New York Office

244 5th Avenue Suite 202 

New York, NY 10001 

Telephone: (917) 423-2323

Hackensack Office 

58-60 Main Street, 3rd Floor, 

Hackensack, New Jersey 07601

Tel. 201-880-8999 ۰ Fax. (201) 580-4311

Paterson Office 

922 Main Street, Suite 304

Paterson, New Jersey 07423 

Telephone: (973) 910-1699

Nima Ameri, Esq.

Nima.ameri@AmeriLawFirm.com

May 14, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Macallan & Associates LLC Petition for Exemption to Operate

Unmanned Aircraft Systems

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

Aviation Regulations from: 14 CFR Part 21, Subpart H; 14 C.F.R. 45.23(b); 14 CFR

61.113(a)&(b); 14 C.F.R. 91.7(a); 14 CFR 91.9(b)(2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109;

14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)&(b); 14 CFR

91.405(a); 14 CFR 407(a)(1); 14 CFR 409(a)(2); 14 CFR 417(a)&(b)

NAME AND ADDRESS OF PETITIONER

Macallan & Associates LLC

Co-Founder: Elliot Sloan

720 Monroe Street C210

Hoboken, NJ 07030

(201) 835-9841

ejs@macallanassociates.com

COUNSEL FOR PETIOTNER

Nima Ameri

AMERI & ASSOCIATES

58-60 Main Street

Hackensack, NJ 07601

(201) 880-8999

nima.ameri@amerilawfirm.com
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Petition Summary

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95

(2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general

exemption authority under 49 U.S.C. section 44701(f), Macallan & Associates LLC (“Petitioner”)

hereby petitions for exemptions from Section of 14 CFR Part 21, Subpart H; 14 C.F.R. 45.23(b);

14 CFR 61.113(a)&(b); 14 C.F.R. 91.7(a); 14 CFR 91.9(b)(2); 14 C.F.R. 91.103(b); 14 C.F.R.

91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)&(b); 14

CFR 91.405(a); 14 CFR 407(a)(1); 14 CFR 409(a)(2); 14 CFR 417(a)&(b)

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of

small camera-mounted unmanned aircraft systems (“UAS”) meeting or exceeding all of the

operational and safety requirements Congress has set forth in Section 333. All UAS operations

will be in accordance with Macallan & Associates LLC’s Standard Operating Procedures (SOPs)

or as established by the FAA.

Macallan & Associates LLC is a digital media company requesting to be exempt from Federal

Aviation Regulations (FARs), in an effort to operate UAS with a maximum weight less than three

pounds, in use of commercial applications for photography & videography. This request

specifically serves the public interests to help advance and innovate aerial capabilities for

photography & videography production, and professional marketing services. The granting of

this exemption should reflect Petitioners experienced pilots, professional approach to UAS

operations, awareness of restricted & operational airspace, commitment to FAA educational

opportunities and thorough understanding of FAA rules and regulations. The approval of the

exemptions outlined below will greatly enhance safety by reducing the overall risk associated

with traditional aerial photography and videography services. The Petitioner spares no safety

measure to ensure compliant and controlled operations.

Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS.

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the (comprehensive) plan

and rule making required by section 332(b)(1) of this Act or the guidance required by section

334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a

mechanism for “expedited operation authorization” if several factors are met. Petitioner meets

all requirements to permit FAA approval of commercial UAS operations.

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned

aircraft systems may operate safely in the National Airspace System (NAS) before completion of

the rule making required under Section 332 of the Reform Act. In making this determination, the

Secretary is required to determine which types of UAS do not create a hazard to users of the

NAS or the public or pose a threat to national security in light of the following:
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• The UAS's size, weight, speed and operational capability

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator

Reform Act 333 (a). If the secretary determines that such vehicles "may operate safely in the

National Airspace System, the Secretary shall establish requirements for the safe operation of

such aircraft in the National Airspace System.”

