**Dorothea Barr's Petition for Exemption Under Section 333** 

**_____________________________________________ ___________________________________** 

**________________________________________________________________________________**

**18**

**- Nov** 

**- 2015**  **Page 1**  November 17, 2015

U. S. Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave., SE Washington DC 20590

**Re: Exemption Seeking Relief from the requirements of Title 14 of the code of Federal Regulati ons**  **Sections 21; 45.23 (b); 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.103 (b); 91.109; 91.119 ; 91.121;**  **91.151 (a)&(b); 91.203(a)&(b); 91.405 (a); 91.407(a)(1); 91.409 (a)(1)&(a)(2); 91.417 (a)&(b) concer n**  **commercial operation of a DJI Phantom 1 unmanned aircraft system pursuant to section 333 of The FAA**  **Modernization and Reform Act of 2012 (Public Law 112**

**- 95).** 

To Whom This May Concern :

I, Dorothea Barr (the applicant), request an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the

FA A Modernization and Reform Act of 2012 from the requirements of 14 CFR § 21; 4 5.23(b); 61.113(a)&(b), 61.133(a); 91.7(a), 91.9(b); 91.103(b); 91.109; 91.119; 91.121, 91.151(a)&(b), 91.203(a)&(b); 91.405 (a), 91.407(a)(1), 99(a)(1)and (a)(2); 91.417(a)&(b). This exemption will permit the me to operate my small Unmanned Aircraft System's (sUAS) for the commercial purpose of conducting: aerial video and photography

of/for residential and commercial real estate for marketing/sales; home, business and infrastr ucture inspections; construction; architecture; environmental assessment; land surveying and mapping, general photograph y and private events.

I as an experienced pilot and sole operator of the named sUAS vehicle, consisting of one DJI Phantom 1, will

in crease public knowledge of sUAS and promote safe sUAS operations . The DJI Phantom 1 aircraft is GPS assisted for location based information, and includes a “Return to Home” safety feature in case of s ignal loss. I will perform all pre

- flight and post flig ht checks, and system/vehicle maintenance. All flights will be L.O.S. and will have a spotter as needed. All flights will maintain less than 400' A.G.L. The DJI Phantom 1 craft weighs less than seven (7) pounds with attachments and is battery operated, wh ich are quiet and will not disrupt surrounding neighbors and businesses. The DJI Phantom 1 aircraft also has a safety feature in the so ftware which will not allow it to spool up the motors if within a certain distance of Class A/B/C, etc.... airports.

The use of this aircraft is financially viable as the cost to the consumer is much less than hiring a f ull size aircraft and pilot. The aircraft is also safer and can access areas a full size aircraft can't. For home inspections, they also allow a total roof inspection without the need of ladders and harnesses, which also creates a safer and less costly option to the client.

This applicant is fully committed to safety with each flight. Approval of the exemption request wou ld permit the operation of a sUAS(s) in areas away from the general public, airports, heliports and vehicular traffic for the afore stated purposes.**Dorothea Barr's Petition for Exemption Under Section 333** 

**_____________________________________________ ___________________________________** 

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**- 2015**  **Page 2**  

### I. Contact Information:

Dorothea Barr 2039 Dewey Drive Stafford, VA 22554

703

- 586

- 7404 OpnShors@aol.com



### II. The Specific Sections of T **itle 14 of the Code of Federal Regulations From Which**

**Dorothea Barr Requests Exemption are:** 

1 4 C F R P a r

t 2 1 ; 1 4 C

. F

. R

. 4 5

. 2 3 ( b ) ;
1 4 C F R 6 1

. 1 1 3 ( a ) & ( b ) ; 1 4 C F R 61.133(a);

1 4 C

. F

. R

. 9 1

. 7 ( a ) ; 1 4 C

. F

. R

. 9 1

. 9 ( b ) ;
1 4 C

. F

. R

. 9 1

. 1 0 3(b); 1 4 C

. F

. R

. 9 1

. 1 0 9 ;
1 4 C

. F

. R

. 9 1

. 1 1 9 ; 1 4 C

. F

. R

. 9 1

. 1 2 1 ;
1 4 C

. F

. R

. 9 1

. 2 0 3 ( a ) & ( b ) ; 1 4 C

. F

. R

. 9 1

. 1 5 1 ( a ) & ( b ) ;
1 4 C

. F

. R

. 91.203(a)&(b); 1 4 C

. F

. R

. 9 1

. 4 0 5 ( a ) ;
1 4 C F R 4 0 7 ( a ) ( 1 ) ; 1 4 C F R 4 0 9 ( a ) ( 1 ) & ( a ) ( 2 ) ;

