### Dale Barr's Petition for Exemption Under Section 333

October 19,2015

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590


### Re: Exemption Seeking Relieffrom the requirements ofTitle 14 ofthe code ofFederalRegulations Sections 21; 45.23 (b); 61.113 (a) & 

### (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a)&(b); 91.203(a)&(b); 91.405 (a); 91.407(a)(1); 91.409 (a)(1)&(a)(2); 91.417 (a)&(b) concern commercial operation ofa DJIPhantom 3 unmanned aircraft system pursuantto section 333 ofTheFAA Modernization and Reform Act of2012 (Public Law 112-95).

To Whom This May Concern:
I, Dale Barr (the applicant), request an exemptionpursuantto 14 C.F.R. §11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 from the requirements of 14 CFR § 21; 45.23(b); 61.113(a)&(b), 61.133(a); 91.7(a), 91.9(b); 91.103(b); 91.109; 91.119; 91.121, 91.151(a)&(b), 91.203(a)&(b); 91.405(a), 91.407(a)(1), 99(a)(1)and (a)(2); 91.417(a)&(b). This exemption will permit the me to operate my small Unmanned Aircraft System's (sUAS) for the commercial purpose ofconducting: aerial video and photography of/for residential and commercial real estate for marketing/sales; home, business and infrastructure inspections; construction; architecture; environmental assessment; land surveying andmapping, general photography and private events.

I as an experienced pilot and sole operator ofthe named sUAS vehicle, consisting ofone DJI Phantom 3, will increase public knowledge ofsUAS andpromote safe sUAS operations. The DJI Phantom 3 aircraft is GPS assisted for location based information, and includes a "Returnto Home" safety feature in case ofsignal loss. I will perform all pre-flight andpostflight checks, and system/vehicle maintenance. All flights will be L.O.S. and will have a spotter as needed. All flights will maintain less than 400' A.G.L. The DJI Phantom 3 craft weighs less than seven (7) pounds with attachments and is battery operated, which are quiet and will not disrupt surrounding neighbors andbusinesses. The DJI Phantom 3 aircraft also has a safety feature inthe software which will not allow itto spool up the motors ifwithin a certain distance ofClass 

### AlBIC, etc

.... airports.

The use ofthis aircraft is financially viable as the costto the consumer is much less thanhiring a full size aircraft and pilot. The aircraft is also safer and can access areas a full size aircraft can't. Forhome inspections, they also allow a total roofinspection without the need ofladders and harnesses, which also creates a safer and· less costly optionto the client.

This applicant is fully committedto safety with each flight. Approval ofthe exemptionrequest would permit the operation ofa sUAS(s) in areas away from the general public, airports, heliports and vehicular traffic for the afore statedpurposes.



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### I. Contact Information: Dale Barr 15786 Moncure Ct Dumfries, VA 22026 703-670-9430 daled.barr@verizon.net 

### Dale Barr's Petition for Exemption Under Section 333



### II. The Specific Sections ofTitle 14 ofthe Code ofFederal Regulations From Which Dale BarrRequests Exemption are: 0 14 CFRPart 21; 0 14 CFR 61.113(a) & (b); 0 14 C.F.R. 91.7(a); 0 14 C.F.R. 91.103(b); 0 14 C.F.R. 91.119; 0 14 C.F.R. 91.203(a) & (b); 0 14 C.F.R. 91.203(a)&(b); 0 14 CFR407(a)(1); 0 14 CFR417(a) & (b)


## III. The Extent ofand Reason For Relief: 0 14 C.F.R. 45.23(b); 0 14 CFR 61.133(a); 0 14 C.F.R. 91.9(b); 0 14 C.F. R. 91.109; 0 14 C.F.R. 91.121; 0 14 C.F.R. 91.151(a) & (b); 0 14 C.F.R. 91.405(a); 0 14 CFR409(a) (1) & (a) (2);

I, Dale Barr (the applicant), herein request pursuant to the FAAModernization and Reform Act of2012 and the procedures contained within 14 C.F.R. 11, an exemption from the Federal Aviation Regulations ("FARs") listed below so that I may operate my small light weight unmanned aircraft system ("sUAS") commercially in airspace regulated bythe Federal Aviation Administration ("FAA"). The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into ournational airspace system as itis inthe public's interestto do so. This DJI Phantom 3 light-weight sUAS meets the definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration ofmy light-weight sUAS is expressly contemplated bythe Reform Act. The Reform Act guides the Secretary in determining the types ofsUAS's that may operate safely in
ournational airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe sUAS's, whether the sUAS will be operated near airports orheavily populated areas; and, whetherthe sUAS will be operated by line ofsight 112 P.L. 95 

### § 333 (a). Each ofthese items weigh in favor for granting my exemption. The DJI Phantom 3 sUAS utilizes four (4) counter-rotating propellers for balance, control and stability and is equipped with a GPS and auto return safety technology. Weighing less than seven (7) pounds (far belowthe maximum 55 pound limit); including camerawith gimbal.

