U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590 October 15, 2015

Attn: FAA Administrator

RE: Exemption Request Section 333 of the FAA reform Act and part 11 of FAA 

regulations. 

Dear Administrator,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 C. F. R. Part 11, Barry Walter Andersen dba Aerial Photographics, hereby 

applies for an exemption from the following: 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). 

Barry Andersen holds an instrument rate private pilot certificate and has over 

500 hours as PIC in the airspace that the sUAS will be operating in. The 

requested exemption would permit the operation of a small, unmanned sUAS

under controlled conditions. The requested exemption would permit Barry 

Andersen (hereafter referred to as the applicant) to conduct commercial aerial 

photographic activities to promote real estate, construction site monitoring, 

mapping, and photographs and/or video for reports and promotion. 

The applicant participated in beta testing the FAA B4U fly program and is fully 

aware of the requirements of using an sUAV in the NAS. Further he has 

reviewed the proposed Part 107 guidelines and applauds the FAA’s work to 

establish sensible guidelines for use of sUAS aircraft in the NAS. The applicant 

has over 20 hours of flight time with Inspire T600 sUAS. Moreover he has been 

flying radio control aircraft for over 30 years and holds Leader/Administrator 

status with the Academy of Model Aviation. 

Aerial Photographics will utilize a DJI Inspire T600 quadcopter. N227BA has 

been reserved for this aircraft and an application for approval has been filed. 
The DJI Inspire meets all requirements for sUAS operations and has been 

approved for use in many of the 333 exemptions granted to date. 

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, including sUAS's, 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) 

Section 333(b) of the Reform Act assists the Secretary in determining whether 

sUAS 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 sUAS "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). 

The applicants sUAS's is a quadcopter, weighing 10 pounds or less including 

payload. It operates under normal conditions at a speed of no more than 40 knots 

and has the capability to hover, and move in the vertical and horizontal plane 

simultaneously. The Inspire sUAS will operate only in the pilot's visual line of 

sight at all times.

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 sUAS's to operate with significant 

safety precautions in low risk environments. The use of an sUAS in lieu of a 

fixed wing aircraft, or helicopter lowers costs to the client, uses no fossil fuel, and 

provides an enhanced level of safety. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

1. The sUAV weighs less than 10 lbs.

2. Flights will be operated within line of sight of operator.

3. Maximum total flight time for each operational flight will be 20 minutes. 

Flights will be terminated at 15% battery power reserve should that occur 

prior to the 20 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. The applicant is a trained sUAV operator and thoroughly understands 

the proper safety and operations of the sUAV. The applicant holds an 

instrument rated private pilot certificate. 

6. The sUAV will only operate within a controlled area.

7. Notice will be given to those around the controlled area.

8. If the sUAV loses communications or loses its GPS signal, the Inspire 

sUAS has capability to return to a pre-determined safe location and 

land.

9. The sUAV has the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

10. The sUAV will not operate over persons not directly involved in the 

operation. 

11. Operations will only take place during daylight hours

12. The maximum airspeed of the Inspire sUAV is 40 mph

13. A preflight inspection will be made before each operation to insure safe 

operation.

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (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 the applicant an exemption from 14 CFR 

Part 21 Subpart H meets the requirements of an equivalent level of safety 

under 14 CFR 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 capability, and 

proximity to airports and populated areas of the particular sUAS. In all 

cases, an analysis of these criteria demonstrates that an sUAS operated 

without an airworthiness certificate, in a 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 Inspire sUAS weighs less than 10 lbs. carries neither a pilot nor passenger, 

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

within a limited radius area. Operations under this exemption will be tightly 

controlled and monitored by the applicant. These safety enhancements, which 

already apply to civil aircraft operated in connection with video production, 

provide a greater degree of safety to the public and property owners than 

conventional operations with fixed wing aircraft or helicopters.

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 is no airworthiness certificate issued for these 

aircraft, no FAA regulatory standard exists for determining airworthiness.

Given the size of the aircraft and the requirements contained in the DJI 

procedures for maintenance and the use of safety checklists prior to each flight, 

an equivalent level of safety will be provided. 