1 4 CFR 417(a) & (b)



### III. The Extent of and Reason For Relief: I, Dorothea Barr (the applicant), herein request pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, an exemption from the Federal Aviati on Regulations (“FARs”) listed below so that I may operate my small light weight unmanned aircraft system (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). The Reform Act in Section 332 provides for such integratio n of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. This DJI Phantom 1 light

- weight sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integratio n of my light

- weight sUAS is expressly contemplated by the Reform Act. The Reform Act guides the Secretary in determining the typ es of sUAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed

and overa ll capabilities of the sUAS's, whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS will be operated by line of sight 112 P.L. 95 § 333 (a). Each of these items weigh in favor for granting my exemption. The DJI Phantom 1 sUAS utilizes four (4) counter

- rotating propellers for balance, control and stability and is equipped with a GPS and auto return safety technology. Weighin g less than seven (7) pounds (far below the maximum 55 pound limit); including camera with gimbal.

I will operate the DJI Phamtom 3 in a safe manner, using the following checklists as well as operati ng procedures to determine that the aircraft is physically and electronically ready for safe flight and that permission from the property owner/re presentative is received:

**Pre**

**- flight Checklist:** 

Survey the property for hazards, such as trees, utility poles and other elements that might compromise the flight then make a judgment as to whether to proceed.
Check the weather for wind spee d, cloud cover and any forecast changes that might adversely affect flight safety and performance.**Dorothea Barr's Petition for Exemption Under Section 333** 

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**18**

**- Nov** 

**- 2015**  **Page 3**  Examine the aircraft

- looking at connections and searching for cracks and loose parts.
Determine that the electronic elements are performing co rrectly (receiving more than 6 GPS signals along with calibration of the magnetic compass).
Determine that the barometric altimeter reflects approximately 0 feet AGL.
Following takeoff, hover at an altitude of approximately 10 feet to assure t hat the Home Point is solid. Then exercise all controls to confirm their functionality, if one of the controls is not functioning, the flight will be terminated immediately.
Not fly over dense traffic or crowds.
Give right

- of

- way to any ma nned aircraft.
Stay clear of FAA controlled airspace at airports (generally a five nautical mile radius) as well as restricted and prohibited zones.
Fly no higher than 400' and no further than 1000' from the Home Point, recognizing that the primary responsibility is to safely keep the aircraft safely within VLOS.
Stay clear of clouds and fog (500' vertically and 2,000' horizontally).

**Post**

**- flight Checklist:** 

Inspect the sUAS to determine its physical and electronic condition.

Examine the aircraft

- looking at connections and searching for cracks and loose parts.



### IV. This Request Will Benefit the Public as a Whole: Aerial videography and photography has been around for a long time through manned fixed wing aircraf t and helicopt ers. For small budget companies and individuals, the expense of such aerial videography and photography is cost prohibitive. Only large companies and high

- income individuals can afford to absorb such expense. Manned aircraft pose a threat to the public thr ough potential catastrophic crashes resulting in a potential loss of life. My DJI Phantom 1 sUAS poses no such threat since size and lack of combustibl e fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the p ublic’s interest to integrate commercially flown sUAS’ into the national airspace system, hence the passing of the Refor m Act. In addition my light

- weight sUAS is battery powered and creates no emissions that can harm the environment.

Conducting aerial videography and photography with the DJI Phantom 1 sUAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated d uring traditional aerial video and still photography flight operat ions. By using battery power and electric motors, the DJI Phantom 1 sUAS produces no air pollution, and is the most viable environmentally conscious alter native to the cabin class, six cylinder internal combustion engine aircraft that are typically utilize d for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 1 sUAS, while reducing the carbon footprint of aerial acquisitions, also sharply reduces noise polluti on, as the sUAS is propell ed by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 1 sUAS to perform aerial videography and photography, the substantial risk to life and property in the air and on the ground, which is usually assoc iated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. The DJI Phantom 1 sUAS (weighing less than seven (7) pounds with attachments, with a length of less than 18 inches, and wit h no fuel on board) , has less physical potential for collateral damage to life and property on the ground, and in the a ir,**Dorothea Barr's Petition for Exemption Under Section 333** 

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**18**

**- Nov** 

**- 2015**  **Page 4**  compared to the manned aircraft that typically conduct similar operations (weighing approximately 6, 000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).



