U.	S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave,	SE

Washington,	DC	20590

January	19, 2016

RE:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	of	2012	and	Part	11	of	the	Federal	

Aviation	Regulations

To	whom	it	may	concern:

In	accordance	with	the	Public	Guidance	for	Petitions	for	Exemption	filed	under	Section	333,	I,	

Stephen	McLaughlin (herein	referred	to	as	“The	Applicant”), request	exemption	from	the	

Federal	Aviation	Regulations	to	allow	for	commercial	operations	of	a	DJI	Phantom	3	

Professional,	an	Unmanned	Aerial	System	(UAS), for	purposes	of	aerial	photography	and	

videography;	but	only so	long	as	such	operations	are	conducted	within	and	under	the	

conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by	Section	333	or	

Section	49	USC	§	44701.

Applicant:

Stephen	McLaughlin

McLaughlin	Advertising

115	S.	Park	St.

San	Angelo,	TX		76901

(325)	947-2595

stephen@mclaughlinadvertising.com

UAS for	Proposed	Operations:

DJI	Phantom 3	Professional

Regulations	from	which	the	exemption	is	requested:

1. 14	CFR	21,	Subpart	H

2. 14	CFR	45.23	(b)

3. 14	CFR	61.113	(a)	&	(b)	&	14	CFR	61.133	(a)

4. 14	CFR	91.9	(b)	(2)

5. 14	CFR	91.103	(b)	(2)

6. 14	CFR	91.109

7. 14	CFR	91.119	(c)

8. 14	CFR	91.121

9. 14	CFR	91.151	(a)

10. 14	CFR	91.203	(a)	&	(b)

11. 14	CFR	91.405	(a)

12. 14	CFR	91.407	(a)	(l)
13. 14	CFR	91.409	(a)	(l)	&	(a)	(2)

14. 14	CFR	91.417	(a)	&	(b)

14	CFR	21,	Subpart	H - In	consideration	of	the	size,	weight,	speed,	and	limited	operating	area	

associated	with	this	UAS	and	its	operation,	The	Applicant requests relief	from	14	CFR	part	21,	

Subpart	H,	and	any	associated	noise	certification	and	testing	requirements	of	part	36.	The	UAS	

will	carry	neither	pilot,	passenger,	explosive	materials, nor	flammable	liquids.

14	CFR	45.23	(b) - Even	though	the	UAS	will	have	no	airworthiness	certificate,	relief is	needed

as	the	UAS	will	have	no	entrance	to	the	cabin, cockpit	or	pilot	station	on	which	the	word	

"Experimental"	can	be	placed.	Given	the	size	of	the	UAS,	two-inch	lettering	will	be	impossible.	

The	word	"Experimental"	will	be	placed	on	the	fuselage	in	compliance	with	§45.29	(f).	The	

equivalent	level	of	safety will	be	provided	by	having	the	UAS	marked	on	its	fuselage	as	required	

by	§45.29	(f)	where	the	pilot,	observer	and	others	working	with	the	UAS	will	see	the	

identification	of	the	UAS	as	"Experimental."

14	CFR	61.113	(a)	&	(b)	&	14	CFR	61.133	(a) - Since	the	UAS	is	incapable	of	carrying a	pilot	or	

passengers,	The	Applicant	requests relief.	Any	pilot	in	command	(PIC)	operating	the	UAS	will	

hold	a	Sport	Pilot	(or	greater)	certificate.	A	visual	observer	(VO)	will	be	utilized	and	required	to	

communicate	verbally	at	all	times.	The	UAS	will	be	limited	to	operations	within	visual	distance	

of	both	the	PIC	and	VO.	All	UAS	operations	will	take	place	in	a	controlled	area.	The	risks	

associated	with	the	use	of	a	UAS	are	far	less	than	similar	commercial	aircraft	operations.

14	CFR	91.9	(b)	(2) - Given	the	size	and	configuration,	the	UAS	has	no	ability	to	carry	a	flight	

manual	on	the	aircraft.	There	is	no	room,	capacity,	or	pilot	on	board	to	adequately	carry	a	flight	

manual.	An	equivalent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	the	

ground	station	where the	UAS	pilot	will	have	immediate	access	to	it.

14	CFR	91.103	(b)	(2) - As	no	FAA	approved	flight	manuals	will	be	provided	for	the	aircraft, an	

exemption	is	needed.	Alternate	procedures	including	but	not	limited	to	reviewing	weather	

conditions,	checking	flight	battery	requirements,	checking	takeoff	and	landing	distances	along	

with	those	found	in	the	attached	"DJI	Pilot	Training"	will	be	implemented.	These	actions	will	

provide	an	equivalent	or	higher	level	of	safety.

14	CFR	91.109 – The	UAS	does not	have	fully	functional	dual	controls.	Flight	control	is	achieved	

through	the	use	of	a	control	box	that	communicates	with	the	aircraft	via	radio	signal.	An	

equivalent	level	of	safety	will	be	achieved	using	the	real	time	ground	station	data,	given	that	

the	UAS	will	carry	neither	a	pilot	nor	passengers.