14 C.F.R. § 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 

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 sUAS, given its size and configuration has no ability or place to carry such a 

flight manual on or in the aircraft. As the sUAS is unmanned this requirement is 

not applicable. 

The equivalent level of safety will be maintained by keeping the DJI Inspire flight 

manual at the ground control point where the operator flying the sUAS will have 

immediate access to it. 

14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations 

Pilot in Command (PIC) 
Sections 61.113 (a) & (b) limit private pilots to noncommercial operations. 

Because the sUAS will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring the 

PIC operating the aircraft to have a private pilot’s license rather than a 

commercial pilot’s license to operate an sUAS. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance. 

The risks associated with commercial operations of the sUAS as requested with a 

private pilot as the PIC, meets or exceeds the present level of safety achieved by 

14 CFR §61.113 (a) & (b). 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each operator to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. An equivalent level of 

safety will occur through the DJI Go application and a proprietary preflight 

checklist. The operator will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance 

data before initiation of flight. 

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. 

UAV’s and remotely piloted aircraft, by their design 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 

approved exemptions for flight training without fully functional dual controls 

for a number of aircraft and for flight instruction in experimental aircraft. 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. 

Advanced flight training in open unoccupied space further enhances necessary 

skills. 

14 CFR §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. As this exemption is for 

an sUAS, the applicant requests authority to operate at altitudes up to 400 ft. 
AGL. Most operations will take place at 200 ft. or less AGL. 

The equivalent level of safety will be achieved given the size, weight, speed of 

the sUAS as well as location where it is operated. The low altitude operations of 

the sUAS will ensure separation between these small sUAS 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." The DJI 

Inspire sUAS has both a barometric altimeter and a GPS altitude read out

accurate to .5 meter. 
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration 

The regulation provides in pertinent 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 Inspire sUAS fully loaded weighs no more than 6 lbs and is operated 

without an on board pilot. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAV. 

Moreover, no FAA certification exists for this sUAS. 

Registration has been applied for with N227BA reserved. Final approval is 

pending. When approved the N number will be placed on the Inspire. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91 .151 (a) prohibits an individual from beginning "a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed - (1) During the day, to fly after that for at least 30 

minutes; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the Inspire sUAV provides approximately 20 minutes of 

powered flight. Given the limitations on the sUAV's proposed flight area, the 

location of its proposed operations within a predetermined area and the Inspire’s 

failsafe function that initiates warning of 20% battery remaining and automatic 

landing at 10% power remaining. 

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 20 minutes or 15% of battery power whichever happens first. This 

restriction would be more than adequate to return the UAV to its planned 

landing zone from anywhere in its limited operating area. 
14 C.F.R. §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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. The operator will 

accomplish maintenance pursuant to the flight manual and operating handbook 

provided by DJI. An equivalent level of safety will be achieved because these 

sUAS’s are very limited in size and will carry a small payload and operate only 

in controlled areas for limited periods of time. If mechanical issues arise the 

sUAS can land immediately and will be operating from no higher than 400 feet 

AGL. The operator will ensure that the sUAS 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. 

Publication Summary 

Pursuant to 14 CFR 11.81(f), 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 CFR § 21, subpart H; 

14 CFR § 45.23 (b); 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) and 91.417 (a) & (b) to operate commercially Small Unmanned Aircraft 

Systems (10 lbs or less) in photography and videography operations. 
Summary of Application 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 –

size, weight, speed, operating capabilities, proximity to airports and populated 

areas and operation within visual line of sight and national security provide 

more than adequate justification for the grant of the requested exemptions 

allowing commercial operation of applicant’s sUAS for aerial videography and 

photography. This request is similar to previously granted exemptions #11062, 

11109,11112, and 11213. 

Barry Andersen supports the FAA, AMA and the sUAS community in their 

efforts to establish workable common sense regulations for the safe and 

responsible use of sUAS aircraft in the national airspace. I support the 

provisions outlined in the proposed part 107 sUAS NMPRM. 

Respectfully submitted, 

Barry Andersen

Aerial Photographics

227 Rosemont Ave

Fort Thomas, KY 41075

andersen@twc.com