Tyler Schimmoeller

3774 Cascades Way Apt 207

Kent, OH 44240

Email: 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. 

The main 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 and/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 always 
have a visual on the rear or front mounted LED flight Indicators. Additional safety 

features on the DJI INSPIRE 1 include, return to home, low voltage, and enhanced failsafe. All operations will include a visual observer (VO) aiding the PIC. 

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

transmitter 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 proximity 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 maximum takeoff weight is approximately 2935g. Max Ascent speed 5 m/s, max descent 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 model 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 INSPIRE 1 is to assist local businesses by providing high 

quality images and videos of their properties. Several other photographers currently offer

aerial photography have a substantial competitive edge
All flights for 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. 91.7 (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 Roman 

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 support 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. 

Section 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 

pilot 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 

photography. 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 placards, 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 cannot 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: Operations will only be flown over property where permission has been obtained 

and careful pre-planned 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 

hazard 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 departure 

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 operator 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 alteration 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 required 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 calendar 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 would be replaced by the 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: 

Reason 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 along 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 giving 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 keep visual eye contact on the LED 
flight indicator is probably the most important. My main objective is to offer aerial real 

estate and golf course photography/videography at a competitive rate for the general 

public in the safest way possible.