Eric	Barker 					05	February	2016

Full	Motion	Aerial	Photography

Fort	Mitchell,	AL	36856

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE. Washington, DC 20590 

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

Federal Aviation Regulations 

Dear	Sir	or	Madam,

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

“Reform	Act”)	and	14	C.F.R.	Part	11,	Eric	Barker: Full	Motion	Aerial	Photography,	

seeks	an	exemption	from	Federal	Aviation	Regulations	(“FARs”)	detailed	below	for	

(1)	DJI	Phantom3	quadcopter	manufactured	by	DJI	Innovations.	

The	requested	exemption	would	support	an	application	for	a	commercial	Certificate	

of	Authorization	to	use	the	system	to	support	aerial	photography	and	videography.	

The	DJI	Phantom3	(3lb)	consists of	a	battery-operated aircraft,	a	tablet-based	

ground	control	station	and/	a	RC	Controller,	and	associated	communications	

equipment.	The	aircraft	carries	an	onboard	geo-referenced	gimbaled	camera	that	

allows	it	to	obtain	photography	and	videography.	

The	Unmanned	Aircraft	System	will	be	operated	in	the	field	with	a	PIC	in	accordance	

with	FAA	Policy	N	8900.227	Section	14	"Operational	Requirements	for	UAS".Eric	

Barker:	Full	Motion Aerial Photography respectfully	requests	the	grant	of	exemption	

allowing	to	operate	lightweight,	remote	controlled	UAS	lawfully	and	safely.	

Full	Motion	Aerial	Photography also	respectfully	requests	Exemption	Request	

Section	333	from	(but	not	limited	to)	the	Specific	Sections	of	Title	14	of	the	Code	of	

Federal	Regulations	and	part	ll	of	the	Federal	Aviation.	Regulations	listed	below:

14	C.F.R.45.23(b);	14	CFR	Part	21;	14	CFR	61.113	(a)	&	(b);	91.7	(a);	91.9	(b)	(2);	

91.103(b);	91.109;	91.119;	91.121~	91.151(a);	91.203(a)	&	(b);	91.405	(a);	

91.407(a)	(1);	91.409	(a)	(2);	91.417	(a)	&	(b)

The	extent	of	relief	Full	Motion	Aerial	Photography seeks	and	the	reason	why:	Eric	

Barker:	Full	Motion	Aerial	Photography is	seeking	relief	from	any	applicable	FARs	

operating	to	prevent	Full	Motion Aerial Photography from	conducting	aerial	shots	of	

real	estate	and	other	possible	legal	flight	operations.	The	weight	of	the	UAS	meets	

the	definition	of	''small	unmanned	aircraft” found	in	section	331	"The	Reform	Act”.		

Full	Motion Aerial Photography	seeks	to	operate	legally	as	a	small	business	that	

caters mostly	to	real	estate	agents.	Realtors	are	not	allowed	to	use	unmanned	
aircraft or	hire	unless	they	or	the	person	they	hire,	is allowed	by	the	FAA	to	fly	a	

UAS.	Full	Motion Aerial	Photography would	satisfy	the	need	for	safe	and	affordable	

aerial	shots.	

At	3	pounds,	Full	Motion Aerial Photography	uses	unmanned	aircraft	that	are

considerably	less	than	55	pounds	including	the	camera that	is	attached.	The	UAS	

will	be	used	at	speeds	under	35	mph	because	of	the	nature	of	the	business	and	the	

limited	physical	capabilities	of	the	UAS.	It	is	designed	to	hover	and	take	pictures.	

The	UAS	will	be	in	accordance	with	flying	well	below	400ft.The	UAS	in	which	Full	

Motion	Aerial	Photography	would	be	using	only	utilizes	battery	power	for	its	

operations.	There	are	no	combustible	fuels	used	in	the	UAS	that	Full	Motion	Aerial	

Photography	uses.	The	maximum	flight	time	for	our	particular	UAS	is	23	minutes.	It	

will	fly	no	more	than	20 minutes	maximum	at	one	time	at	one	location.	The	amount	

of	time	the	UAS	will	be	in	the	air	is	very	minimal and	will	never	climb	above	400	ft.	

A	safety	system	in	place	for	Full	Motion	Aerial	Photography’s UAS	includes	a	GPS	

mode	that	allows	the	UAS	to	return	home	if	communication	is	lost.	Further,	the	GPS	

onboard	allows	the	UAS	to	return	back	to	its	launched	position	if	the	battery	life	of	

the	UAS	is	low.	

THE	GROUND CONTROL STATION	(PART	OF	THE	SYSTEM):

There	will	be	a	Pilot	in	Command	(PIC)	with	operational	control	of	a	flight	operation	

from	beginning	to	end	and	who	controls	the	UAS	while	in	the	air.	Additionally,	the	

line	of	site	of	the	UAS	will	not	leave	the	sight	of	the	PIC.	

A	2.4GHz	radio	transmitter/controller	operated	by	the	PIC	to	control	the	U.AS	while	

in	flight;A	radio	receiver	receiving	live	video	and	flight	data	from	the	on-board	

camera	and	computer.	It	projects	everything	in	one	screen	to	the	Pilot	in	Command.

The	UAS,	weighing	less	than	7lbs	fully	loaded,	is	powered	by	batteries	and	operates	

with	no	people	on	board	which	lowers	the	likelihood	of	death	or	serious	bodily	

injury.	With	a	small	payload	consisting	of	harmless	electronics	such	as	a	camera	and	

GPS,	the	UASs	only	purpose	is	to	be	used	as	a	tool	to	take	pictures	and	videos.	

