Barling Photography

Stephen Barling, Owner

1429 Briarcliff Ave.

Charlottesville, Va. 22903

434-806-3696

September 3, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

Washington, DC 20590

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

Aviation Regulations

To Whom it May Concern,

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

and 14 C.F.R. Part II, Barling Photography seeks exemption from the Federal Aviation

Regulations below to allow for commercial operation of an unmanned aircraft system for the

purposes of real estate, architecture, construction and more. Barling Photography is an

architecture and real estate photography company, established in 2010, that seeks to operate

legally, offering aerial photography, among other services, to real estate agents, architects,

builders, property owners and other companies, organizations and institutions.

Extent of Relief

14 CFR Part 21 subpart H

I request exemption based on the size, weight, speed, and limited operating area associated

with the aircraft. It carries neither pilot nor passenger and no explosive materials or flammable

liquids. In the restricted environment and under the conditions proposed, operation will be as

safe, or safer, than a conventional aircraft.

14 CFR 91.7 (a)

No FAA regulatory standard currently exists for determining airworthiness of this aircraft. Nor is

there an appropriate airworthiness certificate. With exemption, the pilot in command will be

responsible for determining whether the aircraft is in condition for safe flight.

Barling Photography, September 2015
14 CFR 91.9 (b) (2)

Given its size, the aircraft does not have the ability to carry a flight manual, nor does it carry any

pilot or passenger to reference one. An equivalent level of safety will be maintained by keeping

the flight manual at ground control where the pilot in command will have immediate access to it.

14 CFR 91.103

Exemption is requested because FAA-approved flight manuals are not available for the aircraft.

Standard pre-flight procedures will include: aircraft inspection, review of weather forecasts,

assessment of aircraft battery level, inspection of takeoff/landing locations and more.

14 CFR 91.105

Exemption requested: does not apply because the aircraft does not carry crewmembers.

14 CFR 91.109

Exemption is requested because the UAS does not have fully functional dual controls. Flight

control is achieved through the use of a remote controller that communicates with the aircraft via

radio communication. The equivalent level of safety is ensured because the aircraft carries

neither pilot nor passengers.

14 CFR 91.119 (c)

Exemption is requested because the aircraft will not fly above 400 feet and will not fly over

highly populated areas.

14 CFR 91.121

The aircraft uses electronic GPS with a barometric sensor for altitude readings. Exemption is

requested because it does not have an altimeter.

14 CFR 91.151

Exemption requested: does not apply because the aircraft does not run on fuel.

14 CFR 91.203 (a) and (b)

Given its size, the aircraft does not have the ability to carry registration documents, nor does it

carry any pilot or passenger to reference one. An equivalent level of safety will be maintained by

keeping these documents, to the extent that they are applicable, at ground control where the

operator will have immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

Given these sections only apply to aircraft with an airworthiness certificate, they not apply to this

applicant. For safety, standard pre-flight inspections/procedures will be performed before each

flight.

Barling Photography, September 2015
The Unmanned Aircraft System

The Aircraft: A Phantom III Professional, manufactured by DJI. It is a battery-operated

quadcopter that weighs 2.8 lb (gross weight, fully equipped) and has a maximum speed of 33.5

mph. Maximum flight time for the aircraft is 25 minutes. It carries the following equipment in

flight:

● A flight computer with GPS navigation that receives flight control signals from a

ground-based transmitter/controller. The computer has the ability to send flight data to

the on-board radio transmitter including altitude, horizontal and vertical speed, compass

direction of flight and direction back to its launch site.

● A camera capable of capturing images in the form of full color, 4K definition video and

12mp still photo images.

● A 2.483 GHz on-board radio transmitter that transmits live video from the on-board

camera to the ground station, as well as flight data including altitude, horizontal and

vertical speed, compass direction of flight and direction back to its launch site.

The Ground Station: A 2.483 GHz radio receiver/controller, operated by the pilot in command to

control the aircraft from launch to landing.

Public Interest

Granting this exemption is in the public’s best interest in the following ways:

● Use of the UAS will support local commerce, leading to economic growth. Safe, efficient,

affordable aerial photography allows property owners and real estate agents greater

perspectives on private and commercial properties, thereby greatly enhancing their

marketing tools.

● Use of the UAS for aerial photography, will enhance safety and reduce the

environmental impact as compared to similar operations conducted with manned aircraft,

carrying a crew and flammable fuel.

● Aerial inspections of construction/building sites will increase work site efficiency, reduce

risk and improve workplace safety.

Safety

The DJI Phantom III Professional meets the definition of "small unmanned aircraft" found in

section 331 of The Reform Act. Standard safety precautions may include, but are not limited to:

● regular performance of preflight safety inspections/procedures

● maintaining records of flight information (flight logs)

● The aircraft will be operated within visual line-of-sight at all times

● no operations within 5 miles of an airport, unless proper permission has been obtained

Barling Photography, September 2015
● areas to be flown/photographed are predetermined, allowing time for careful inspection

of the terrain before take-off

● all operations to take place during daylight hours

● built in GPS allows for automatic “return-to-home” in the event of low battery or loss of

communication.

● all operations to occur in FAA Class G airspace at no more than 400ft.

Liability insurance will be obtained upon receipt of exemption.

Summary

Barling Photography is seeking relief from the Federal Aviation Regulations above to allow

commercial operation of an unmanned aircraft system for purposes of real estate, architecture,

construction and more. Given the size, weight, speed, and limited operating area associated

with the aircraft I find this exception to be safe and reasonable.

Please let me know if I can provide further information. I look forward to your decision.

Sincerely,

Stephen D. Barling III

Barling Photography

Barling Photography, September 2015