Darrin Barker

Final Listing

2301 Ogden Avenue

Superior WI, 54880

218-428-7108

dbarker@finallisting.com

November 4th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 91.103; 

91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b).

To whom it may concern:

This application is substantially based on the FAA’s findings in Exemption No. 11983 granted to JAYuasz 

HDV Productions on July 6, 2015, and in reliance on the analysis provided therein.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11, Final Listing, operator of an Unmanned Aircraft System (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

UAS, so long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333.

The name and address of the applicant is:

Darrin Barker

Final Listing

2301 Ogden Ave

Superior WI, 54880

218-428-7108

dbarker@finallisting.com

Regulations from which the exemption is requested:

14 CFR subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.103

14 CFR 91.119(c)

14 CFR 91.121; 91.151(a)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(1) and (2)
14 CFR 91.417(a) and (b)

Commercial operation of an UAS, as described herein, which are equipped with camera(s) would 

operate in the following manner:

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

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers.

4. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when local authorities or 

government has requested it by contract or donation.

5. The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for 

the protection of the persons and property. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

This exemption will cover the use of the DJI Phantom which will weigh less than 55 pounds including pay 

load and energy sources.

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conduction 

commercial operations under the FAA issued exemptions as set forth in the Flight Operations Manual 

(FOM) include:

 The UAS weights less than 55 lbs.

 The UAS has a maximum operating speed of no more than 50mph.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL).

 A flight check list will be performed regarding the planned UAS operations prior to each flight.

 All flights will occur under Visual Flight Rules.

 A 2-man crew for each operation consists of a properly certified UAS Pilot in Command (PIC), 

according to FAA regulations, and the Visual Observer (VO).

 Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual Observer 

(VO).

 The PIC and VO will be able to communicate by voice or radio at all times.

 Maximum flight time for each operational flight is 15-20 minutes.

 The flights will occur no closer than a 5 mile radius of local airports.

 No operations will be within a 5 mile radius of an airport. 

 We will always obtain verbal/written consent of all persons involved with the planned operation 

ensuring that only consenting persons will be allowed within 100 feet of our flight operation. 

This radius may be reduced to 30 feet based upon an equivalent level of safety determination.
 All required permissions and permits will be obtained from the territorial state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate government agencies.

 If the UAS loses communications or loses its GPS signal, the UAS will have the capability to 

return to a predetermined location within the Security Perimeter and land.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §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 Part 21 Subpart H meets 

the requirements of an equivalent level of safety under 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 for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the 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 UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot or passenger, 

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

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by both the operator and under the requirements and in compliance with local public 

safety requirements. The FAA will have advance notice of all operations. These safety enhancements 

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

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of 

these same criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operations, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23(b): Marking of the Aircraft

The regulation requires:

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”, “lightsport”, “experimental”, or “provisional”, as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the proper word can be displayed. 

Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be placed 

on the fuselage in compliance with §45.29(f).
The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29(f) where the pilot, observer, and others working with the UAS will see the identification of the 

UAS as “Experimental”.

14 C.F.R. §61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 C.F.R. §61.113(a) and (b), 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. We 

may achieve an equivalent level of safety as achieved by current regulations because the applicant’s UAS 

do not carry any pilots or passengers nor property. The risks attendant to the operation of the UAS is far 

less than the risk levels inherent in commercial activities outlined in 14 C.F.R. 61. The PIC of the UAS will 

have the proper certifications.

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 will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety check lists 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 . . . (2) For which an 

Airplane of 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 materials, 

markings, and placards, or any combination thereof. The UAS, given its size and configuration has no 

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, 

but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it.

14 C.F.R. §91.103: Preflight Action.

This regulation requires each pilot in command 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. The PIC will take all actions including but not limited to reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §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 UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, an exemption may be needed to allow such operations. As set forth herein, the UAS will never 

operate at higher than 400 AGL.
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.” As the UAS may not have a barometric altimeter but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight.

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 UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 C.F.R. §91.151, UAS flights would be limited to approximately -5 

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight 

VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. §91.151(a) falls within the scope of prior 

exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed. Applicant believes that an equivalent 

level of safety can be achieved by limiting flights to 15 minutes or 75% of battery power – whichever 

happens first. This restriction would be more than adequate to return the UAS to its planned landing 

zone from anywhere in its limited operating area. 

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 UAS fully loaded weighs no more than 5 lbs and is operated without an onboard pilot. As such, there 

is no ability or place to carry certification and registration documents or to display them on the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS.

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. Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating handbook. An equivalent level of safety will be achieved because the 

UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited 

period of time. If mechanical issues arise the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the UAS 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.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer’s User Manual. As provided in the FOM, the operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance as needed.

In conclusion, 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 to grant the requested 

exemptions.

Questions or requests for additional information should be directed to:

Darrin Barker

218-428-7108

dbarker@finallisting.com

2301 Ogden Ave

Superior WI, 54880

Thank you,

Darrin Barker