Low-level aerial	photos	and	video	from	several	angles	are	far	more	effective	than	

ground	based	photos.	Low-level aerial video	and	pictures	show	the	layout	of	

properties	with	the	advantage	of	seeing	more	in	one	photo	or	short	video.	Current	

applicants	have	used	helicopters	and	small	planes	for	this	purpose	but	the	cost	of	

fuel,	time,	and	emissions	of	such	aircraft	is	not	efficient for	most	customers	to	afford.	

The	benefits	of	reduced	cost	and	improved	efficiency	of	the	UAS	allows	future	

customers	to	afford	this	service	with	a	faster	turnaround	time	at	a	lesser	cost.	

Additionally,	I	respectfully	request	that	Full	Motion	Aerial	Photography be	allowed	

to	use	the	UAS	to	benefit	possible	first	responders	in	our	local	area	for	actions that	

could	benefit	the	public.	
Full	Motion	Aerial	Photography	will	not	operate	a	UAS	near	airports	and	generally	

does	not	fly	over	crowds.	Situational	awareness	is	most	important.	The	areas	where	

Full	Motion	Aerial	Photography	operates is	predetermined	which	allows	for	a	

controlled	environment	to	operate	safely.	

With allowing	Full	Motion	Aerial	Photography to	conduct	business	with	a	light	

weight	UAS; it	could	very	well	help	the	economy	and	benefit	people	in	first	response	

situations.	Further,	Full	Motion	Aerial	Photography’s	UAS	is	considerably	lighter	

than	the	alternative which	is	a	helicopter	or	small	plane.	Currently,	Full	Motion	

Aerial	Photography	has	one UAS,	which only operates	off	23 minutes	of	battery	

power.	Therefore,	the	UAS	used	by	Full	Motion would	only	have	a	flight	time	of	5	-

20 minutes	at	one	time.	The	likelihood	of	injury	or	even	death	with	such	a	smallunmanned aircraft,	compared	to	an	aircraft	flown	by	a	person	loaded	with	

combustible	fuel,	is	considerably	low.

SUMMARY:	

Full	Motion	Aerial	Photography	is	more	than	willing	to	follow	the	safety	guidelines	

of	the	FAA	Policy	N	8900.227	Section	14	"Operational	Requirements	for	UAS's with	

the	appropriate	exemptions	for	flying	a	small	UAS.

A-No	flight	will	be	made	with	an	unmanned	aircraft	gross	weight	exceeding	55lbs	

B- All	operations	must	occur	in	FAA	Class	G	airspace	at	no	more	than	400	ft.	AGL,	at	

an	airspeed	of	not	more	than	25	knots	and	no	further	than	3/4	NM	from	the	Pilot	In	

Charge

C- Operations	will	be	restricted	to	flights	over	private	property	with	the	permission	

of	the	property	owner	

D- All	required	permits	would be	obtained	from	state	and	local	government	prior	to	

operation

E- The	UAS	will	not	be	operated	over	densely	populated	areas

F- The	UAS	will	not	be	operated at	air	shows

G- The	UAS	will	not	be	operated	over	any	open-air	assembly	of	people	

H-The	UAS	will	not	be	operated	over	heavily	trafficked	roads	

I-The	UAS	will	not	be	operated	within	5	NM	of	an	airport	or	heliport	

J- Operations	will	be	restricted	to	day	only	and	weather	conditions	equivalent	to	

VFR

K- The	PIC	will	notify	property	owner	about	the	operation	and	risk	before	the	first	

flight	at	each	new	location
L- No	flight	may	be	made	without	a	Pre-Flight	inspection	by	the	PIC	before	each	

operation	to	ensure that	the	UAS	is	in	a	condition	safe	for flight.	Full	Motion	Aerial	

Photography’s	operations	are	above	the	bare	minimum	safety	guidelines and will	be	

followed.		Full	Motion	Aerial	Photography	is	also	more	than	willing	to	follow	any	

additional	safety	requirements	if	not	listed	above. Preflight	inspection	can	be	found	

in	Appendix	A.		Full	Motion	Aerial	Photography believes	flying	its	UAS	as	a	small	

business	within	the	safety	parameters	of	the	FAA	can	help	people	and	promote	the	

economy.

The	name	and	contact information	of	the	applicant	is:	Full	Motion	Aerial	

Photography	Attn;	Eric	Barker:	931-257-8685	Email:	

fullmotion.ap@gmail.com.Full	Motion	Aerial	Photography respectfully	requests	

that	the	FAA	grant	its	exemption	request	without	delay.	I	very	much	appreciate	your	

time	and	look	forward	to	operating	in	a	safe	and	organized	environment.		Thank	

you.	

Very	Respectfully,	

Eric	Barker	

Full	Motion	Aerial	Photography	

931-257-8685

APPENDIX A

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged

2. Propellers are mounted correctly and firmly

3. Micro-SD card has been inserted if necessary

4. Gimbal is functioning as normal

5. Motors can start and are functioning as normal

6. DJI GO app connected to the aircraft

TO REGAIN CONTROL AFTER LOST LINK

If radio link is lost and not restored within 3 seconds, an automatic Return to 

Home feature is activated and will bring the UAV back to the PIC.