Given the small size of the UAS utilized by Petitioner, in conjunction with the safety protocols

outlined below will allow for a greater than equivalent level of safety in which Congress

envisioned that the FAA must, by exemption allow commercial operations of UAS to commence

immediately. Considering the size of the UAS utilized by Petitioner weighing under 3 pounds,

and the controlled areas and altitudes in which they operate, approval of the exemption presents

no national security issues. Macallan & Associates LLC has established an extensive risk

management process for all operations to ensure absolute minimal safety concerns. Provided

the clear direction in Section 333 of the Reform Act, the authority contained in the Federal

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed

operations, the significant public benefit including enhanced safety, reduction of environmental

impacts, and reductions of costs associated with UAS’s versus traditional aircraft for aerial

photography & photography services thereby benefiting the greater public's interest.

Accordingly, the applicant requests that the FAA grant the requested exemption without delay.

UAS Standard Operating Parameters

The limitations and conditions listed below are binding for the operation of UAS for commercial

purposes by Macallan & Associates LLC:

1. The UAS will weigh less than 3 pounds at take off and during flight.

2. All flights will take place during the daytime and clear of clouds.

3. All flights will be operated within visual line of sight (VLOS) of the pilot and observer.

4. All flights will be terminated within 25% of battery life remaining.

5. All flights will not exceed the max operational flight time of 15 minutes.

6. The UAS pilot will be Pilot in Command (PIC).

7. Minimum crew for each operation will consist of one certified commercial pilot with a current

FAA medical and the visual observer.

8. All flight require real time communication capability between pilot and observer(s)

9. All flights will be operated at an altitude no more than 400 feet AGL.

10. Prior to all flights, the Pilot in Command (PIC) will conduct a full site survey to determine the

Area of Responsibility (AOR). Each survey will include the assessment of potential hazards

to include but not limited to airspace classification, temporary flight restrictions, NOTAMS,

closest airport proximity, and all natural and manmade obstacles. If deemed necessary,

Petitioner will employ additional safety observers and safety measures.

11. UAS will not operate within 5 miles of any airport(s).

12. All flights will require written and/or verbal permission from relevant property owners

associated with the flight operation and Petitioner will obtain consent for any persons who

need to be within 100 feet of the flight operation.
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13. All flights will be operated at a lateral distance of at least 50 feet from any inhabited

structures, buildings, vehicles, vessels, or individuals not associated with the operation or

those that have not signed a waiver in advance of the operation.

14. All required permissions and permits will be obtained from the state, county, or city

jurisdictions, including law enforcement and any other appropriate governmental agencies.

15. All flights require a briefing in regard to the UAS operation prior to each day’s production

activities. All personnel involved with the operational duties of the flight to be present for this

briefing.

16. Petitioner will employ sign notifications for all operations in areas close to public activity.

17. If the UAS loses communication of loses GPS signal, the UAS will have the capability to

return to a pre-determined location (home function) within the Area of Responsibility (AOR)

and land autonomously.

18. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather,

or emergencies.

Requested Exemptions

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, identifies requirements for processing necessary

airworthiness certificates in relation to 91.203(a)(1). The size, weight, speed and controlled area

of operations for Petitioners UAS flights permits exemption from Part 21 because Petitioner

meets necessary level of safety pursuant to Section 333 of the Reform Act. The FAA is

authorized to exempt aircraft from the airworthiness certificate in consideration of weight, size,

speed, maneuverability and proximity to areas such as airports and dense populations.

Petitioner meets or exceeds this criteria.

14 C.F.R. 91.203 (a&b) addresses carrying of civil aircraft certifications and registrations. The

certification and registration requirements are inapplicable. The necessary level of safety will be

achieved by keeping certifications and registrations at Petitioners operations center.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. 

Airworthiness certificate will not be necessary due to reasons listed above, this regulation is

inapplicable.

