1

December 4, 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: CRAIG MCNAMARA 

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE

CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 Professional

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW112-95)

CRAIG MCNAMARA 

21520 Fox Ridge Road 

Watertown, NY. 13601

craigmcnamara29@gmail.com
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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS........................................................................3

SUMMARY............................................................................................................. 4

INTRODUCTION AND INTERESTS OF PETITIONER....................................4

BACKGROUND.......................................................................................5

BASIS FOR PETITION..............................................................................5

NAME AND ADDRESS OF PETITIONER.............................................................. 7

Page

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CRAIG MCNAMARA

SEEKS EXEMPTION ..............................................................................................8

THE EXTENT OF RELIEF CRAIG MCNAMARA SEEKS AND THE REASON CRAIG 

MCNAMARA SEEKS THE RELIEF.........................................................................13

THE REASONS WHY GRANTING CRAIG MCNAMARA ’S REQUEST WOULD BE IN 

THE PUBLIC INTEREST .......... ...........................................................................16

THE REASONS WHY GRANTING THE EXEMPTION TO CRAIG MCNAMARA 

WOULD NOT ADVERSELY AFFECT SAFETY. ....................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..............36

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT CRAIG MCNAMARA ’S REQUEST..............................................37

CONCLUSION. ..................................................................................................... 38

APPENDICES.........................................................................................39
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

sUA Small unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

CRAIG MCNAMARA holding a valid airman certificate Commercial Helicopter

Instrument Rating (certificate number 3347398), with SEL experience and training

seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

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

(b), to operate an Unmanned Aircraft System (DJI Phantom 3 Professional)

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). 

This exemption will permit CRAIG MCNAMARA to operate an Unmanned Aircraft 

System (UAS) for the commercial purpose of conducting aerial data collection, 

video and photography of construction sites, fixed Infrastructure, residential and

commercial real estate, civil landscapes, agricultural lands assessment, search and 

location, and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THEPETITIONER

CRAIG MCNAMARA is exploring a sUA enterprise to provide a wide array of Aerial 

Imaging and photography services. In seeking to provide the community with a lower 

cost alternative to traditional aerial platforms requests this exemption in order to operate 

sUA/UAV/UAS, DJI Phantom 3 Professional Quadcopter Aircraft, in order to provide 

services for profit to include agricultural aerial photography and imaging, aerial industrial 

inspection of fixed structures to include (Powerlines, Solar field, wind generating 

turbines), Construction site assessment, and GIS Survey, maritime infrastructure, aerial 

filming and photography for commercial real estate, tourism video, aerial mapping, 

search and location support, emergency disaster preparedness and assessment, 

special events to include but not limited to weddings, private or public parties/events, 

environmental studies, business advertising, and promotional events.

The objective of CRAIG MCNAMARA’s operation of Unmanned Aircraft System DJI 

Phantom 3 Professional aerial operations to provide a more affordable, high-quality 
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production system for a variety of government, commercial, public, and residential uses.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

CRAIG MCNAMARA seeks an exemption to operate DJI Phantom 3 Professional 

system for compensation. The DJI Phantom 3 Professional is vertical takeoff and

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional 

has a maximum gross weight of approximately 2.8 lb. while having a diagonal 

dimension of 23.2”, a maximum speed of approximately 31.1Kts and a maximum flying

height of 400'. The DJI Phantom 3 Professional is equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, CRAIG MCNAMARA, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the 

National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, 

and limited operating area associated with the unmanned aircraft and its operation, 

CRAIG MCNAMARA operation of DJI Phantom 3 Professional UAS meets the 

conditions of FMRA Section 333 and therefore, will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, CRAIG MCNAMARA requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate.
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CRAIG MCNAMARA submits that the requested relief is proper since an equivalent

level of safety will be ensured. CRAIG MCNAMARA will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).

Furthermore, CRAIG MCNAMARA will document and maintain all maintenance records 

for the DJI Phantom 3 Professional UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Commercial 

instrument pilot privileges and limitations: Pilot in command, is requested by CRAIG 

MCNAMARA to the extent necessary to allow a Pilot in Command (PIC) holding a 

commercial instrument pilot or higher level certificate, as well as an airman medical

certificate, and who has demonstrated, by meeting minimum flight- hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures.

