William Barnes

25 Avon Rd

Watertown, MA 02472

wlbarnes3@gmail.com

SUMMARY

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

“Reform Act”) and 14 CFR Part 11, William Barnes, operator of Unmanned 

Aircraft Systems (UAS), hereby applies for an exemption from 14 CFR Subpart H,

47.3(b) and (c), 61(a) and (b), 91.03 (b)(2), 91.105, 91.109, 91.119 (a)(b)(c), 

91.121, 91.15l, 91.405, 91.407, 91.409, 91.417 and any other rules the FAA deems 

necessary, to enable Mr. Barnes commercial operation of designated UAS, 

provided such operations are conducted within and under the conditions outlined 

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

Barnes intends to operate a DJI Inspire 1 for the use of commercial video 

production, cinematography, and real estate/development photography purposes.

BASIS FOR PETITION

Pilot in Command

At the time of this writing, Mr. Barnes has been trained in UAS operation and 

practices having earned a UAS Pilot Certificate from Unmanned Vehicle 

University. As a part of this certificate, Mr. Barnes complete 10 hours of simulator 

practice, 16 hours of ground school, and 16 hours of one-on-one flight training

with Mike Ferguson, of FAA exempt Aerobo (formerly AeroCine). Additionally, 

Mr. Barnes has over 50 hours of training flight time with the DJI Inspire 1 drone, 

the UAS listed in this petition. 

Mr. Barnes is in the process of completing his Sport Pilot Certificate and will be 

the PIC for all UAS commercial operations, upon receiving that license. Should 

Mr. Barnes not have earned his sport pilot license by the time this exemption is 

granted, he will employ a licensed pilot to serve as an alternate PIC until he earns 

his license. Should that situation arise, it is the responsibility of Mr. Barnes to 

ensure that the alternate PIC will have completed no less than 15 hours of flight 

time with the Inspire 1.

Commercial Use

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would provide professional services in the following areas:

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

television, public events, and cinematography.
With the emergence of UASs the film and commercial production community has 

a new tool that can achieve cinematic shots for a fraction of the cost and time that 

was previously required. Prior to the emergence of UASs, filmmakers were forced 

to use helicopters or large cranes to achieve aerial shots. The rental of such 

equipment is exorbitant and time intensive to set up or reposition. The ability of 

UASs to be quickly built and reposition at a fraction of the cost makes it an 

invaluable asset to productions of this nature.

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

designated UAS as set forth in this document under controlled conditions in the 

NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval 

of this exemption would increase public awareness of UAS operations and 

enhance safety to aid in fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “....establish requirements for the safe 

operation of such aircraft systems in the national airspace system.” 

Mr. Barnes plans to operate a UAS, the DJI Inspire 1, which is comprised of the

aircraft itself and a transportable ground station. The Inspire 1 is referred to as a 

quad-copter with a maximum gross weight of about 6.5 pounds. It is equipped 

with four rotors that are driven by electric motors powered by batteries. The 

Inspire 1 has a maximum airspeed of 22 m/s. 

Given the small size of the UASs involved and the restricted controlled 

environment within which they will operate, the applicant fits within that zone of 

safety (an equivalent level of safety) in which Congress envisioned that the FAA 

must, by exemption, allow commercial operations of UASs to commence 

immediately. Also due to the size of the UASs and the controlled areas in which 

the relevant UASs will operate, approval of the application presents no national 

security issue. 

OPERATING PROCEDURES

Given the following, the grant of the requested exemptions is clearly in the public 

interest: Mr. Barnes proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for an exceptional level of safety to operations. 

These limitations and conditions to which Mr. Barnes agrees to be bound when 

conducting commercial operations under an FAA issued exemption including: 

(1) The UAS will weigh less than 55 lbs

(2) Flights will be operated within visual line of sight (VLOS) of operator

(3) Flights will be operated during the daytime in VFR conditions
(4) The PIC will complete a comprehensive preflight check (listed below).

(5) Maximum total flight time for each operational flight will be 30 minute

(6) The UAS will not be operated at speeds in excess of 100 mph

(7) Flights will be terminated at 15% battery power reserve.

(8) Flights will be operated at an altitude of no more than 400 feet AGL

(9) UAS operator will be trained and certified in the proper safety and operations 

of the UAS. 

(10) The UAS will only operate within a controlled area and 500’ from any

individuals not involved in the operation.