I will operate the DJI Phamtom 3 in a safe manner, using the following checklists as well as operating procedures to determine thatthe aircraft is physically and electronicallyready for safe flight and thatpermission from the property owner/representative is received: Pre-flight Checklist: 0 Surveythe property for hazards, such as trees, utility poles and other elements that might compromise the flight thenmake ajudgment as to whether to proceed. 0 Checkthe weather for wind speed, cloud cover and any forecast changes thatmight adversely affect flight safety and performance.

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### Dale Barr's Petition for Exemption Under Section 333

0 Examine the aircraft- looking at connections and searching for cracks and loose parts. 0 Determine that the electronic elements are performing correctly (receiving more than 6 GPS signals along with calibration ofthe magnetic compass). 0 Determine that the barometric altimeterreflects approximately 

### 0 feet AGL. 0 Foilowing takeoff, hover at an altitude ofapproximately 10 feet to assure thatthe Home Point is solid. Then exercise all controls to confirm their functionality, ifone ofthe controls is not functioning, the flight will be terminated immediately. 0 Not fly over dense traffic or crowds. 0 Give right-of-way to any manned aircraft. 0 Stay clear ofF AA controlled airspace at airports (generally a five nautical mile radius) as well as restricted and prohibited zones. 0 Fly no higher than 400' and no further than 1 000' from the Home Point, recognizing that the primary responsibility is to safely keep the aircraft safely within VLOS. 0 Stay clear ofclouds and fog (500' vertically and 2,000' horizontally). Post-flight Checklist: 0 Inspectthe sUAS to determine its physical and electronic condition. 0 Examine the aircraft- looking at connections and searching for cracks and loose parts. 

## IV. This Request Will Benefit the Public as a Whole: Aerial videography and photography has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies and individuals, the expense ofsuch aerial videography and photography is costprohibitive. Only large companies and high-income individuals can afford to absorb such expense. Manned aircraft pose a threat to the public through potential catastrophic crashes resulting in a potential loss oflife. MyDJI Phantom 3 sUAS poses no such threat since size and lack ofcombustible fuel alleviates anypotential threat to the public. Congress has already proclaimedthat itis inthe public's interestto integrate commercially flown sUAS' into the national airspace system, hence the passing ofthe Reform Act. In addition my light- weight sUAS is battery powered and creates no emissions that canharmthe environment. Conducting aerial videography andphotography withthe DJI Phantom 3 sUAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. Byusing battery power and electric motors, the DJI Phantom 3 sUAS produces no airpollution, and is the mostviable environmentally conscious alternative to the cabin class, six cylinder internal combustionengine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons perhour ofleaded aviation fuel. The DJI Phantom 3 sUAS, while reducing the carbon footprint ofaerial acquisitions, also sharply reduces noise pollution, as the sUAS is propelled by battery powered electric motors, rather than an internal combustion engine. Byusing the DJI Phantom 3 sUAS to perform aerial videography andphotography, the substantial risk to life and property inthe air and onthe ground, which is usually associated withtraditional manned aircraft flight operations, will be substantiallyreduced orcompletely eliminated. The DJI Phantom 3 sUAS (weighing less than seven (7) pounds with attachments, with a length ofless than 18 inches, and with no fuel on board), has less physical potential for collateral damage to life and property onthe ground, and inthe air,



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### Dale Barr's Petition for Exemption Under Section 333

compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons).


### V. This Exemption Will Provide a Level ofSafety At Least Equal To Existing Rule:
• This sUAS weighs less than seven (7) pounds complete with a small light- weight high definition (HD)

camera. • This applicant only operates the sUAS below400 feet (well within the 400 foot permissible ceiling set

by the FAA Modernization and Reform Act of2012).
• This sUAS is landed priorto manufacturer recommended minimum level ofbattery power. • This sUAS is pilotedthrough remote control/FPV only by line ofsight.
• This sUAS is equipped with GPS and several flight safety features whereby ithovers and then slowly

lands ifcommunication with the remote control pilot is lost.
• The applicant only operates this sUAS in safe environments that are strictly controlled, are away from

power lines, elevated lights, airports and actively populated areas. • The applicant conducts extensive pre-flight inspections and protocol, during which safety carries

primary importance.
• The applicant obtains all necessary permissions priorto operation.


