 2 times a week which would be approximately 80 minutes of flight time per week.

**Action:** When any flight or intermittent problem become apparent and is not remedied by a simple repair the entire UAS woul d be replaced by th e same model or as close to the

DJI INSPIRE 1

.**Section 91.417 (a) & (b)** prescribes, in pertinent part, that a registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

**Rea son for relief**  : Due to the popularity, simplicity, size and limitation of the DJI Inspire

1 this could become an overburden for the owner/operator and any regulating agency.

**Action** : All photo flights for hire would have the date, time, GPS coordinates alon g with the camera metadata recorded on a hard drive and also backed up to a DVD. This data would be kept readily available for a period of 1 year after each aerial flight for hire.

**Public Interest:** Granting my request would be in the public interest by g iving an opportunity for real estate photographers to offer safer and more competitively priced aerial photography and videography to the general public.

**Adversely affect safety:** This exemption would not adversely affect the safety of the general public due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photography from a manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental impact.

**Additional view/comments.** The need to offer photography from a UAS is something that will help my business and clients. I am in hopes that this exemption is granted so that I can assist in the ground floor education and lead by good example for the good of the people . The DJI INSPIRE 1 will not be flown at night and never in the flight path of manned aircraft. The first condition listed to always kee p visual eye contact on the LEDflight indicator is probably the most important. My main objective is to offer aerial re al

estate and golf course photography/videography at a competitive rate for the general public in the safest way possible.