(11) The operator will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as 

required.

(12) If the UAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the Security Perimeter 

and land.

(13) The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies

(14) The UAS will not be operated in Class A airspace (18,000 ft and above)

(15) The operator will receive ATC permission prior to operations in Class B, C, 

D, and E airspace

(16) The operator will ensure that any visual observer (VO) will only monitor on 

UAS at a time and will be able to communicate with the operator at all times

(17) Prior to each flight the operator will perform a pre-flight safety check to 

ensure all mechanical and electrical systems are functioning as intended

(18) The operator will not operate the UAS is a physical or mental condition 

would prevent the operation from being completed in a safe manner

(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 

(N Number) markings in accordance with 14 CFR Part 45, Subpart C

Preflight Checklist

 Give safety briefing to all people within the designated flight area to ensure 

everyone is aware of aircraft.

 Check all components of aircraft body for any damage that might prevent a 

safe flight.

 Check aircraft batteries to make ensure no observable physical damage and 

that all cells are at appropriate levels.

 Check propellers to ensure no observable damage

 Check remote controller, aircraft battery, and fpv monitor are fully charged.

 Calibrate compass.

 Check GPS connection.
 Check that gimbal or any sensors are securely connected to aircraft.

 Check video transmission for functioning and proper channel.

 Check all motors to ensure they are functioning properly.

 Establish home point before takeoff at every location.

 Make sure all people involved in the operation and in the designated flight area 

are aware that aircraft will be taking off and that all people, excluding aircraft 

and camera operator, are at least 30 ft away.

 Put the aircraft into a hover 5-10 feet off the ground for 30 seconds to ensure it 

is operating properly and has normal flight characteristics.

EXEMPTION REQUESTS

14 CFR

Part 21 Airworthiness Certification

Subpart H 

Summary: “prescribes the procedural requirements for issuing and changing 

design approval, production approval, airworthiness certificates, and airworthiness 

approval.” (Summation from Exemption No. 11138, page 11)

Response: “The Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested 

relief from 14 CFR part 21, and any associated noise certification and testing 

requirements of part 36, is not necessary.” (Summation from Exemption No. 

11138, page 11)

§47.3(b)(c) Registration Required

Summary: This regulation states in part that no person may operate an aircraft 

that is eligible for registration unless the aircraft is carrying aboard the temporary

authorization required by §47.3(c).

Response: It is impractical to place this, or any, paperwork on the body of the 

Inspire 1. The equivalent level of safety can be achieved by keeping any

temporary or permanent registration on site at the ground station.

§61 (a)(b), General Operation and Flight Rules

Summary(a) Prescribes the requirements for issuing pilot licenses and the 

privileges and limitations associated with various ratings.
(b) Aeronautical experience means pilot time, flight simulator or flight training 

device for meeting the appropriate training and flight time requirements for an 

airman certificate.

Response: Organized or commercially available FAA approved flight training has 

yet to be achieved by the UAS industry. Mr. Barnes’ has been proactive in getting 

UAS training (noted above) from established UAS professional who are already

operating commercially under the section 333 exemption, but at this point there 

are no FAA certified UAS instructors.

§91.103 (b)(2)

Summary: This section deals with the pilot’s preparations for flight, in particular 

runway lengths, takeoff, and landing distance information

Response: Since UASs take of and land vertically, the pilot would not need to 

know this information because no runways are involved. The FAA has determined 

that “relief is not necessary.” (Summation from Exemption No. 11138 page 20)

§ 91.105

Summary: This section deals with flight crewmembers at stations.

Response: Since there are no passengers, pilots or crewmembers, I respectfully

request relief from this regulation.

§91.109

Summary: This section deals with flight instruction, simulated instrument flight 

and certain flight tests.

Response: None of these functions are applicable to a UAS flight and, as stated 

earlier there are no FAA certified instructors of FAA certified study guides 

available at this time.

§91.119 (a)(b)(c)

Summary: This section deal with minimum safe altitude, stating that if the power 

fails anywhere, an aircraft should have an altitude sufficient so that an emergency

landing can occur without hazard to persons or property (91.119 a). It also sets 

minimum altitudes over congested and uncongested areas (91.119 b). it sets a 

minimum distance (500 feet) from any person, vessel, vehicle, or structure (91.119 

c).