### VI. Regulation Summary From Which The Exemption is Requested: 0 14 CFRPart 21; 0 14 C.P.R. 45.23(b); 0 14CFR61.113(a)&(b); 0 14CFR61.133(a); 0 14 C.P.R. 91.7(a); 0 14 C.P.R. 91.9(b); 0 14 C.P.R. 91.103(b); 0 14 C.F. R. 91.109; 0 14 C.P.R. 91.119; 0 14 C.P.R. 91.121; 0 14 C.P.R. 91.203(a) & (b); 0 14 C.P.R. 91.151(a) & (b); 0 14 C.P.R. 91.203(a)&(b); 0 14 C.P.R. 91.405(a); 0 14 CFR407(a) (1); 

### 0 14 CFR409(a) (1) & (a) (2); 0 14 CFR417(a) & (b)

14 C.F.R. 21: Certification Procedures for Products and Parts. 

### This section outlines requirements for the issue ofdesign and production approvals, airworthiness certificates, and other airworthiness approvals.

14 C.F.R. 

### § 45.23: Marking ofthe Aircraft. 

### Applicable Codes ofFederal Regulation require aircraft to be marked according to certain specifications. The applicant's, sUAS is, by definition, unmanned. Therefore does not have a cabin, cockpit orpilot station on whichto mark certain words orphrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensions smallerthat minimal lettering requirement. Regardless, the applicant, will markthe sUAS in the largest possible lettering byplacingthe word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 

### § 45.29 (f) 

### so that the pilot, will see the markings. The FAAhas previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

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### Dale Barr's Petition for Exemption Under Section 333

14 C.F.R. 

### § 61.113 (a) & (b), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges and Limitations. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operatingthe aircraft tohave a private pilot's license rather than a commercial pilot's license to operate this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The risks associated withthe operation ofthe sUAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 

### § 91.7 (a): Civil aircraft airworthiness. 14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates inrelation to FAR § 91.203(a) (1). The size, weight and enclosed operational area ofthe applicants sUAS permits exemption from Part 21 because it meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAAis authorized to exempt aircraft from the airworthiness certificate requirement under boththe Act (49 U.S.C. § 44701 (f)) and Section 333 ofthe Reform Act. Bothpieces oflegislationpermit the FAA to exempt sUAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. This applicant's, current sUAS' meets or exceed each ofthe elements.

14 C.F.R. 

### § 91.9 (b)(2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b)(2) provides: No personmay operate a U.S.-registered civil aircraft

...(2) Forwhich an Airplane
orRotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available inthe aircraft a current approved airplane orRotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof. The sUAS, givenits size and configuration has no ability orplace to carry such a flight manual onthe aircraft, not only because there is no pilot onboard, but because there is no room or capacity to carry such an item onthe aircraft.

14 C.F.R. 

### § 91.109 (a): Flight Instruction. Section 91.109 providesthatno personmay operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless that aircraft has fully functioning dual controls. sUAS and remotely piloted aircraft, bytheir design do nothave fully functional dual controls. Flight control is accomplished throughthe
use ofa control boxthatcommunicates withthe aircraft viaradio communications. The FAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction inexperimental aircraft.

14 C.F.R. 

### § 91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less thanthe minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. Asthis exemption is for a sUAS that is a helicopter andthe exemption requests authority to operate at altitudes up to 400 AGL, ornot more than 200 above an elevated platform from which filming is planned, an exemption maybe needed to allow such operations. As set forth herein, except for the limited conditions stated inthe Manual, the UAS will never operate at higherthan



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### Petition for Exemption Under Section 333

400 AGL. The equivalent level ofsafety will be achieved given the size, weight and speed ofthe sUAS as well
as the location where it is operated.

14 C.F.R. 

### § 91.121 Altimeter Settings. This regulation requires eachperson operating an aircraft to maintain cruising altitude byreference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the sUAS may nothave a barometric altimeter, but instead a GPS altitude read out, an exemption is needed.