CRAIG MCNAMARA seeks relief from Section 91.7(a), entitled civil aircraft

airworthiness, because the DJI Phantom 3 Professional UAS do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

CRAIG MCNAMARA submits that they will ensure that the DJI Phantom 3 

Professional UAS is in an airworthy condition, prior to every flight, by determining that 

the UAS are in compliance with the operating documents (i.e., Monthly Maintenance 

Log, and DJI Phantom 3 Professional Instruction Manual), and that the aircraft are in a

condition for safe flight.
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CRAIG MCNAMARA also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a 

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 

3 Professional UAS will be provided to the PIC via Global Positioning System (GPS)

equipment and radio communications telemetry data link, which downlinks from the UA 

to the GCS for active monitoring of the flight path. This altitude information, combined 

with CRAIG MCNAMARA’s operation of the DJI Phantom 3 Professional UAS within

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent 

to Section 91.121.

Additionally, CRAIG MCNAMARA seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. CRAIG MCNAMARA 

submits that safety will not be affected by operation of the DJI Phantom 3 Professional

UAS during daylight hours in visual meteorological conditions (VMC) under visual flight 

rules (VFR), with enough battery power to fly for a total duration of approximately 23

minutes. Battery power indicators are also able to show exactly how much battery

power is left, as well as how much time is needed to return safely back to point of 

takeoff.

In accordance with 14 C.F.R. § 11.81, CRAIG MCNAMARA provides the following 

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

CRAIG MCNAMARA 

21520 Fox Ridge Road 

Watertown, NY. 13601

P-315-777-0761

craigmcnamara29@gmail.com
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B. The Specific Sections Of 14 C.F.R. From Which CRAIG MCNAMARA Seeks 

Exemption.

1. CRAIG MCNAMARA Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Commercial instrument pilot privileges and 

limitations: Pilot in command, subsections (a) and (b) prescribe the 

following, in relevant part:

(a) No person who holds a commercial instrument pilot certificate may act

as a pilot in command (PIC) of an aircraft that is carrying passengers or

property for compensation or hire; nor may that person, for compensation or 

hire, act as PIC of an aircraft.

(b) A commercial instrument pilot may, for compensation or hire, act as PIC 

of an aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. CRAIG MCNAMARA Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. CRAIG MCNAMARA Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, 

in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or 
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flight level of that aircraft, as the case may be, by reference to an

altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route

and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph

(a)(1)(i) of this section, the current reported altimeter setting of an 

appropriate available station; or

(iii) 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.

4. CRAIG MCNAMARA Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions,

subsection (b), states the following:

(b) 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.

5. CRAIG MCNAMARA Seeks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the 

following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part

and shall between required inspections, except as provided in paragraph
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(c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter[.]

6. CRAIG MCNAMARA Seeks Exemption From The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive

maintenance,rebuilding, or alteration, subsection (a)(1), states the

following:

(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized 

under § 43.7 of this chapter[.]

7. CRAIG MCNAMARA Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it has 

had --

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 43.7 

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.
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8. CRAIG MCNAMARA Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state

the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413,

each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration

and records of the 100-hour, annual, progressive, and other required or

approved inspections, as appropriate, for each aircraft (including the

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include--

(i) A description (or reference to data acceptable to the Administrator)

of the work performed; and

(ii) The date of completion of the work performed; and

(iii)The signature and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each

propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time 
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since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and

safety directives including, for each, the method of compliance, the

AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next 

action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for

each major alteration to the airframe and currently installed engines,

rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the

periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1

year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §

43.11 of this chapter shall be retained until the defects are repaired and 

the aircraft is approved for return to service.
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C. The Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG 

MCNAMARA Seeks The Relief.

1. Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG 

MCNAMARA Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Commercial instrument pilot privileges

and limitations: Pilot in command, is requested to the extent necessary to allow a PIC

holding a commercial instrument pilot or higher level certificate, as well as a current and 

valid airman medical certificate, and who has met certain flight-hour and currency 

requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a commercial instrument pilot may, for compensation or hire, act as PIC of

an aircraft in connection with any business or employment if: (1) The flight is only 

incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, CRAIG MCNAMARA submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 

3 Professional UAS unless that PIC has met certain flight-hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI 

Phantom 3 Professional UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles

and structures.