### V. This Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:
• This sUAS weighs less than seven (7) pounds complete with a small light

- weight high definition (HD)

ca mera. • This applicant only operates the sUAS below 400 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012). • This sUAS is landed prior to manufacturer recommended minimum level of battery power. • This sUAS is piloted through remote control/FPV only by line of sight. • This sUAS is equipped with GPS and several flight safety features whereby it hovers and then slowl y lands if communication with the remote control pilot is lost.

• The applicant only operates this sUAS in safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas. • The applicant conducts extensive pre

- flight inspections and protocol, during which safety carries primary importance. • The applicant obtains all necessary permissions prior to operation.



### VI. **Regulation Summary From Which The Exemption is Requested:**

1 4 C F R P a r

t 2 1 ; 1 4 C

. F

. R

. 4 5

. 2 3 ( b ) ;
1 4 C F R 6 1

. 1 1 3 ( a ) & ( b ) ; 1 4 C F R 61.133(a);

1 4 C

. F

. R

. 9 1

. 7 ( a ) ; 1 4 C

. F

. R

. 9 1

. 9 ( b ) ;
1 4 C

. F

. R

. 9 1

. 1 0 3 ( b ) ; 1 4 C

. F

. R

. 9 1

. 1 0 9 ;
1 4 C

. F

. R

. 9 1

. 1 1 9 ; 1 4 C

. F

. R

. 9 1

. 1 2 1 ;
1 4 C

. F

. R

. 9 1

. 2 0 3 ( a ) & ( b ); 1 4 C

. F

. R

. 9 1

. 1 5 1 ( a ) & ( b ) ;
1 4 C

. F

. R

. 91.203(a)&(b); 1 4 C

. F

. R

. 9 1

. 4 0 5 ( a ) ;
1 4 C F R 4 0 7 ( a ) ( 1 ) ; 1 4 C F R 4 0 9 ( a ) ( 1 ) & ( a ) ( 2 ) ;

1 4 C F R 4 1 7 ( a ) & ( b )

**14 C.F.R. 21: Certification Procedures for Products and Parts.** This section outlines requ irements for the issue of design and production approvals, airworthiness certificates, and other airworthiness approvals.

**14 C.F.R. § 45.23: Marking of the Aircraft.** Applicable Codes of Federal Regulation require aircraft to be marked according to certa in specifications. The applicant's, sUAS is, by definition, unmanned. Therefore does not have a cabin, cockpit or pilot sta tion on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft

with dimensi ons smaller that minimal lettering requirement. Regardless, the applicant, will mark the sUAS in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. § 45.29 (f) so that the pilot, will see the markings . The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.**Dorothea Barr's Petition for Exemption Under Section 333** 

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**- 2015**  **Page 5**  **14 C.F.R. § 61.113 (a) & (b), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges a**  **nd Limitations.** Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current o perations by requiring the PI C operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. T he risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, t hat allowing operations of the sUAS as requested with a private pilot as the PIC exceed s the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

**14 C.F.R. § 91.7 (a): Civil aircraft airworthiness.** 14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurem ent of necessary airworthiness c ertificates in relation to FAR § 91.203(a) (1). The size, weight and enclosed operational area of the applicants sUAS permits exemption from Part 21 because it meets (and exceeds ) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Sectio n 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUAS's from the airworthiness certif icate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. This applicant's, current sUAS’ meets or exceed each of the elements.

**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 or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in t he aircraft a

curr ent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only beca use there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

**14 C.F.R. § 91.109 (a): Flight Instruction.** Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS and remot ely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the

use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and f or flight instruction in experimental aircraft.

**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 compl ies with

any rou te or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a hel icopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 abo ve an elevated platform from which filming is pl anned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than**Dorothea Barr's Petition for Exemption Under Section 333** 

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**- 2015**  **Page 6**  400 AGL. The equivalent level of safety will be achieved given the size, weig ht and speed of the sUAS as well as the location where it is operated.