14	CFR	91.119	(c) - The	UAS	will	never	be	operated	at	an	altitude	higher	than	400	feet	AGL.	The	

UAS	will	operate	in	safe	areas	away	from	public	and	traffic	and	only	with	permission	of	the	

property	and	structure	owners.	The	UAS	will	also	be	restricted	by	the	flight	controller	to	a	

maximum	vertical	height	of	400	feet	AGL,	and	1,500	feet	horizontal.	Given	the	size,	weight,	

maneuverability	and	speed	of	the	UAS,	an	equivalent	or	higher	level	of	safety	will	be	achieved.
14	CFR	91.121 - As	the	UAS	is	not	equipped	with	a barometric	altimeter,	but	instead	a	GPS	

sensor	for	altitude	information, an	exemption	may	be	required.	An	equivalent	level	of	safety	

will	be	achieved	using	a	ground	station	which	links	to	a	telemetry	data	link.	This	will	provide	the	

pilot	with	live	flight	data	monitoring,	confirming	the	altitude	of	the	launch	site	shown	on	the	

GPS	altitude	indicator	prior	to	flight.

14	CFR	91.151	(a) - The	UAS	has	a	limited	range	and	will	be	limited	to	operations	in	a	controlled	

environment.	The	battery	power	the	UAS	provides	approximately	23	minutes	of	flight	time.	The	

UAS	is	unable	to	meet	the	30-minute	reserve	requirement	and	therefore	requires	an	

exemption.	An	equivalent	level	of	safety	will	be	achieved	by	monitoring	the	battery	through	the	

ground	station	and	landing	with	a	minimum	of	30	percent	battery	power	remaining.

14	CFR	91.203	(a)	&	(b) - Given	the	size	and	configuration,	the	UAS	has	no	ability	to	carry a	

flight	manual	on	the	aircraft.	There	is	no	room,	capacity,	or	pilot	on	board	to	adequately	carry	a	

flight	manual.	An	equivalent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	

the	ground	station	where	the	UAS	pilot	will	have	immediate access	to	it.

Given	the	following	sections	only	apply	to	aircraft	with	an	airworthiness	certificate, these	

sections	do	not	apply	to	The	Applicant.	As	a	safety	precaution,	the	operator	will	perform	

preflight	inspections	and	ensure	UAS	is	in	working	condition	before	initiating	each	flight:

1. 14	CFR	91.405	(a)

2. 14	CFR	91.407	(a)	(1)

3. 14	CFR	91.409	(a)	(l)	&	(a)	(2)

4. 14	CFR	91.417	(a)	&	(b)

Equivalent	Level	of	Safety - In	addition	to	the	safety	standards	mentioned	above	the	UAS	will	

adhere	to	the	following	additional	guidelines:

1. The	UAS	will	not	be	operated	within	5	miles	of	an	airport	unless	prior	contact	to	Air	

Traffic	Control	has	been	established.

2. Flights	will	not	exceed	an	airspeed	of	36	mph	(31.3 knots)

3. Flights	will	be	operated	at	or	below	an	altitude	never	exceeding	400	feet	AGL.

4. The	PIC	and	VO	will	maintain	visual	contact	and	communicate	verbally	at	all	times.

5. UAS	operations	will	not	be	conducted	during	night.

6. All	operations	will	be	conducted	under	visual	meteorological	conditions.

7. The	UAS	will	land	with	a	minimum	30	percent	battery	reserve	remaining.

8. The	UAS	will	only	be	piloted	within	visual	line	of	sight.

9. The	UAS	will	utilize	an	internal	flight	safety	feature	that	will	return	to	a	preprogrammed	

position	and	land	if	communication	with	the	remote	control	is	lost.

10. Preflight	inspections	and	protocol	will	be	followed	prior	to	all	operations.

11. The	UAS	will	abort	flight	in	the	event	of	unpredictable	obstacles	or	emergencies.

Public	Interest – The	Applicant believes the	use	of	a	UAS	in	lieu	of	a	manned	aircraft	would	

enhance	safety	and	reduce	the	environmental	impact	compared	to	similar	operations	
conducted	with	a	manned	aircraft	carrying	a	crew	and	flammable	fuel. When	compared	to	

similar aerial	photography	and	videography operations,	utilizing	a	UAS	poses	much	less	of	a	

safety	concern	for	the	general	public	with	less	fuel,	time,	noise	and	other	resources.

Privacy - All	flights	will	occur	over	private	or	controlled	areas	with	the	owner's	consent.	

Capturing	people	in	images and	video will	occur	only	if	the	person	has	provided	consent	and	is	

authorized	to	occupy the	controlled	area.

Sincerely,

Stephen	McLaughlin

Owner,	McLaughlin	Advertising