Further, CRAIG MCNAMARA submits that all flights of the DJI Phantom 3 

Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to CRAIG MCNAMARA’s business; and (2) will not carry passengers or

property for compensation or hire.
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2. Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG 

MCNAMARA Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the

extent required to allow CRAIG MCNAMARA to determine that the DJI Phantom 3 

Professional UAS are in airworthy condition prior to every flight by ensuring that the

UAS is in compliance with the operating documents (i.e., CRAIG MCNAMARA Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional

Instruction Manual).

CRAIG MCNAMARA seeks the requested relief because the DJI Phantom 3 

Professional UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, CRAIG MCNAMARA will ensure that the DJI 

Phantom 3 Professional UAS are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) 

prior to every flight, and further, determine that the aircraft are in condition for safe 

flight, as stated in the conditions and limitations below.

3. Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG 

MCNAMARA Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Phantom 3 Professional UAS, which utilize a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to

downlink altitude information from the UA to the PIC at the ground control station

(GCS). Since the FAA requires that any altitude information concerning UAS

operations be reported to air traffic control (ATC) in feet above ground level (AGL), 

CRAIG MCNAMARA seeks the requested relief because the DJI Phantom 3 

Professional UA’s altimeter may be set on the ground to zero feet AGL, rather than the

local barometric pressure or field altitude, before each flight.
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Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is

sought to the extent necessary to comply with the applicable conditions and limitations 

stated below. As more fully set forth herein, an equivalent level of safety will be 

maintained since the DJI Phantom 3 Professional UAS are equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with 

altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG 

MCNAMARA Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI Phantom 3 

Professional UAS during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 23 minutes. CRAIG 

MCNAMARA seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional

UAS will severely constrain the practicality of any aerial video or still photo flight 

operations that CRAIG MCNAMARA proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 

Professional UAS, the DJI Phantom 3 Professional operating documents, and CRAIG 

MCNAMARA ’s proposed operating limitations, ensure that CRAIG MCNAMARA will

safely operate the battery powered DJI Phantom 3 Professional UAS during daylight

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with 

enough battery power to fly for a total duration of 23 minutes.
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5. Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG 

MCNAMARA Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, CRAIG MCNAMARA requests relief

from these Sections because the DJI Phantom 3 Professional UAS do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 

Professional UAS meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, CRAIG MCNAMARA will use trained technicians

to perform maintenance, alterations, or preventive maintenance on the UAS using

the methods, techniques, and practices prescribed in the UAS operating documents

(i.e., CRAIG MCNAMARA Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 3 Professional Instruction Manual). Furthermore, CRAIG MCNAMARA will

document and maintain all maintenance records for the DJI Phantom 3 Professional

UAS.

D. The Reasons Why Granting CRAIG MCNAMARA Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing CRAIG 

MCNAMARA to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, events and civic landscape over certain 

areas of the United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of 

the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the 

benefits of CRAIG MCNAMARA’s proposed operation of the DJI Phantom 3 

Professional UAS will be realized without implicating any privacy issues.
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1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional UAS are battery powered and serve as a safe,

efficient, and economical alternative to the manned aircraft traditionally utilized to 

obtain aerial imagery. By reducing the amount of manned aircraft needed to perform 

aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional

UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced.

The DJI Phantom 3 Professional do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft conducting aerial video and photography missions would

result in fewer aircraft that must be handled by air traffic control during the ground, 

takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 

Professional UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of

manned aircraft, will greatly benefit the public by drastically reducing the levels of air

and noise pollution generated during traditional aerial video and still photography

flight operations. By using battery power and electric motors, the DJI Phantom 3 

Professional UAS produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft 

that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UAS,
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while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, 

as the UAS are propelled by battery powered electric motors, rather than an internal 

combustion engine.

By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually 

associated with traditional manned aircraft flight operations, will be substantially reduced 

or completely eliminated. Aside from the lack of flight crew members located onboard 

the aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2.8 pounds 

at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel

on board), has less physical potential for collateral damage to life and property on the

ground, and in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 

Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS are also an 

economical alternative to using manned aircraft to conduct similar aerial operations.