**14 C.F.R. § 91.121 Altimeter Settings.** This regulation requires each person operating an aircraft to maintain cruising altitude by referenc e to an
altimeter that is set “...to the elev ation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed.

**14 C.F.R. § 91.151 (a): Fuel Requirements for Fl ight in VFR Conditions.**  This regulation 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 sUAS provides app roximately 18 minutes of powered flight. To meet the 30

- m inute reserve requirement in 14 CFR § 91.151, sUASs flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS proposed f light area and the location of its proposed operations within a predetermined area, a longer tim e frame for flight in daylight or night VFR conditions is reasonable. Limiting sUAS flights to 10 minutes would greatly re duce the utility for which the exemption will be granted. An equivalent level of safety can be achieved by li miting flights to 20 minu tes or 25% of battery power whichever is reached first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

**14 C.F.R. § 91.203 (a)&(b): Carrying Civil Aircraft Certificat ion 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 certifi cate. . . . (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. T he sUAS, fully loaded, weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documen ts or to display them on the sUAS. An equivalent level of safety will be achie ved by keeping these documents at the ground control point where the PIC flying the sUAS will have immediate access to the extent they are applic able to the

sUAS.

**14 C.F.R. § 91.405 (a); 407 (a)(1); 409 (a)(1),(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) o f this section, have discrepancies repair ed as prescribed in part 43 of this chapter...” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft wit h an airworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because this sUAS is very limited in size and will carry a small payload and operate only i n restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately a nd will be operating from no higher than 400 feet AGL. The operator is the person most familiar with the aircra ft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.**Dorothea Barr's Petition for Exemption Under Section 333** 

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### THE APPLICABLE LEGAL STANDARD **UNDER SECTION 333:**
Approval of this exemption application advances the Congressional mandate in Section 333 of the Refo rm Act to accelerate the introduction of sUASs into the NAS if it can be accomplished safely. This law dire cts the Secretary of Transpor tation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Se cretary is required to determine which types of sUASs do not create a hazard to users of the NAS, the public, or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Ope ration of the UAS within visual line of sight of the PIC. Reform Act § 333 (a) (1). If the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe op eration of such aircraft in the national airspace system.” Id. § 333 (c). The Federal Aviation Act expressly gra nts the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exemptin g civil aircraft, a s the term is defined under§ 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 4470244716 of this title if the Administra tor finds the exemption is in the public interest. The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; a nd the significant public benefit, including enhanced safety and cost savings associated with use of UASs for aerial videography/photography, the reduction or elimination of unregulated operators, and the safe integration of UASs. Accordingly, the applican t respectfully requests that the FAA grant the requested exemption without delay.



### In summary, Dorothea Barr seeks FAA exemption approval: I herein affirm my request for this exemption for the commercial purpose of conducting aerial video and photography o f residential and commercial real estate for marketing/sale; home, business and infrastructure inspections; construction; architecture; environmental assessment; land surveying and mapping, gener al photography and private events. My business model is base d on the idea of offering ad hoc small sUAS services to individuals or companies who wish to employ these services as a safe, effective, and leg al option to enhance their business or hobby.

The requested exemption should be granted because the proposed o peration of the DJI Phantom 1, sUAS weighing less than seven (7) pounds, inclusive of battery and payload, conducted in the strict condi tions outlined above, will provide an equivalent or better level of safety, as Congress intended, while st ill allowing

c ommercial operations. The lightweight aircraft covered by the exemption is far safer than convention al operations conducted with helicopters and fixed

- wing aircraft operating in close proximity to the ground and people. The seven factors Congress directed the FAA to consider when approving Section 333 exemption**Dorothea Barr's Petition for Exemption Under Section 333** 

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**18**

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**- 2015**  **Page 8**  petitions

- size, weight, speed, operational capability, proximity to airports, proximity to populated areas, a nd operation within visual line of sight

- each support the request. In particular, the aircraft is small, and will operate at slow speeds, close to the ground, far from airports and in a low risk, low and controlled population

environment.

In closing, I respectfully request that the FAA grant my exemption request. Thank you for your time a nd consideration of this exemption request.

Respectfully submitted,

Dorothea Barr 2039 Dewey Drive Stafford, VA 22554

703

- 586

- 7404 OpnShors@aol.com