14 C.F.R. 

### § 91.151 (a): Fuel Requirements for Flight in VFR Conditions. This regulation prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The batterypowering the sUAS provides approximately 18 minutes ofpowered flight. To meet the 30-minute reserve requirement in 14 CFR § 91.151, sUASs flights would be limited to approximately 10 minutes in length. Giventhe limitations on the sUAS proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame for flight in daylight ornight VFR conditions isreasonable. Limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. An equivalent level ofsafety canbe achieved by limiting flights to 20 minutes or 25% ofbatterypowerwhichever is reached first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.
14 C.F.R. 

### § 91.203 (a)&(b): Carrying Civil Aircraft Certification and Registration. The regulationprovides inpertinentpart: (a) Except as provided in§ 91.715, no personmay 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) ofthis section
or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew. The sUAS, fully loaded, weighs no more than 55lbs. and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents orto display them onthe sUAS. An equivalent level ofsafety will be achieved bykeeping these documents atthe ground control point where the PIC flying the sUAS will have immediate access to the extentthey are applicable to the sUAS.

14 C.F.R. 

### §91.405 (a); 407 (a)(1); 409 (a)(1),(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 ofthis part and shall between required inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter

..." and others shall inspect ormaintainthe aircraft in compliance with Part 43. Given that these section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level ofsafety will be achieved because this sUAS is very limited in size and will carry a small payload and operate onlyin restricted
areas for limitedperiods oftime. Ifmechanical issues arise the sUAS can land immediately and will be operating from no higherthan 400 feet AGL. The operator is the person mostfamiliar with the aircraft and best suited to maintainthe aircraft in an airworthy conditionto provide the equivalent level ofsafety.



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Dale Barr's Petition for Exemption Under Section 333



### THE APPLICABLE LEGAL STANDARD UNDER SECTION333: Approval ofthis exemption application advances the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction ofsUASs into the NAS ifit canbe accomplished safely. This law directs the Secretary ofTransportationto consider whether certain UASs may operate safely inthe NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. Inmaking this determination, the Secretary is required to determine whichtypes ofsUASs do not create a hazard to users oftheNAS, the public, orpose a threat to national security inlight ofthe following:

• The 

### VAS's size, weight, speed, and operational capability;
• Operation ofthe UAS in close proximityto airports and populated areas; and
• Operation ofthe UAS within visual line ofsight ofthe PIC. Reform Act§ 333 (a) (1). Ifthe Secretary determines that suchvehicles "may operate safely inthe national airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft inthe national airspace system." Id. § 333 (c). The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, from the requirementthat all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilotsto operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections 4470244716 of this title ifthe Administrator finds the exemption is inthe public interest. The grant ofthe requested exemption is inthe public interestbased onthe clear direction in Section 333 ofthe Reform Act; the additional authority inthe Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significantpublic benefit, including enhanced safety and cost savings associated withuse ofUASs for aerial videography/photography, the reduction or elimination ofunregulated operators, and the safe integration ofUASs. Accordingly, the applicantrespectfully requests thatthe FAA grant the requested exemption without delay.


### In summary, Dale Barrseeks an exemption from the following Regulations: I herein affirm myrequest for this exemption for the commercial purpose ofconducting aerial video and photography ofresidential and commercial real estate for marketing/sale; home, business and infrastructure inspections; construction; architecture; environmental assessment; land surveying and mapping, general photography and private events. Mybusiness model is based onthe idea ofoffering ad hoc small sUAS services to individuals or companies who wishto employ these services as a safe, effective, and legal optionto enhance their business orhobby.

The requested exemption should be granted because the proposed operation ofthe DJI Phantom 3, sUAS weighing less than seven (7) pounds, inclusive ofbattery and payload, conducted inthe strict conditions outlined above, will provide an equivalent orbetter level ofsafety, as. Congress intended, while still allowing commercial operations. The lightweight aircraft coveredbythe exemption is far saferthan conventional operations conducted withhelicopters and fixed-wing aircraft operating in close proximityto the ground and people. The seven factors Congress directed the FAAto consider when approving Section 333 exemption



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petitions- size, weight, speed, operational capability, proximityto airports, proximity to populated areas, and operation within visual line ofsight

- each supportthe request. Inparticular, the aircraft is small, and will operate at slow speeds, close to the ground, far from airports and 

### in a lowrisk, lowand controlledpopulation environment.

In closing, I respectfully request thatthe FAA grant my exemptionrequest. Thank you for yourtime and consideration ofthis exemption request. Respectfully submitted,

Dale Barr 15786 Moncure Ct Montclair, Va22026 703-670-9430 daled.barr@verizon.net



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