As such, operation of the DJI Phantom 3 Professional UAS will allow United States

based companies, like CRAIG MCNAMARA, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded

aviation fuels, U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered DJI Phantom 

3 UAS is one such technology that not only allows companies greater operational

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional UAS, companies such as CRAIG 

MCNAMARA, can remain competitive and profitable, and therefore, provide greater job 
19

stability to employees and contractors, which will ultimately contribute to growth of the 

U.S. economy. Improved financial performance of U.S. companies, through commercial 

use of the DJI Phantom 3 Professional UAS , provides a stable workforce that 

increases consumer spending; improves local, state, and federal tax revenues; and 

allows companies to invest in research and development in order to remain competitive 

both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, CRAIG MCNAMARA’s proposed operation of the DJI Phantom 3 Professional 

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 

Professional UAS will be operated only in compliance with operating documents (i.e., 

CRAIG MCNAMARA Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Professional Instruction Manual) which requires property owner involvement

as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14

C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which CRAIG MCNAMARA Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS Meet The Conditions Of The

FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with

the unmanned aircraft and its operation, CRAIG MCNAMARA ’s operation of the DJI 

Phantom 3 Professional UAS meet the conditions of FMRA Section 333, and will not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
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Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users 

of the NAS or the public, or otherwise pose a threat to national security. Specifically, 

FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and 

not later than 180 days after the date of enactment of this Act, the Secretary 

of Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required 

by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of 

their size, weight, speed, operational capability, proximity to airports 

and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the

public or pose a threat to national security; and

(2) Whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United

States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for

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

In seeking this exemption, CRAIG MCNAMARA submits that the DJI Phantom 3 

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as
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demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b)

the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 Professional UAS does not create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security considering its size, weight, 

speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional UAS.

The technical specifications of the DJI Phantom 3 Professional UAS are set forth by the 

DJI Phantom 3 Professional UAS Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 Professional UAS Global Positioning Modes Enable The 

UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and global 

positioning flight modes. A complete description of the flight and navigational modes of 

the DJI Phantom 3 Professional UAS is provided at pages 11 of the DJI Phantom 3 

Professional User Manual attached hereto as Appendix A.

iii. The DJI Phantom 3 Professional UAS Are Designed For Automatic Return 

To Home Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 

Professional UAS does not reacquire control link data from the GCS, the UAS will 

assume that the Control Link is lost and the will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional 

UAS are set forth at pages 12 through 14 of the DJI Phantom 3 Professional User 
22

Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 

Professional GCS and flight control software is provided at pages 23 through 29 of the 

DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is 

attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The Line 

Of Sight Of A Certificated Pilot in Command With A Safety Observer.

CRAIG MCNAMARA video production staff will be the only persons to act as a pilot in

command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer 

will assist him at all times during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To 

Specific Operating Limitations.

In seeking this exemption, CRAIG MCNAMARA proposes to commercially operate DJI 

Phantom 3 Professional UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific 

operating limitations.

1. Operations authorized by this grant of exemption will be limited to the

following aircraft described in the operating documents, rotorcraft UAS weighing

less than 55 pounds maximum gross weight: DJI Phantom 3 Professional UAS.

Proposed operations of any other aircraft will require a new petition or a

petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting

operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above 
23

ground level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL.

5. The UAS 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.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to

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

capability. The SO 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 SO can 

perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions

and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible

during UAS operations and made available to the Administrator upon request. If a

discrepancy exists between the conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption 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 
24

present updated and revised documents to the Administrator upon request. The 

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

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for 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.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. 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. The Ground Control Station must be included in the preflight

inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

11. 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. The PIC who conducts the 

functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts must 

be noted in the aircraft records, including total time in service, description of
25

work accomplished, and the signature of the authorized person returning the UAS 

to service.

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

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a commercial instrument pilot certificate and at 

least a current third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R. §

61.51(b). Flights for the purposes of training the operator’s PICs are permitted 

under the terms of the 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

C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point
26

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.

21. 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.

