August 20, 2015

Exemption No. 12554

Regulatory Docket No. FAA−2015−2408

Mr. Michael J. McCue

262 Road 6NS

Cody, WY 82414

Dear Mr. McCue:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 30, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. You requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, videography, and UAS training.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 Professional.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 
2

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Michael J. McCue is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Michael J. McCue is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 
4

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
7

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Michael J McCue 

262 Road 6NS

Cody, Wyoming

307-272-8228

mjmccue@tritel.net

May 30, 2015 

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Madam or Sir:

Michael J McCue(the operator) is petitioning for an exemption pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (the Reform Act). Michael J McCue is hereby 

applying for an exemption from certain Federal Aviation Regulations (FARs) detailed below to 

allow for the commercial operations of a DJI Phantom 3 Professional Unmanned Aircraft 

System (UAS) for the purpose of aerial photograph, videography, cinematography, inspection, 

and training. 

Commercial operations of a UAS as requested by the petitioner is as follows: 

1. Aerial photography and/or video for public or private use including land survey, real estate, 

agriculture and other professional activities. 

2. Aerial photography and/or video for public or private use including television, public events, 

cinematography and news gathering. 

3. Aerial photography/video or live video feed during times of natural disasters or emergencies 

when requested by local governments or authorities for public welfare and safety. 

4. Provide training to persons interested in the safe use of a UAS in the NAS. This is critical for 

the safety of other users of the NAS as well as persons and property on the ground.

The petitioner and operators name and mailing address:

Michael J McCue 

262 Road 6NS 

Cody, Wyoming 82414 

Phone: 307-272-8228, 307-587-8228 

Email : mjmccue@tritel.net 
Regulations from which the exemption is requested: 

14 CFR 61.23(a) and(c) 

14 CFR 61.101(e)(4) and (5) 

14 CFR 61.113(a) 

14 CFR 61.315(a) 

14 CFR 91.7(a) 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a)(1) 

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 the extent necessary to allow the petitioner to operate the DJI Phantom 3 Professional UAS to 

preform aerial video and photographic collection. 

Reason for seeking relief 

As described below, the requested exemption would permit the commercial operation of a UAS 

under controlled conditions in the NAS that would be 1) limited 2) controlled 3) responsible and 

would provide safety enhancements and economic benefits to a new and rapidly expanding 

segment of the aviation industry. 

Aircraft and Operator Equivalent level of safety 

Michael J McCue (the operator) petitions for exemptions to the above listed CFRs as necessary to 

operate the DJI Phantom 3 Professional UAS. The DJI Phantom 3 Professional has a Maximum 

Gross Weight of 2.82 lbs., maximum calibrated airspeed of 31 knots or a ground speed not to 

exceed 87 knots. The Phantom 3 is equipped with a fail-safe Return to Home (RTH) feature. In 

the event of loss of communications between the UA and its controller or low battery charge the 

UA will automatically climb to a PIC selected safe altitude and return and land at its takeoff 

point or land in place. This feature can be manually engaged by the operator in the event of 

emergency or loss of visual contact. The UAS has a data base that includes no-fly zones that 

prevents the UA from being flown into or taking-off from UA prohibited airspace. Prior to flight 

the PIC (pilot in command) can limit the range and altitude of the UA by setting in the 

Controller Operating System limits to the maximum altitude (400' agl) and an operating distance 

which insures visual line of sight (VLOS) of the PIC and Visual Observer (VO) at all times. The 

DJI Phantom 3 Professional will be maintained, overhauled, inspected and life limited parts 

replaced in accordance with the recommendations of the UAS manufacturer (DJI) and any safety 

bulletins, Airworthiness Directives (ADs) or emergency orders issued by the manufacturer or 

FAA. After any maintenance or alteration than affects the Phantom 3 Professional's operation or 

flight characteristics the Phantom 3 Professional will undergo a functional test flight. A 

maintenance log book will be kept detailing all maintenance, alterations, inspections and repairs. 

Prior to each flight the PIC will preform a pre-flight inspection as outlined in the DJI Phantom 3 

Professional Users Manual. All flights will be planed considering wind and forecast weather 
conditions to have sufficient battery power for the UAS too conduct the intended operation and 

to operate after that for 5 minutes. The PIC will have available and review current Aeronautical 

Charts, TFR's, Notam's, and aviation weather forecasts for the area in which the UAM will be 

operated. The operator will insure that the UAS is operated with a minimum crew consisting of 

a PIC and VO. The operator will insure the PIC has an FAA issued pilots certificate, a current 

flight review as specified in 14 CFR 61.56 and current FAA airman medical certificate or valid 

U.S. drivers license. The operator will insure that the PIC demonstrates the ability to safely 

operate the UAS and will operate the UAS within the limits specified in the operators exemption, 

FARs and manufactures user manual. Each PIC will keep a flight logbook detailing each flight. 

The VO will be familiar with all documents and operating limitations and hold at least a state 

issued Drivers License. The UAV will be registered in accordance with 14 CFR part 47 and 

marked with an N-Number in accordance with14 CFR part 45, Subpart C. Markings will be as 

large as possible. The operator will NOT operate the UAS for the purpose of closed-set motion 

picture and or television filming and production. All operations will be conducted in the United 

States 

The operator Michael J McCue holds an FAA Airline Transport Certificate and is a licensed 

Airframe and Powerplant Mechanic. He has been involved with commercial aviation for the past 

50 years. During that time he was a Captain and flight instructor for a major U.S. airline flying 

world wide (now retired). He has flown Corporate and Charter aircraft and instructed in light 

fixed wing aircraft. He has flow search and rescue aircraft, Air Tankers (fire suppression) as well 

as agricultural aircraft. He has flown fixed wing aircraft for photography and videography. His 

involvement in model aircraft started 55 years ago with control line models and continues with 

todays electric RC aircraft and UAS. 

Benefits to the Public with this exemption 

Low level aerial photography, videography and search and rescue in conventional fixed wing and 

rotorcraft is expensive, noisy and hazardous. Hazardous for the pilots and passengers as well as 

persons and property on the ground. Doing the same work with a UAS substantially reduces the 

risks. With no onboard pilots or passengers there is no risk in the event of an accident. With the 

small size, low noise level and lack of volatile fuels onboard the UA poses little risk to person or 

property on the ground when operated in a professional and responsible manner. UAS's offer 

the public an economical and safe alternative to fixed wing and rotorcraft for low level aerial 

photography, videography and search and rescue.

The Phantom 3 Professional Users Manual will be sent as a separate attachment. 

Sincerely, 

Michael J McCue