143 C.F.R 61.113(a)(b) Private Pilots Privileges and Limitations: Pilot in Command

143 C.F.R 61.113(a)(b) limits private pilots to non-commercial operations. Considering the UAS

does not carry a pilot or passengers unlike a conventional aircraft and the PIC has over 100

hours of UAS flight time, the necessary level of safety will be accomplished. The area of

operation is a controlled setting, and all flights are thoroughly planned and coordinated in

advance.

14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. Considering this is an

unmanned aircraft, and given the size of the UAS, this regulation is inapplicable. The necessary

level of safety will be accomplished by keeping an operators manual at Petitioner’s operations

center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
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14 C.F.R. 91.103(b) Preflight action

14 C.F.R. 91.103(b) States before beginning a flight the PIC must become familiar with all

available information concerning the flight. This information must include: (b) For any flight,

runway lengths at airports of intended use, and the following takeoff and landing distance

information. This is not applicable due to Petitioner’s off airfield operations.

14 C.F.R. 91.109 Flight instruction; Simulated instrument flight and certain flight tests.

14 C.F.R. 91.109 addresses the operation of a civil manned aircraft aligned with training and

flight tests. This is not applicable to the UAS utilized in Petitioner’s operations.

14 C.F.R. 91.121 Altimeter Settings

14 C.F.R. 91.121 addresses altimeter settings which is inapplicable because Petitioner’s UAS

utilizes GPS systems and internal gyroscopes.

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.151 prohibits beginning a "flight in an airplane 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- (1) During the day to fly after that for at

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes” The battery the UAS

utilized by Petitioner provides approximately 15 minutes of powered flight which is less than the

reserve requirement listed in 14 C.F.R. 91.151. In consideration of the limitations of the UAS, its

ability to land immediately, and Petitioner’s strict policy of limiting all flights to 25% of battery

power, this regulation is inapplicable. This policy ensures the UAS will return to its planned

landing zone in all operations. FAA exemptions have been granted to other operations, including

Exemptions 2689F, 5745, 10673 and 10808.

14 C.F.R. 45.23 Marking of the Aircraft

14 C.F.R. 45.23 addresses requirements of an aircraft to be marked according to certain

specifications. Considering the aircraft utilized by Petitioner is unmanned and due to the

absence of a cabin or cockpit to mark certain words or phrases, this regulation is inapplicable.

Two-inch lettering is unachievable because of the size of the UAS, however Petitioner will mark

the aircraft "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f). The FAA has

previously issued exemptions to this regulation including Exemptions Nos. 8738, 10167,10167

A, and 10700.

14 C.F.R. 91.119 Minimum Safe Altitudes

14 C.F.R. 91.119 addresses safe altitudes for the operation of civil aircraft. Petitioner will only

operate UAS below 400 AGL. Additionally, Petitioner will operate UAS in a defined and

controlled AOR that has been carefully inspected for hazards and flights will only be conducted

over private property with consent of the property owner. The necessary level of safety will be

achieved considering the size, weight and speed of the UAS along with the controlled location

where it is operated.

14 C.F.R. 91.405(a), 407(a)(1), 409(a)(2), 417(a&b) Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have the aircraft inspected as

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

of this chapter. .. " and others shall inspect or maintain the aircraft in compliance with Part 43.

Given these sections and Part 43 only apply to aircraft with an airworthiness certificate; it is not

applicable to Petitioner. The necessary level of safety will be achieved through Petitioner’s strict

requirement of pilot in command (PIC) conducting preflight protocols, through-flight and post

flight inspections of the UAS to ensure it's flight worthiness prior to launch and during flight.

Petitioner’s UAS will always be flown in compliance with the UAS manufactures manual

including firmware updates as well as flight checklist. The Petitioner will maintain performing

required maintenance of UAS and will keep a log of any maintenance performed. 

Pilot in Command (PIC)

The Pilot in Command (PIC), William Chatham is a managing partner at Macallan & Associates

LLC. William has held a current FAA pilots license for over 10 years with instrument multiengine

and glider ratings. William has logged over 1000 hours in various types of aircraft in the past 10

years. He is a current member of the US Air Force Auxiliary and is a former mission pilot for the

US Air Force. In addition, he has longed had huge interests in UAS operations and capabilities.

