Vincent J. Barnhart 

A-G Advertising Graphics Inc. 

190 North Union Street Suite 100 

Akron, Ohio 44304 

November 11, 2015 

U.S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE Washington DC 20590 

Forward: In an attempt to make sure that I, Vincent J. Barnhart, am familiar and abiding by all flight standards, I've taken it 

upon myself to enroll, and complete Patricia Austin's "Curious About Flying" course at the Discover Aviation Center at 

Lorain County Regional Airport in Elyria, Ohio. Patricia Austin is an Advanced Ground Instructor who has nearly 30 years 

of flying experience and aviation knowledge and is the Owner of "Curious About Flying". Her course covered Federal 

Aviation Regulations (FARs), airspace denotations, chart reading, distinguishing and understanding radio transmissions, 

how to communicate with the control tower prior to flight, as well as many other topics. 

In addition to Patricia Austin's course, I've Jogged nearly 100 flights, covering about 50,000 Meters, equivalent to 

over 30 hours of flight time with my UAS at an extremely low altitude (5-10 feet) in an unobstructed field, learning control 

maneuvers, radio Joss contingency plans, as well as safety regulation checklists prior to every flight, without incident In 

addition, I've completed "Flight Training" tutorials preset within my UAS that would better familiarize me with all flying 

instruments, actions of the object itself, as well as it's maneuverability. It was important to me to learn every aspect of my 

UAS prior to leaving the ground anymore than my own height. 

Since regulations have changed, I have rejected work from many clients because my drone was not yet registered, 

and this paperwork not yet submitted, to be in accordance with FAA regulations. I have, however, contacted local law 

enforcement for the cities of Hudson, Stow, Akron, Cuyahoga Falls, Tallmadge, and Hartville, Ohio, to let them know of my 

services and availability (once FAA approval is granted) to donate my time in the unfortunate event of a missing person 

search. I wish to use my drone commercially, but also realize that flying is a privilege that will not only benefit my clients, 

but also the surrounding community in the state of Ohio. End Forward. 

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

from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 

91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 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) 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Vincent J. Barnhart owner 

of A-G Advertising Graphics, hereby applies for an exemption from the listed Federal Aviation Regulations to allow 

commercial operation of a small UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as my be established by the FAA as required by Section 333, for all operators of small Unmanned Aerial Systems 

(UAS) working for Advertising Graphics. 

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the 

following manner: 

1. Aerial photography and/or video for public andjor 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, and cinematography. 

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local 

government authority. 

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 the local authorities or government has requested it by contract or donation. 
As described fully below, the requested exemption would permit the operation of small UAS under controlled conditions in 

the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already 

safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " .... establish requirements 

for the safe operation of such aircraft systems in the national airspace system." 

The name, phone, email and address of the applicant: 

Name: A-G Advertising Graphics Inc. 

Phone: (330) 535-2525 

Email: vince@adgraphicsinc.com 

Address: 190 N Union Street 

Suite 100 

Akron, Ohio, 44304 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14CFR45.23 (b) 

14 CFR 61.113(a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

The small UAS's I will be using are multi-rotor craft weighing no more than 55lbs. including payload. Under normal 

conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability hover and move along a 

vertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted persons only 

obeying all other local and federal laws. 

Given the small size of the small UAS and the controlled environment provided the proposed operations will adhere to the 

Reform Act's safety requirements. The approval of this application presents no national security issues. Regarding the level 

of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but 

not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the 

applicant requests that the FAA grant the requested exemption with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

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 conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include: 

1. The small UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power 

reserve or 30 minutes of flight time whichever occurs first. 

4. Flights wiH be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet 
above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual Observer (VO) when 

needed and may include but not limited to a Camera Operator. 

6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight consisting of all the 

days' production activities. 

7. The PIC will obtain verbal/written consent of all persons involved with the planned operation and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based 

upon an equivalent level of safety determination, as required under the FOM. With the advanced permission or direction of 

the FSDO, operations at closer range may be approved. 

8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date information for the particular 

small UAS to be operated and will be able to show upon request their competent ability to operate the small UAS and/or 

Camera. 

9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, 

including law enforcement, fire or other appropriate governmental agencies when needed. 

11. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a predetermined location within a designated location and land autonomously. 

12. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. 

13. Within the flight system programming of the DJI Phantom 3, the UAS will not allow a pilot to travel above 400 feet, 

regardless of the pilots wishes. In addition to these FAA guidelines being programmed into the Phantom 3 UAS, the UAS is 

programmed to be unable to lift off if it is within the five miles radius of an airport. Being that these are programmed into 

the flight system of the UAS, I believe this makes it extremely safe. 

