1

December 4, 2015
Attn: U. S. Department of Transportation DocketOperations West Building Ground Floor, Roomw12
-140 1200 New Jersey Ave, SE Washington, DC20590

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 333OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW112
-95)

CRAIG MCNAMARA 21520 Fox Ridge Road Watertown, NY. 13601 craigmcnamara29@gmail.com2 TABLE OFCONTENTS GLOSSARY OFABBREVIATIONS.

.......................................................................3 SUMMARY.

............................................................................................................4 INTRODUCTION AND INTERESTS OFPETITIONER

....................................4 BACKGROUND

.......................................................................................5 BASIS FORPETITION

..............................................................................5 NAME AND ADDRESS OFPETITIONER.

............................................................. 7 Page

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICHCRAIG MCNAMARA SEEKS EXEMPTION

..............................................................................................8 THE EXTENT OF RELIEFCRAIG MCNAMARASEEKS AND THE REASONCRAIG MCNAMARASEEKSTHE RELIEF.....

....................................................................13 THE REASONS WHY GRANTINGCRAIG MCNAMARA’S REQUEST WOULDBE IN THE PUBLIC INTEREST

.......... ...........................................................................16 THE REASONS WHY GRANTING THE EXEMPTION TOCRAIG MCNAMARA WOULD NOT ADVERSELYAFFECTSAFETY.

....................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERALREGISTER.

.............36 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLETO SUPPORTCRAIG MCNAMARA’SREQUEST.......................................

.......37 CONCLUSION.

..................................................................................................... 38 APPENDICES.........................................................................................393 GLOSSARY OFABBREVIATIONS AGL Above Ground Level AOI Area ofInterest ATC AirTraffic Control ATO AirTraffic Organization AV Aerial Vehicle CFR Code ofFederal Regulations COA Certificate ofAuthorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss ofLink NAS National Airspace System NOTAM Notice toAirman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO SafetyObserver SOP Standard Operating Procedures sUA Small unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line ofSite VMC Visual Meteorological Conditions VTOL Vertical Takeoffand Landing4 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 UnitedStates.

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 alternativeto 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 includeagriculturalaerial photographyand 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
-quality5

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 electricmotors. BASIS FORPETITION 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 Rulesfor Certain UnmannedAircraftSystems , hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National AirspaceSystem (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, SubpartH. 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 airworthinesscertificate.6

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 techniciansto perform maintenance, alterations, or preventive maintenance onthe 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 MCNAMARAwill 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 instrumentpilotprivilegesand 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 andstructures. 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 everyflight, by determiningthat 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 safeflight.7

CRAIG MCNAMARAalso 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 ofthe 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 ofsafety equivalent to Section 91.121. Additionally, CRAIG MCNAMARAseeks an exemption from the requirements of Section 91.151(b), entitled FuelrequirementsforflightinVFRconditions

. CRAIG MCNAMARA submits that safety will not be affected by operation ofthe 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 takeo ff

. In accordance with 14 C.F.R. § 11.81,CRAIG MCNAMARA provides the following information in support of its petition forexemption: **A.** Name And Address Of The Petitioner.

CRAIG MCNAMARA 21520 Fox Ridge Road Watertown, NY. 13601 P
-315
-777
-0761 craigmcnamara29@gmail.com8

**B.** The Specific Sections Of 14 C.F.R. From Which CRAIG MCNAMARASeeks Exemption. **1.** CRAIG MCNAMARASeeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitledCommercial instrument pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevantpart: (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 employmentif

— (1)The flight is only incidental to that business or employment; and (2)The aircraft does not carry passengers or property for compensation orhire. **2.** CRAIG MCNAMARASeeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitledCivil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthycondition. **3.** CRAIG MCNAMARASeeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, inpart: (a) Each person operating an aircraft shall maintain the cruising altitude or9 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 MCNAMARASeeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitledFuel requirements for flight in VFR conditions , subsection (b), states thefollowing:

