US Department of Transportation Exemption Request 

Pursuant to Section 333 of the FAA Reform Act

September 9, 2015 

Petitioner 

Matthew Beardsley 

DBA Matt Beardsley Creative 

4629 Meldon Ave 

Oakland CA 94619 

510-915-7141 

matt@himatt.com 

U.S Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Dear Sir or Madam, 

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

“Reform Act”) and 14 CFR Part 11, Matthew Beardsley, DBA “Matt Beardsley Creative,” 

operator of Unmanned Aircraft Systems (UAS), herby applies for an exemption from the 

listed Federal Aviation Regulations to allow commercial operation of designated UAS, 

provided such operations are conducted within and under the conditions outlined herein 

or as may be established by the FAA as required by Section 333 

 He has years of experience safely and responsibly operating a small unmanned 

remote-control multi-rotor. He is seeking an exemption from these specific requirements 

of Title 14 C.F.R.: 

I. 61.113(a) and (b) 

II. 91.7(a) 

III. 91.119(b) and (c) 

IV. 91.121 

V. 91.151(a) 

VI. 91.405(a) 

VII. 91.407(a)(1) 

VIII.91.409(a)(1) and (2) 

IX. 91.417(a) and (b) 

Thank you for your time and consideration, 

Matthew Beardsley 

Matt Beardsley Creative
The Small Unmanned Aerial System (sUAS) described herein in smaller, lighter, and more 

maneuverable than conventional aircraft running on combustible fuel, operates at lower 

altitudes with no people on board and will thereby reduce current risk levels, enhance 

safety and diminished the likelihood of death or serious bodily injury. With a small payload 

and maximum flight time of only 18 minutes, this offers little or no risk to national security. 

Commercial operation of a sUAS, as described herein, would provide professional services 

in the following areas: 

 I. Aerial video for clients of my studio, primarily the communications offices of 

universities, communications and marketing offices of local non-profit organizations. I 

produce video content for these clients, and hope to use aerial footage as part of my work. 

 II. Aerial video and photography for marketing and promotion. I provide content for 

the Websites of several businesses and hope to expand the services I provide to include the 

commercial use of the sUAS systems I currently use recreationally. 

 III. Aerial cinematography for television and film production. I produce 

documentary films and hope to incorporate aerial footage in future productions 

As described fully below, the requested exemption would permit the operation of 

designated sUAS as set forth in this document under controlled conditions in the NAS that 

would be limited, controlled, predetermined, and safe. 

The name and address of the applicant is: 

Matthew J. Beardsley, DBA Matt Beardsley Creative 

Phone: 510-915-7141 

Email: matt@himatt.net

Address: 4269 Meldon Ave., Oakland CA 94619
Aircraft 

DJI Inspire 1 

 A. Weight (including battery, camera, and propellers): 6.47 lbs 

 B. Diagonal Size (including Propellers): 22.87” 

 C. Max Ascent Speed: 11.2 mph 

 D. Max Decent Speed: 9 mph 

 E. Max Flight Time: ~18 minutes 

 F. Remote Controller Operating Frequencies: 2.400 - 2.483 GHz, 5.725 - 5.825 GHz 

 G. Auto Takeoff: On command, rises to a pre-set height, holds position, and awaits 

further RC input 

 H. Auto Return Home: Returns to GPS-defined home point and lands 

 I. Low Battery Failsafe: The Inspire has 2 user-defined low battery warnings: 1st 

warning (30% battery remaining), visual and audible alerts; 2nd warning (10% battery 

remaining), auto return home and land. 

The DJI Inspire One, manufactured by DJI Innovations, is a lightweight 4 electric motor/

rotor, battery operated, quadcopter with a 6.47 lb. gross weight that takes off and lands 

vertically. The Inspire 1 as a length of 17.3 inches, width of 17.3 inches, height of 11.8 

inches, and a maximum speed of approximately 42 knots. Its avionics suite contains an onboard flight computer with GPS navigation and an Inertial Measurement Unit (IMU) based 

attitude stability system. Also included in a barometric altimeter sensor, compass unit, 

ultrasonic altimeter, and downward-facing vision positioning camera. An on-bard 

processor receives signals for flight and camera control from a ground-based transmitter/

controller/ground station device. An on-board telemetry system delivers flight data from 

the flight computer to the downlink radio transmitter to provide the Pilot in Command (PIC) 

with information such as altitude, AGL, horizontal and vertical speed, compass direction of 

flight, bearing and distance to the controlling station, battery status, flight mode, GPS signal 

strength, datalink status, GPS position, and control signal strength. This data is displayed to 

the PIC via the “DJI Go” App running on a tablet computer. 