22. If the UA loses communications or loses its GPS signal, it must return to a

pre- determined location within the planned operating area and land or be

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

forecast weather conditions) there is enough power to fly at normal cruising speed

to the intended landing point and land the UA with 25% battery power remaining.

25. When operations outside the “blanket” COA Waiver issued by the FAA on 

March 23, 2015 are conducted. The operator must obtain an Air Traffic 

Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to 

conducting any operations under the grant of exemption. This COA will also 

require the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All operations 

shall be conducted in accordance with airspace requirements in the ATO issued 

COA including class of airspace, altitude level and potential transponder

requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have 
27

identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart 

C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for

operation and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the UAS is

operating. These documents must be made available to the Administrator or any

law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned

aviation operations and activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all

nonparticipating persons (persons other than the PIC, SO, operator trainees or 

essential 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission 

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, and;

c. Operations nearer to the PIC, SO, operator trainees or essential
28

persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

33. 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.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety.

CRAIG MCNAMARA submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 

Professional UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

Considering CRAIG MCNAMARA’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of commercial instrument pilot 

aeronautical knowledge requirements to those of commercial pilot requirements (See 

Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI 

Phantom 3 Professional UAS , CRAIG MCNAMARA submits that commercial pilot 

certificate requirement is met and that other PIC’s will operate the UAS under 

commercial pilot supervision while conducting aviation operations under this exemption. 
29

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS,

in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

CRAIG MCNAMARA will not allow any PIC to operate the DJI Phantom 3 Professional 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements 

or the DJI Phantom 3 Professional UAS training and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 

14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum

of 5 hours of those hours as a UAS pilot operating the same make and model of UAS 

to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience

that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during CRAIG MCNAMARA’s proposed operations. The

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations

for the purpose of motion picture filming (or similar operations), the PIC must 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as 

a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 

11062, the PIC must also have accumulated and logged a minimum of 5 hours 
30

as a UAS pilot operating the same make and model of UAS to be used for

operations under the exemption. For clarification, the FAA considers these 

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours 

make and model time may be included in the 10 hours of multi-rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition 

to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the 

preceding 90 days (for currency purposes). The FAA finds that at a minimum, the

flight-hour requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the petitioner’s 

proposed operations. The FAA also finds that prior documented flight experience 

that was obtained in compliance with applicable regulations would satisfy this 

requirement. Training, proficiency, and experience-building flights can also be 

conducted under the grant of exemption to accomplish the required flight time. 

During training, proficiency, and experience-building flights the PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, CRAIG MCNAMARA will ensure safe operations by not allowing any PIC 

to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated,

by meeting minimum flight-hour and currency requirements, that the PIC is able to

safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would

Not Adversely Affect Safety.
31

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, CRAIG MCNAMARA will ensure that the DJI Phantom 3 

Professional UAS is in an airworthy condition based upon the UAS’s compliance

with its operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to

UAS, in circumstances similar, in all material respects, to those presented herein

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professional UAS will be 

provided to the PIC via GPS equipment and a radio communications telemetry data

link, which downlinks from the UA to the GCS for active monitoring of the flight path

and altitude. This altitude information, combined with CRAIG MCNAMARA’s operation

of the DJI Phantom 3 Professional UAS within visual line of sight, at or below 500 feet

AGL, will ensure a level of safety equivalent to Section 91.121. The altitude

information will be generated by GPS equipment installed onboard the aircraft. Prior

to each flight, a zero altitude initiation point is automatically established by the UAS at 

ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 

11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).
32

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations;

and (3) the location of the proposed flight operations. Accordingly, CRAIG 

MCNAMARA will ensure that it will safely operate the battery powered DJI Phantom 3 

Professional UAS during daylight hours in VFR conditions, with enough battery power 

to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 

Professional UAS; the limitations on the proposed flight operations; and the location

of the proposed operations, will ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 

Professional UAS provide audible and visual warnings to the PIC at the GCS when the 

UAS experiences low battery voltage, the first warning occurring at approximately 33% 

remaining battery power, and again at approximately 10% remaining battery power. At 

the critically low battery level, the DJI Phantom 3 Professional UAS will descend and

land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief from Section 91.151 specific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,
33

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not

Adversely Affect Safety.