(b)NopersonmaybeginaflightinarotorcraftunderVFRconditions unless (considering wind and forecastweatherconditions) there is enough fuel to flytothefirstpointofintendedlandingand, assumingnormalcruisingspeed, to fly after thatfor at least 20minutes. **5.** CRAIG MCNAMARASeeks Exemption From The Requirement OfSection 91.405(a). Section 91.405, entitledMaintenance 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 paragraph10 (c) of this section, have discrepancies repaired as prescribed in part 43 of thischapter[.] **6.** CRAIG MCNAMARASeeks 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 toservice by a person authorized under § 43.7 of this chapter[.] **7.** CRAIG MCNAMARASeeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states thefollowing: (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 accordancewith part 21 of this chapter.11

**8.** CRAIG MCNAMARASeeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records , subsections (a) and (b), state thefollowing: (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 mustinclude
-- (i) A description (or reference to data acceptable to the Administrator) of thework performed; and (ii) The date of completion of the work performed; and (iii)The signature and certificate number of the person approving the aircraftfor return toservice. (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 time12 since the last inspection required by the inspection program under which the aircraftand 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 transferredwith the aircraft at the time the aircraft issold. (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.13

**C.**The Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG MCNAMARASeeks The Relief. **1.** Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG MCNAMARASeeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Commercialinstrumentpilotprivileges and limitations: Pilotincommand, is requested to the extent necessary to allow a PIC holding a commercial instrument pilotor 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 orhire. 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 orproperty for compensation orhire. 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, aswell as maintaining appropriate distancesfrom 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.14

**2.** Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG MCNAMARASeeks 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 MCNAMARAAerial 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 limitationsbelow.

**3.** Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG MCNAMARASeeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe 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, ratherthan the local barometric pressure or field altitude, before eachflight.15

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 maintainedsince the DJI Phantom 3 Professional UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensuresthat aground 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 theGCS.

**4.** Extent Of Relief CRAIG MCNAMARA Seeks And The Reason CRAIG MCNAMARASeeks 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 thatCRAIG MCNAMARA proposes to conduct pursuantto 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.16

**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 MCNAMARAwill 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 AWhole. 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 UnitedStates. Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and providesignificant benefitstothe economy. Notably,the benefits of CRAIG MCNAMARA’s proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating any privacyissues.17

**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 theground. 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 flightoperations.

**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 alternativetothe 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,18

while reducing the carbon footprint of aerialacquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustionengine. 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 mannedaircraftflight 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 awingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180gallons). 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional UASWill Benefit TheEconomy. 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 ofthe 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 orderto remain competitive. Operating the battery powered DJI Phantom 3UASisonesuchtechnology thatnotonly allowscompaniesgreateroperational 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 greaterjob19

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 companiesto invest in research and development in orderto remain competitive both in the United States andabroad.

4. There Are No PrivacyIssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, CRAIG MCNAMARA’s proposed operation ofthe DJI Phantom 3 Professional UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated only in compliancewith 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 WhichCRAIG MCNAMARASeeks 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 anairworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH.20

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 thefollowing, in part:

(a) In General.
--Notwithstandingany other requirement ofthis subtitle, and notlaterthan180daysafterthedateofenactmentofthisAct,theSecretary of Transportationshalldetermine ifcertainunmannedaircraftsystemsmay operatesafelyin thenationalairspacesystem beforecompletion oftheplan and rulemaking required bysection332ofthisActortheguidancerequired by section 334 of thisAct. (b) AssessmentofUnmannedAircraftSystems.
--Inmakingthedetermination under subsection (a), the Secretary shall determine, at aminimum
-- (1) whichtypes of unmanned aircraftsystems, ifany, as a result of their size,weight,speed,operationalcapability, proximitytoairports and populated areas, andoperationwithinvisual lineofsightdo not create a hazard to users of the national airspace system or the public or pose a threat to nationalsecurity;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 identifiedunder paragraph(1). (c) RequirementsforSafeOperation.
--IftheSecretarydeterminesunderthis sectionthat certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of suchaircraft systems in the national airspacesystem. In seeking this exemption, CRAIG MCNAMARA submits that the DJI Phantom 3 Professional UAScan operate safely in the NAS pursuant to FMRA Section 333, as21

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 ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operationalcapability. **i.**Technical Specifications Of The DJI Phantom 3 Professional UAS. Thetechnical specifications ofthe DJI Phantom 3 Professional UAS are setforth bythe DJI Phantom 3 Professional UAS Manual,attached hereto as AppendixA. **ii.**The DJI Phantom 3 Professional UASGlobal Positioning Modes Enable The UAS ToRemain Within A Defined OperationalArea. The DJI Phantom 3 Professional UAS may be operated in both manual and global positioning flight modes. A complete description ofthe 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 AppendixA. **iii.** The DJI Phantom 3 Professional UASAre Designed For Automatic Return To HomePoint 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 andshutdown. 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 User22