He has planned, built, and flown hundreds of model airplanes, helicopters, multicopters, and

rockets. This foundation in UAS relevant practices and technologies has allowed William to

successfully work as a professional UAS operator, cinematographer, and UAS consultant over

the past years. He is also a DJI certified technician with over 500 hours of multicopter flight time.

Unmanned Aircraft System (UAS)

The UAS to be operated under this request is the DJI Phantom 2 Quadcopter. Dimensions for

this UAS are 11.25 in. rotor to rotor - 15.25 in. diagonal rotor to rotor with a total fully loaded

weight less than 3 pounds. This craft operates electrically, carries no explosive material or

flammable liquid fuels, operates exclusively within secured areas, with an integrated GPS pilot

system with programmed no fly zones for controlled airports to ensure safety of persons and

property within and surrounding the limited operating area. The current firmware will not allow

UAS to fly or operate within 2 miles of any registered airport. The DJI Phantom 2 Quadcopter

has flight speeds of 10m/s and a max ascent / descent speed of 6m/s with a max operational

flight time expiring at 15 minutes.

Radio Frequencies

Operational frequency is 2.4GHz ISM (flight control only)

Communication distance is 1000m

Receiver sensitivity is (1%PER) : -97dBm

Pre Flight UAV Inspection

1. Check firmware on UAS and install latest firmware versions when available.

2. Review weather conditions and operation flight plan.

3. Thorough inspection of all operation surroundings for public safety, flight obstructions, and

any other flight hazards.

4. Check batteries for full charge.
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5. Inspect all propellers for any cracks and tightness.

6. Turn on RC transmitter, set mode channels to GPS, and set throttle position to idle.

7. Turn on UAS and while motionless allow systems self-check.

8. Re-calibrate magnetic compass.

9. Check for GPS through On Screen Display (OSD) - no less than 7 satellite connections.

10. Ascent UAS in GPS mode to height of 10m to check for stable hover and locked position for

45 seconds. 

UAV Manufacturer Maintenance Process

1. Visually inspect quadcopter for cracks.

2. Visually inspect quadcopter for missing screws and replace if needed.

3. Check propellers for undo ware damage and replace is needed.

4. Check motors for smooth rotation without attached propeller.

5. Check firmware is up to date.

Additional UAV Inspection

After each 60 minutes of flight time, the UAS will undergo thorough inspection of all aircraft

components, including but not limited to actuators / servos, motors, propellers, batteries, remote

command and control.

*DJI Phantom 2 Aircraft flight manual supplied

Compliance, Safety, and Public Interests

Based on the size of the craft, experience of Pilot in Command (PIC), and bound operational

commitments the petitioner’s request is well suited for approval in accordance with Section 333

of the FAA Modernization and Reform Act of 2012. The UAS will be utilized in a variety of

applications that traditionally may require much larger manned aircraft carrying crew and

flammable fuel to provide services such as photography and videography. The apparent safety

and cost benefits achieved by replacing larger manned aircraft to provide such services

proposed by the Petitioner gives the FAA good cause to find that the UAS operations enabled

by the petition are in the public interest. By granting the requested exemptions, the FAA will help

advance the development of safe and successful commercial UAS operations.

Privacy

All UAS operations will be flown over private or controlled access property with property owners

prior consent and knowledge. Photography & videography will only be of individuals who have

consented prior or have otherwise agreed to be in the area where photography and videography

will be taking place. All flights will occur in compliance with any state or local laws regarding

privacy.
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Conclusion

For the foregoing reasons, the regulatory exemptions requested herein should be granted and

Petitioner should be permitted to conduct small UAS operations in accordance with its manuals

and all operating parameters deemed necessary applicable by the FAA.

Respectfully submitted,

By ___________________________

Nima Ameri, Esq.

AMERI & ASSOCIATES, LLC

By ___________________________

Elliot Sloan

MACALLAN & ASSOCIATES LLC