15. In the unlikely event of an unscheduled landing/crash, this UAS poses no threat of fire to land or wildlife as the UAS 

does not contain any combustible fuel, but is powered by DJI LiPo battery. 

14 C.F.R. Part21, 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 small UAS. In all cases, an analysis of these criteria demonstrates that the small 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 small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor 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. 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 small UAS, due to its size, speed of 

operation, 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," "light-sport," "experimental," or "provisional," as applicable. 

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have 
no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the 

small UAS, two-inch lettering will be impossible. The word "Experimental" as well as theN Number registered with this 

aircraft (N1227V) will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the small UAS will see the identification of the small UAS as "Experimental- N1227Y". 

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

Pursuant to 14 CFR 61.113 (a), 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. Our small UAS do not carry any pilots or passengers nor 

property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure 

remote control piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels inherent in 

the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the 

safe operation of the small UAS. 

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 checklists 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 or 

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 material, markings, and placards, or any combination thereof. The 

small 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 small 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 OPERATOR will 

take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. Prior to flight, without exception, calibration of the GPS system will be 

achieved by the PIC. Prior to flight, without exception, PIC will not take off without a "Safe to Fly" reading on the UAS 

remote which is achieved by calibrating the UAS with up to (at least) 8 satellites which helps control flight regardless of 

wind or other external interference. In addition to these features, this UAS is programmed, in the event of a lost signal to 

the RC, to return back to "home" which is established from it's takeoff point prior to every flight. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 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. Small UAS and remotely 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 for flight instruction in experimental aircraft. The equivalent 

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the 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 complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS will never operate at 

higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point 
on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the 

size, weight, speed of the small UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because ofthe advance notice to the property owner and participants 

in the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein 

and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the small UAS will ensure 

separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 

91.119. 

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 small 

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. Programmed beneath the UAS is an 

onboard sonar system which will allow PIC to see accurate elevation of the UAS as well as extremely accurate GPS location 

(within 

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

minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 10 minutes in length. 

Given the limitations on the small 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 CFR §91.151 {a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151{a) was intended 

to alleviate given the size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly 

reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 30 minutes or 25% of battery power-whichever happens first. This restriction would be 

more than adequate to return the small 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 airworthfness 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 small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such, there is no 

ability or place to carry certification and registration documents or to display them on the small UAS. 

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

flying the small UAS will have immediate access to them; to the extent they are applicable to the small 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 section 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 these small UASs are very limited in size and will carry a 

small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the small UAS can 

land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a Jog 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 small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM}. As provided in the FOM, the 

operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance 

needed. 

Small UAS Information 

Small UAS's to be used are as follows but not limited to providing they are within the scope of the exemption granted by 

the FAA: 

DJI Phantom 3 

• Weight (Battery & Propellers Included)- 2.8211bs. 

• Hover Accuracy- Vertical:+/-.33ft (when Vision Positioning is active) or +/-1.64ft 

Horizontal: + /-4.9 ft 

• Max Yaw Angular Velocity- 200° js 

• Max Tilt Angel - 35° 

• Max Ascent Speed- 16 ft/s 

• Max Descent Speed- 9 ft/s 

• Max Flight Speed- 36m ph 

DJI Phantom 3 Transmitter 

• Operating Frequency- 2.400GHz - 2.483GHz 

• Communication Distance (unobstructed)- FCC Compliance: 2400 ft 

• Receiver Sensitivity (1 %PER) -101dbm + /-2dbm 

• Transmitter Power -FCC Compliance: 20dbm 

CE: 16dbm 

DJI Phantom 3 Battery 

• DJI 4480mAH LiPo Battery 

HD Video Recording (Field of View -110° /85°) 

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 

• FHD: 1920x1080p 24/25/30/48/50/60 

• HD: 1280x720p 24/25/30/48/50/60 

DJI Phantom 3 Gimbal 

• Controllable Range-Pitch -90 degrees to +30 degrees 

• Stabilization-3-axis (pitch, roll, yaw) 

DJI Phantom 3 Camera 

• Operating Temperature Range -32°F -104°F 

• Sensor Size -1/2.3 in. 

• Effective Pixels -14M 

• Resolution -4384x3288 

Conclusion 

Thank you for the consideration of these exemptions, 

Sincerely, 

Vincent J. Barn art 

Owner /Operator /PIC 

A-G Advertising Graphics Inc.