Manual, attached hereto as AppendixA. **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 ofthe DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as AppendixA. **b.** Flight Operations OfDJI Phantom 3 Professional UAS Is Limited To The Line Of Sight OfA Certificated Pilot in Command With A SafetyObserver. CRAIG MCNAMARA video production staffwill 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 flighttime.

**c.** Flights OfDJI Phantom 3 Professional UASWill Be Conducted Pursuant To SpecificOperating 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 thisgrant. 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 above23

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 feetAGL. 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 theoperating documents. 8.The SO must not perform anyother 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 otherinstruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa 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 responsibilityto track such revisions and24

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 ofexemption. 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 ofthe 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 aircraftrecords. 11. Any UASthat has undergone maintenance oralterationsthat affectthe 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 aircraftrecords. 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 carryout 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 of25

work accomplished, andthesignature of the authorized person returning the UAS toservice. 15. Each UAS operated under this exemption must comply with all manufacturer SafetyBulletins. 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 acommercial instrument pilotcertificate and at least a currentthird
- 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 qualificationflight 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 notauthorized. 20. The UA may not operate within 5 nautical miles of an airport reference point26

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 Administratorupon 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 milesfrom 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 tothe intended landing point and land the UA with 25% battery powerremaining. 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 lessthan 48 hours priorto 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 have27

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 tothe 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 orvehicle. 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. Barriersorstructures are present thatsufficiently 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 immediatelyand/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 essential28

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 onthe NTSB Web site: www.ntsb.gov.

**2.** ReasonsWhyAn Exemption From The Requirements Of Section 61.113(a)And (b) Would Not Adversely AffectSafety. CRAIG MCNAMARA submits that the equivalent level of safety established by Section 61.113(a) and (b)will be maintained because no PICwill 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 andstructures. 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 relieffrom 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 andstructures. 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 currencypurposes). 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 regulationswould ensure safe operations, stating asfollows: 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 oftotal 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 hours30

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 inthetotal 25 hours of UAS rotorcrafttime. 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 alsofindsthat priordocumentedflight 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
-buildingflights the PIC is required to operate the UA with appropriatedistances inaccordancewith 14 C.F.R91.119.

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 andstructures.

**3.** Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely AffectSafety.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 limitationsherein. 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 NotAdversely AffectSafety. 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 groundlevel. 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 NotAdversely AffectSafety. 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 visualwarnings 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 AdverselyAffectSafety. 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 MCNAMARAAerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, CRAIG MCNAMARAwill 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 AppendixC. 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 of34

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 areconsidered.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 SafeOperation. 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 requirementsfor consideringwhether a UASwill create a hazardto users ofthe NAS or the public, or otherwise pose a threat to national security; and further, providesthe authorityforsuch UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe36

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 thefollowing: 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 theregulations. 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 conditionsfor 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 WhichCRAIG MCNAMARASeeks 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:ThisexemptionwillpermitCRAIGMCNAMARAtocommerciallyoperate anUnmannedAircraftSystem(UAS)forthepurposeofconductingaerial mapping, imaging, video and photography over certain areas of the UnitedStates.

**•** Any Additional Information, Views, Or Arguments Available To Support CRAIG MCNAMARA’sRequest. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333,which directs the Secretary ofTransportation 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 setforth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, or otherwise poses a threat to national security; and further, provides the authority for such UAS to operate without airworthinesscertification. As discussed in detail above, CRAIG MCNAMARAwill operate the DJI Phantom 3 Professional UASsafely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to nationalsecurity.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,forthe 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 ofthe FAA Modernization and ReformAct 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 UAScommerciallywithin theNAS.

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 Respectfullysubmitted,
CRAIG MCNAMARA 21520 Fox Ridge Road39

Watertown, NY. 13601 P
-315
-777
-0761 craigmcnamara29@gmail.com

Appendices:

A

–Link toDJI Phantom 3 Professional UAS manual: Click on linkbelow https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual

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