In seeking this exemption, CRAIG MCNAMARA submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b) will be met because CRAIG MCNAMARA will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed in the operating documents (i.e., CRAIG 

MCNAMARA Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional Instruction Manual). Furthermore, CRAIG MCNAMARA will document and

maintain all maintenance records for the DJI Phantom 3 Professional UAS.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the 

operating documents, CRAIG MCNAMARA will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI 

Phantom 3 Professional User Manuals are attached hereto as Appendix A and B; a

copy of the DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as 

Appendix C.

Likewise, the exemption sought will not adversely affect safety because CRAIG 

MCNAMARA will use trained technicians to perform maintenance, alterations or

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of
34

the DJI Phantom 3 Professional UAS will be performed by trained technicians. 

Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not

adversely affected when the technical characteristics and operating limitations of the 

UAS are considered.
35

In consideration of CRAIG MCNAMARA ’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 3 

Professional UAS , CRAIG MCNAMARA submits that safety will not be 

adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has

previously granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160,

11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, CRAIG 

MCNAMARA requests that the FAA prescribe special conditions for the

intended operation of the DJI Phantom 3 Professional UAS, which contain such 

safety standards that the Administrator finds necessary to establish a level of 

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 

C.F.R §§ 61.113(a)

& (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a)

& (b). Such special conditions will permit safe operation of the UAS for the

limited purpose of conducting aerial video and photography over certain areas of 

the United States for compensation or hire. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, 

provides the authority for such UAS to operate without airworthiness certification 

in accordance with any requirements that must be established for the safe
36

operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant 

to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 Professional UAS , since the

airworthiness regulations of 14

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due

to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter

do not contain adequate or appropriate safety standards for an aircraft, 

aircraft engine, or propeller because of a novel or unusual design feature

of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and

contain such safety standards for the aircraft, aircraft engine or

propeller as the FAA finds necessary to establish a level of safety 

equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the 

FAA may prescribe special conditions for Leading Edge’s intended operation of 

the DJI Phantom 3 Professional UAS, which contain such safety standards that 

the Administrator finds necessary to establish a level of safety equivalent to

that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and

91.417(a) & (b).
37

• A Summary That Can Be Published in the Federal Register,

stating: The Rules From Which CRAIG MCNAMARA Seeks Exemption:

CRAIG MCNAMARA seeks exemption from the requirements of 14 

C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption CRAIG MCNAMARA 

Seeks:

This exemption will permit CRAIG MCNAMARA to commercially operate

an Unmanned Aircraft System (UAS) for the purpose of conducting aerial

mapping, imaging, video and photography over certain areas of the 

United States.

• Any Additional Information, Views, Or Arguments Available To Support

CRAIG MCNAMARA’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of

2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine 

if certain UAS may operate safely in the NAS. As such, CRAIG MCNAMARA’s

request for exemption may be granted pursuant to the authority of FMRA

Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or otherwise poses

a threat to national security; and further, provides the authority for such UAS to 

operate without airworthiness certification.

As discussed in detail above, CRAIG MCNAMARA will operate the DJI Phantom 

3 Professional UAS safely in the NAS, without creating a hazard to users

of the NAS, or the public, or otherwise pose a threat to national security.
38

CONCLUSION

As set forth herein, CRAIG MCNAMARA seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional 

UAS commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial mapping, imaging, video and photography over certain areas of

the United States. By granting this Petition, the FAA Administrator will be

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 

2012, while also advancing the interests of the public, by allowing CRAIG 

MCNAMARA to safely, efficiently, and economically operate the DJI Phantom 3 

Professional UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2012, Section 333, CRAIG MCNAMARA 

respectfully requests that the Administrator grant this Petition for an exemption 

from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit CRAIG MCNAMARA to 

operate the DJI Phantom 3 Professional UAS commercially for the purpose of

conducting aerial video and photography over certain areas of the United

States.

Dated: 

December 4, 2015

Respectfully submitted,

CRAIG MCNAMARA 

21520 Fox Ridge Road 
39

Watertown, NY. 13601

P-315-777-0761

craigmcnamara29@gmail.com

Appendices:

A – Link to DJI Phantom 3 Professional UAS manual: Click on link below 

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__

V1.6.pdf