U.S. Department of Transportation August 10, 2015

Docket Management System

1200 New Jersey Ave., 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, James Powers, seeks an exemption from Federal Aviation Regulations (“FARs”) detailed 

below for (1) DJI Inspire 1 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 Inspire 1 (6.5lb) consist 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".

James Powers respectfully requests the grant of exemption allowing to operate lightweight, remote 

controlled UAS's lawfully and safely.

James Powers 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 James Powers seeks and the reason why:

James Powers is seeking relief from any applicable FARs operating to prevent James Powers from 

conducting aerial photography of real estate and other possible legal flight operations including

cinematography, videography, mapping, surveying, inspections and other flight operations that could be 

performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. 

national airspace system as compared to manned aircraft. The weight of the UAS meets the definition of 

''small unmanned aircraft” found in section 331 "The Reform Act”. James Powers seeks to operate 

legally as a small business that cater mostly to real estate agents. Realtors are not allowed to use UAS's 

or hire unless they or the person they hire, is allowed by the FAA to fly a UAS. 

James Powers would satisfy the need for safe and affordable aerial shots.
At less than 7 pounds, James Powers uses UAS that is 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 James Powers would be using only utilizes battery power for its operations. There are 

no combustible fuels used in the UAS that James Powers uses. The maximum flight time for our 

particular UAS is 20 minutes battery life. It will fly no more than 15 minutes maximum at one time at 

one location. The amount of time the UAS will be in the air, less than 400ft, is very minimal.

A Safety system in place for James Powers 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 STATION PART OF THE SYSTEM:

A Pilot in Command (PIC) in 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 it all 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 enough 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 JAMES POWERS be allowed to use the UAS to benefit possible 

first responders our local area for actions that could benefit the public. Such as, fires and search and 

rescue.

James Powers will not operate a UAS near airports and generally does not fly over crowds. Situational 

awareness is most important. The areas where James Powers conducts aerial photography is 

predetermined which allows for a controlled environment to operate safely.
With allowing James Powers to conduct business with a light weight UAS, it could very well help the 

economy and benefit people in first response situations. Further, James Powers UAS is considerably 

lighter than the alternative which is a helicopter or small plane. Currently, James Powers has 1 UAS 

which only operates off 20 minutes of battery power. Therefore, the UAS used by James Powers would 

only have a flight time of 5 - 15 minutes at one time. The likelihood of injury or even death with such a 

small unmanned aircraft, compared to an aircraft flown by a person loaded with combustible fuel, is 

considerably low.

SUMMARY:

James Powers is more than willing to follow the safety guidelines of the FAA Policy N 8900.227 Section 

14 "Operational Requirements for UAS'1 with the appropriate exemptions for flying a small UAS. A 

preflight checklist will be developed and employed to ensure that the UA airworthiness will be verified 

before launch. Airworthiness will be maintained by performance of routine inspections before each 

flight, maintaining flight and maintenance logs to record time on failure prone components.

A-No flight will be made with a UA 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 while always maintaining a 

Visual Line of Sight (VLOS).

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

owner

D- All required permits will 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

The petitioner request that he be allowed to operate within 5 miles of an airport provided that; 

“The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA 

may not operate within 5 nautical miles of the geographic center of a non-towered airport as denoted 

on a current FAA published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as required by 

the operator’s COA. The letter of agreement with the airport management must be made available to 

the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting 

a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the 

need arise. Operations within class B airspace are not requested due to the lack of mode C transponder.
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 ascertain 

that the UAS is in a condition safe for flight.

The petitioner is requesting this exemption for the purposes of “aerial photography, cinematography, 

videography, mapping, crop surveying, inspections and other flight operations”. The reason for such a 

general and broad based request is that the petitioner wishes to utilize a business strategy of horizontal 

integration and maximize economies of scope in order to capitalize on opportunities as they may arise in 

the future without the long turnaround time associated with additional exemptions.

My operations above are the bare minimum safety guidelines James Powers will follow. James Powers is 

also more than willing to follow any additional safety requirements if not listed above.

James Powers 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:

James Powers

1825 NW 12th ST

Boca Raton, FL 33486

Phone: 954-868-4662

Email: jamespowers04@gmail.com

James Powers respectfully requests that the FAA grant its exemption request without delay.

I very much look forward working together with you. 

Thank you for your time.

Respectfully,

James Powers

954-868-4662