Response: None of the altitude requirements in this regulation should apply to a 

UAS since these aircraft are required to fly below those altitudes. Their weight, 

speed, and GPS-controlled “Return to Home” feature mitigates against a 
catastrophic event. A manned aircraft is much heavier and larger than a Inspire 1. 

If an Inspire 1 were to malfunction or experience a hard landing, it carries no 

humans and no explosive fuel significantly limiting possible damage. One of the 

material advantages of a UAS is its ability to fly relatively close to a person, 

vessel, or structure in a safe way. Mr. Barnes’ training allows him to safely

operate the Inspire 1 within 500 feet of a person, vessel, or structure that is a part 

of the operation and is aware of the UAS flight plan.

§91.121

Summary: This section details altimeter settings required to maintain the 

“cruising altitude of flight level of that aircraft.” It requires that the “elevation of 

the departure airport” be set in the altimeter or the “current report altimeter setting 

of a station along the route and within 100 miles of the aircraft.”

Response: A UAS cannot comply fully with this section’s altitude requirements. 

The Inspire 1 is equipped with a barometric altimeter, which automatically

calculates the takeoff altitude when the aircraft is started. The launch point 

becomes the “elevation of the departure” point. The altitude of the UAS is visible 

in the control monitor by the PIC before launch and is updated in real time as the 

flight progresses. 

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, 

among other things, “no person may begin a flight in an airplane under VFR 

condition unless...there is enough fuel to fly to the first point of the intended 

landing and...fly after that for at least 40 minutes (day) and 45 minutes (night)

Response: The regulation deals with reserve fuel. Compliance with this regulation 

is not possible because the Inspire 1 runs on an electrical battery and not aviation 

gas. Battery levels are displayed in real time on the PIC’s control monitor 

providing him with both a percentage denoting the amount of power remaining in 

the battery and also a time estimate translating that percentage into a real time 

estimate of how much flight time remains given the current flight conditions. 

During all flights it is Mr. Barnes’ practice to return the Inspire 1 to its home point 

with 30% battery remaining. 

§91.405

Summary: This section deals with aircraft maintenance including regular 

inspection, the keeping of appropriate maintenance records and replacement of 

inoperable instruments.

Response: Maintenance on the Inspire 1 is straightforward. If, in flight or landing, 

a rotor blade or two are damaged, they are immediately replaced. Replacements of 
any other minor parts are performed by the PIC and any serious issue will require 

a manufacturer factory repair. Currently, there are no required inspections by

‘authorized’ maintenance personnel and there would be no space on board to 

install a placard of inoperability.

§91.407

Summary: This section addresses requirements after maintenance have been 

performed. Again, approval of the maintenance before flight is essentially in the 

hands of the PIC. Paragraph (b) refers to the prohibition a pilot carrying 

passengers or crewmembers, if the flight characteristics have been substantially

affected, before a rated pilot performs a check of the maintenance.

Response: Whatever maintenance is performed will be entered in the aircraft log, 

unless a separate maintenance log is required. It is also the PIC’s responsibility to 

preflight the Inspire 1 and determine its flyability. And as mentioned earlier, there 

is no pilot, crewmembers, or passengers aboard the Inspire 1.

§91.409

Summary: This section deals with the necessity of annual and 100 hour 

inspections or “Progressive inspections” and approval by authorized persons 

which will lead to the “ issuance of an airworthiness certificate.”

Response: There are no current FAA inspection protocols nor authorized 

inspection personnel. The PIC handles those issues each time the Inspire 1 is 

prepared for flight. The preflight checklist will be used to determine the Inspire 1’s 

mechanical and electrical integrity.

§Section91.417

Summary: This section requires maintenance records to be kept on repair, 

replacement and condition of vital parts (rotors, engines, and airframe). Certain 

records must be retained for one year while other record must be kept with aircraft 

even when sold to another part.

Response: The details of this section would be impractical with and Inspire 

1,because there is no place on the Inspire 1 to hold documents. However, repairs 

will be entered into the aircraft log. 

The above requests for exemptions follow the guidance published by the FAA.

CONCLUSION
The proposed UAS operations substantially benefit the public while posing 

minimized safety risks to persons and property. Given that this petition is similar 

to previously granted exemptions, the applicant respectfully requests that the FAA 

grant the requested exemption in an expedient manner. Mr. Barnes is prepared to 

modify or amend any part of this request to satisfy the need for an equivalent level 

of safety.