The Ground Control Station/Controller 

The DJI Inspire 1 uses a series of components to comprise the Ground Control Station. The 

first and primary component of the ground control station is a handheld radio control (with 

an optional second radio for the camera operator to control the Inspire’s camera). The 

radio control provides a user interface for flight attitude and altitude commands 

augmented by the sUAS’s onboard IMU and GPS-aided stabilization system. The radio 

control also has options for switching flight modes, controlling the sUAS’s attached camera 

and gimbal, and triggering the sUAS’s Return-to-Home auto-land function. The Datalink 

segment is comprised of an uplink transmitter command/control link using a frequency 

range of 2.400 GHz to 2.483 GHz with a power output of approximately 125mW. The uplink 

sends flight and camera commands to the sUAS’s autopilot which then processes the 
commands along with sensor inputs to manipulate the motor speed controllers and 

provide the desired response. The downlink transmitter on the sUAS operates using a 

frequency range of 5.72 8GHz to 5.825 GHz and an output power of approximately 25mW. 

The downlink transmitter provides live video from the on-board camera plus all the sUAS’s 

flight data described previously. Downlink data and video is received by the pilot controller 

and optional camera controller which is then displayed to the PIC and optional Camera 

Operator via a tablet computer app called “DJI Go” and provides a heads-up display of 

pertinent flight data and sUAS status reports. Both the uplink and downlink transmitters 

have been tested and comply with part 15 of the FCC rules for a class B digital device. 

Documentation 

The following documents are attached and provided to support this petition: 

 I. DJI Inspire 1, Manual Version 1.4 

 II. DJI Inspire 1, Maintenance Manual, Version 1.0 

Public Interest 

 I. My production studio is a small business based in Oakland, CA, and provides a 

unique service to many clients, primarily universities and non-profits in the area, but also to 

other businesses. Incorporating low-angle aerial imagery into communication, editorial, 

and marketing materials is of great benefit to my clients, increasing the value of their 

efforts to educate the community and to fund important programs. 

 II. I produce documentary and educational content and the use of aerial imagery 

(produced, when safe to do so, well below 400-feet AGL) is of tremendous value in 

increasing the information communicated, and the beauty in which it is communicated. 

 III. I’ve spent years learning to safely and responsibly control an sUAS and now that 

the technology is very quickly gaining in popularity, I find myself a frequent advocate for 

safe use, responsible planning, and knowing and following rules and regulations. 

 IV. My production studio is a small business based in a low-income community. By 

using the sUAS control skills I’ve developed recreationally for commercial gain, I am able to 

contribute to my community financially by paying income tax, hiring camera operators, 

editors, musicians, and graphic designers, and others. I plan to make safe and responsible 

sUAS use an important component of my studio’s income in the years to come. 

Public Safety 

 I. The use of an sUAS for filming and photography has less impact on noise, fuel use, 

and risk to people and property than a manned, full-size helicopter. Safe and responsible 

sUAS use is also a more cost-effective solution for aerial content creating when compared 

to a manned, full-size aircraft. 

 II. The small size and weight, limited altitude, and operation within VLOS all prevent 

the sUAS from presenting significant danger to people and property. 

 III. The use of batteries in place of combustible fuel significantly decreases the risk 

for causing harm. 
Operational Parameters 

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 UAS will weight significantly less than 55 lbs. 

 2. The UAS, depending on the model in operation, will have a maximum operating 

speed of no more than 50mph. 

 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO). 

 4. Maximum flight time for each operational flight will be depending on the UAS 

model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% 

battery power reserve or 30 minutes of flight time, whichever occurs first. 

 5. Flights will 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. 

 6. Minimum crew for each operation will consist of the UAS Pilot and at least one 

Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 

 7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have 

logged a minimum of 20 hours on the designated UAS. 

 8. A safety briefing will be performed prior to each day’s flights consisting of all the 

days’ production activities. 

 9. All flight activities will be logged. 

 10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) 

only. 

 11. The flights will occur in Class G airspace no closer than a 5-mile radius of the 

geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport. 

 12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 

 13. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate local Flight Standards District Office (FSDO) 

no more than 72 hours but no less than 48 hours from planned operation. 

 14. The operator 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 feed based upon an equivalent 

level of safety determination, as U.S. Department of Transportation required under the 

FOM. With the advanced permission of the FSDO, operations at closer range may be 

approved. 
 15. The PIC and VO will have been trained in operation of UAS and receive up-todate information for the particular UAS to be operated 

 16. The PIC and VO will be able to communicated by voice and/or radio at all times

 17. Written and/or verbal permission and permits will be obtained from territorial, 

state, country, or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies as appropriate to flight operations. 

 18. If the UAS loses communications with the remote controller or loses GPS signal, 

the UAS will have the capability to return to a pre-determined location within a designated 

location and land autonomously. 

 19. The UAS will have the capability to abort a flight in case of emergencies with an 

automated “Return Home and Land” function. 

 20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies such as low battery. 

