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 Sy stems ( UAS ), hereby applies for an exemption from 14 C FR 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 en ab le 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 aris e, 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 UAS s the film and commercial productio n 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 UAS s, 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 UAS s 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 ex emption 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 sy stems in the national airspace sy stem.”
Mr. Barnes p lan s 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.
G iven the small size of the UAS s 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 mu st, b y e xemption, allow commercial operations of UAS s to commence immediately . Also due to the size of the UAS s and the controlled areas in which the relevant UAS s 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 th an 55 lbs **(2)** Flights will be operated within visual line of sight (VLOS) of operator **(3)** Flights will be operated during the day time in VFR conditions**(4)** The PIC will complete a comprehensive preflight check (listed below).

**(5)** Maximum total flight time for each operati on al 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 po wer 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 are a 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 lan d. **(13)** The UAS will have the capability to abort a flight in case of unpre dicted 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 m echanical and electrical systems are functioning as intended **(18)** The operator will not operate the UAS is a phy sical or mental condition would prevent the operation from being completed in a safe manner **(19)** The holder of this exemption will be responsible to ensur e 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 propeller s 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 b e 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 tes ting 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 ye t to be achieved by

th e 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 n o 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 UAS s take of and land vertically , the pilot would not need to know this information because no runway s 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 functio ns are applicable to a UAS flight and, as stated earlier there are no FAA certified in s tructors 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 fail s any where, 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

- controlle d “Return to Home” feature mitigates against acatastrophic event. A manned aircr aft is much heavier and larger than a Inspire 1.

If an Inspire 1 were to malfun c tion 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 “crui sing 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 , “n o 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 ofany

other minor parts are performed by the PIC and any

serious issue will require a m anufacturer 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 re quirements after maintenance hav e been performed. Ag ain, 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 whic h 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 checklis t will be used to determine the Inspire 1’s mechanical and electrical integrity

.
**§Section91.417 Summary:**  This section require s maintenance records to be kept on repair, replacement and condition of vital parts (rotors, engines, and airframe). Certain re cords must be retained for one year while other record must be kep t 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. Ho wever, repairs will be entered into the aircraft log

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

CONCLUSIONThe 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 mo dif y or amend any

part of this request to satisfy the need for an equivalent level of safety

.