Northport Solutions LLC

1588 Northport Drive

Cicero, IN 46034

317-984-7752

 April 27, 2015

To whom it may concern at the FAA:

I currently have owned a DJI Phantom 1 for over 2 years and have approximately 200+ hours of 

accident free flight time as a hobbyist. Additionally I have over 50 years of experience with radio 

controlled model aircraft. I am a recently retired middle manager from the Electronics and Safety 

division of Delphi Automotive. In one of many assignments, I was the leader of the team that brought 

into high volume production the microprocessor that controlled the airbags used in automobiles. I fully 

understand the seriousness of safety.

I have been an avid photographer for many years and being able to fly a UAS with a camera has 

been a natural extension of my photography and videography. All of my work has been in visual line of 

site. I have no desire nor do I need to ever operate the UAS in any manner than within visual line of site.

I have recently upgraded to a larger DJI Inspire that will allow longer flight times and carry a 

better quality camera for still photos and videos. My plans are to pursue a commercial business venture 

to take still photos of private and commercial real estate along with producing videos of various items 

and events. In all cases I will receive permission from the land owners prior to any performed work and 

will always keep safety as the number one consideration when flying the UAS.

Michael Berry will be the only Pilot in Command using the UAS.

I will begin the petition for exemption below:

To the Federal Aviation Authority (FAA), 

I hereby request exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 

91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR).

I support my request with the following information:

I plan to operate a UAS, the DJI Inspire 1, which is comprised of an unmanned aircraft and a 

transportable ground station. The Inspire 1 is referred to as a quad-copter with a maximum gross weight 

of about 3 kilograms. It is equipped with four rotors that are driven by electric motors powered by a 
Northport Solutions LLC

1588 Northport Drive

Cicero, IN 46034

317-984-7752

battery. The UAS has a maximum airspeed of 22 m/s. The quad has a built in high definition camera. I 

plan to operate the UAS over various areas in central Indiana to enhance community awareness and 

augment real estate listing videos and photographs. I make the following representations of operational 

enhancements which I propose to abide by to ensure this exemption will provide a level of safety at 

least equal to existing rules:

• I will only operate in reasonably safe environments that are strictly controlled, and are away from 

power lines, elevated lights, airports and actively populated areas.

• I will conduct extensive preflight inspections and protocols, during which safety carries primary 

importance.

I state that given the size, weight, speed, and limited operating area associated with the aircraft to be 

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and 

(b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 

(Section 333).

I request an exemption from § 45.23 Marking of the aircraft because this UAS will not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, I state that two-inch 

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, I state that I will mark his UAS in the largest possible lettering by placing 

the word “Experimental” on its fuselage as required by § 45.29(f) so that he or anyone assisting him as a 

spotter will see the markings.

I state that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections may be required and should be granted since they only apply to aircraft with 

an airworthiness certificate. However, I state that as a safety precaution I will perform a preflight 

inspection of his UAS before each flight as outlined in my operating documents.

UAS Pilot in Command (PIC)

I assert that under § 61.113 (a) and (b) private pilots are limited to noncommercial operations, however 

I can achieve an equivalent level of safety as achieved by current regulations because my UAS does not 

carry any pilots or passengers. Further, I state that, while helpful, a pilot license will not ensure remote 

control piloting skills. I further indicate that the risks of operating a UAS are far less than the risk levels 
Northport Solutions LLC

1588 Northport Drive

Cicero, IN 46034

317-984-7752

inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus I request an exemption 

from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.

Regarding UAS operational training, I state I have flown numerous practice flights in remote areas as a 

hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of 

this UAS’ performance under different temperature and weather conditions. 

UAS Operating Parameters

I will abide by the following additional operating conditions under this exemption:

• Operate my UAS below 300 feet and within a radius distance of 1000 feet from the controller to both 

aid in direct line of sight visual observation.

• Operate the UAS for 3-7 minutes per flight.

• Land my UAS prior to the manufacturer’s recommended minimum level of battery power.

• Operate my UAS only within visual line of sight (VLOS).

• Use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly 

lands if communication with the remote control pilot is lost.

• Conduct all operations under my own personal and flight safety protocols (including posting a warning 

sign reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in the 

operating documents and will actively analyze flight data and other sources of information to constantly 

update and enhance my safety protocols.

• Contact respective airports if operations will be within 5 miles to advise them of my estimated flight 

time, flight duration, elevation of flight and other pertinent information.

• Always obtain all necessary permissions prior to operation.

• Have procedures in place to abort flights in the event of safety breaches or potential danger.

I state that § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. I assert 

that since there is currently no certificate applicable to my operation, this regulation is inapplicable.

I state that § 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no 

pilots or passengers on board his aircraft and given its size, this regulation is inapplicable. I further 

indicate an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS 

ground station.
Northport Solutions LLC

1588 Northport Drive

Cicero, IN 46034

317-984-7752

I state that § 91.119 prescribes safe altitudes for the operation of civil aircraft, but that it allows 

helicopters to be operated at lower altitudes in certain conditions. I state that I will not operate this UAS 

above the altitude of 200 feet above ground level (AGL) and will also only operate in safe areas away 

from the public and traffic, thus “providing a level of safety at least equivalent to or below those in 

relation to minimum safe altitudes. I assert that given the size, weight, maneuverability, and speed of 

my UAS, an equivalent or higher level of safety will be achieved.

I indicate that § 91.121 Altimeter settings is inapplicable since my UAS utilizes electronic GPS with a 

barometric sensor.

Public Interest

I state that aerial videography and photography for geographical awareness and for real estate 

marketing has been around for a long time through manned fixed wing aircraft and helicopters, but for 

small business owners, its expense has been cost-prohibitive. Granting this exemption to myself would 

allow me to provide this service at a much lower cost.

Further, I would like to indicate my small UAS will pose no threat to the public given its small size and 

lack of combustible fuel when compared to larger manned aircraft. I would also like to state that the 

operation of my UAS will minimize ecological damage and promote economic growth by providing 

information to companies or individuals looking to relocate or build in the Central, Indiana region. 

 (end of petition)

Additionally I have contacted my insurance carrier and once these exemptions are approved by the FAA 

to legally fly the UAS commercially I will be able to purchase damage and liability insurance for the UAS 

operations. 

Best regards,

Michael L. Berry