Preflight Checklist, DJI Inspire 1 

Departure 

 -Batteries fully charged 

 -Tablets charged and up-to-date with firmware and app version 

 -Cables 

 -Micro SD cards ready 

 -Check maps for location of planned flight 

 -All components in good order and well-packed 

Pre-Flight 

 -Notify appropriate people, verbal/written consent given 

 -Check weather, visibility, and wind 

 -Check for obstacles to avoid and clear landing area of small debris 

 -Power on radio remote control 

 -Power on tablet and app 

 -Set antennae 

 -Power on Inspire 1 

 -Exit Travel Mode (extends landing gear for safe takeoff) 

 -Power off Inspire 1 

 -Install camera and ND/UV filter as needed 

 -Insert Micro SD card 

 -Attach propellers 

 -Power on Inspire 1 

 -Check status on tablet screen and wait for good GPS lock 

 -Check battery status on tablet 

 -Check card space on Micro SD card 

 -Set camera settings 

 -Take off, test hover, test controls 
Post-Flight 

 -Land 

 -Disarm motors 

 -Remove camera and replace protective caps 

 -Enter Travel Mode 

 -Power off Inspire 1 

 -Power off tablet 

 -Power off radio remote control 

 -check and pack all components 

Specific Sections of C.F.R. From Which Matthew Beardsley Seeks Exemption 

I. Section 61.113(a) and (b) - Private Pilot Privileges and Limitations 

Section 61.113 states that no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire: 

nor may that person, for compensation or hire, act as pilot in command of an aircraft. The 

sUAS will not carry a pilot or passengers. Then the stated operations can achieve the 

equivalent level of safety by requiring the PIC operating the aircraft to have completed 

Private Pilot Ground school instruction and passed the FAA Private Pilot written exam to 

operate these sUAS. These sUAS are not capable of carrying a pilot or passengers, 

therefore distinguishing them as remotely controlled vehicles. The area of operation is 

controlled and restricted providing a sound level of safety referenced from the operations 

manual. The risk associated with the operation of a sUAS are greatly reduced with a private 

pilot acting as PIC thus exceeding the present level of safety achieved by section 61.113 

II. Section 91.7(a) Civil Aircraft Airworthiness 

While UAS will not have an airworthiness certificate in accordance with 14 C.F.R. part 21, 

Subpart H, the airworthy condition of the UAS will be the responsibility of the PIC in 

accordance with 14 C.F.R. section 91.7(b) 

III. 14 C.F.R. Section 91.119 - Minimum Safe Altitudes 

Section 91.119 states persons may operate a helicopter at less than the minimums 

prescribed in paragraph (b) or (c) of this section, provided each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for helicopters by 

the FAA. The sUAS meets this criteria as a helicopter and requests the ability to operate at 

altitudes up to 400 feet AGL. Only in accordance with pre-obtained consent will the sUAS 

operate while also maintaining an altitude less than 400 feet AGL. For comparison with 

traditional aircraft and rotocraft, the sUAS weighs less than 10 lbs. while also preventing 

potential risks associated with flammable fuel. Lastly, the 400-foot AGL ceiling limits any 

ability for the sUAS to interfere with conventional aircraft operating at or above 500 feet 

AGL. 
IV. 14 C.F.R. Section 91.121 - Altimeter Settings 

Section 91.121 states each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating below 18,000 feet MSL, to the current reported altimeter setting of a 

station along the route and within 100 nautical miles of the aircraft. In the case of an 

aircraft not equipped with a radio, the elevation of the departure airport or an appropriate 

altimeter setting available before departure. The sUAS will reference its altitude based on 

GPS and will be restricted to a 400-foot AGL ceiling. The PIC will also verify elevation from 

multiple ground based sources prior to takeoff. 

V. 14 C.F.R. Section 91.151 - Fuel Requirements for Flight in VFR conditions 

Section 91.151 states no person may begin a flight in a rotorcraft 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, to fly after that for at 

least 20 minutes. The sUAS betters-powered operational flight time is not able to 

incorporate a 20-minute reserve window following successful first point of intended landing 

due to current battery capacity limitations. In order to provide adequate reserve power for 

return landing, the sUAS will abide by 12-minute flight time or 25% of remaining battery 

power, whichever happens first. 

VI. 14 C.F.R. Section 91.405(a) Maintenance Required, 91.407(a)(1) Operation after 

maintenance; preventative maintenance, rebuilding or alteration; 91.409(a)(1) and (2) 

Inspections; and 91.417(a) and (b) Maintenance Records 

These sections only apply to aircraft with an airworthiness certificate, Matthew Beardsley 

requests exemption from these sections because the DJI Inspire 1 does not require 

airworthiness certificates. In order to insure proper maintenance, the operations manual 

will be cited for necessary corrective measures. In addition, the PIC is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthiness 

condition, and any sUAS conducted maintenance will be documented for the life of the 

aircraft. The maintenance manual provided by DJI (the manufacturer of the sUAS described 

herein) is included in this petition for exemption. 
Conclusion 

The applicant, Matthew Beardsley, believes this exemption request and associated safety 

considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 

2012, providing sufficient jurisdiction for the granting of commercial operations of the 

applicants sUAS. 

The applicant, Matthew Beardsley, requests your respective approval of this Section 333 

exemption petition request. 

Thank you for your time and consideration, 

Matthew Beardsley 

DBA Matt Beardsley Creative 

4629 Meldon Ave. Oakland CA 94619 

matt@himatt.net 

510-915-7141