U.S. Department ofTransportation Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

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

Federal Aviation Regulations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

"Reform Act") and 14 C.F.R. Part 11, McCook Aerial Photography, an operator of the

DJl Phantom 3 (collectively, the "UAVs") seeks an exemption from the Federal Aviation

Regulations ("FARs") listed below:

● 14 C.F.R. 21

● 14 C.F.R. 45.23

● 14 C.F.R. 45.29

● 14 C.F.R. 61.3

● 14 C.F.R. 61.113(a)&(b)

● 14 C.F.R. 61.133(a)&(b)

● 14 C.F.R. 91.121

● 14 C.F.R. 91.7(b)

● 14C.F.R.91.119

● 14 C.F.R. 91.151(a)

● 14 C.F.R. 91.203(a)&(b)

● 14 CFR Subpart E (91.401 ­ 91.417)

The requested exemption would authorize commercial operations using the UAVs for

mapping and survey applications, including real estate photography and precision

agriculture. These operations will be subject to strict operating requirements and

conditions defined in the paragraph 3.

1. CHARACTERISTICS OF THE AIRCRAFT

● The UAVs are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.

The Phantom 3 is electric powered rotary wing UAS that are capable of
transmitting live airborne video images and location information to a Ground

Control Station (GCS). Both the Phantom and Inspire store the photographs and

data on board and makes them available for download after completion ofthe

flight. The Phantom 3 is lighter at 2.2 pounds. 14 in x 14 in x 6 in. Well under the

55 lbs mandated in the FMRA. The Phantom has a maximum cruising speed of

29 knots. It is battery powered, has a flight endurance of 22 minutes and can

operate in temperatures ranging from 0° to 40° C. The Phantom has

omni­directional antenna with a range of 2.1 km and operating in the 2.420 ­

2.483 GHz frequency range,

2. APPLICATIONS

McCook Aerial Photography intends to use the UAVs to collect aerial data for use in the

following areas:

• Real Estate Photography

• Surveying

• Precision Agriculture

With regards to precision agriculture, this exemption will allow McCook Aerial

Photography to assist customers with crop yield optimization, resource allocation and

management, pest control, and risk management. McCook Aerial Photography

proposes to use a small, lightweight UAV and proprietary cloud­based software to

collect, process, and analyze aerial data. In doing so, McCook Aerial Photography

would occupy a brand new space in a transformative industry by providing high quality

and actionable information to users. McCook Aerial Photography’s use of the UAVs

would contribute to various social goods, from environmental protection to improved

crop yields. In providing this service, McCook Aerial Photography would empower

researchers and farmers to make better management decisions through software that

identifies disease and insects, nutrient deficiencies, and materials for increasing yields

with fewer resources.

Operations wlder the exemption will be subject to strict operating requirements and

conditions to ensure at least an equivalent level of safety to currently authorized

operations using manned aircraft and under conditions as may be modified by the FAA

as required by Section 333. All sUAS flights that will occur over private or controlled

access property, will do so with the property owner's prior consent and knowledge and

that only people who have consented or otherwise have agreed to be in the area where

filming will take place will be filmed.
3. Operating Requirements

Grant of the exemption to McCook Aerial Photography for the DJI Phantom 3 will be

subject to the following operating conditions:

● 1. Operations authorized by this grant of exemption are limited to the UAVs when

weighing less than 55 pounds including payload. Proposed operations of any

other aircraft will require a new petition or a petition to amend this exemption.

● 2. Operations for the purpose of closed­set motion picture and television filming

are not permitted.

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

hour). The exemption holder may use either ground speed or calibrated airspeed

to determine compliance with the 87 knot speed restriction. In no case will the UA

be operated at airspeeds greater than the maximum UA operating airspeed

recommended by the aircraft manufacturer.

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

ground level

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

times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC's FAA­issued airman

medical certificate or U.S. driver's license.

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

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

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

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

times; electronic messaging or texting is not permitted during flight operations.

The PIC must be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The PIC must ensure that the VO can

perform the duties required o f the VO.

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

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

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

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

Administrator upon request. If a discrepancy exists between the conditions and
limitations in this exemption and the procedures outlined in the operating

documents, the conditions and limitations herein take precedence and must be

followed. Otherwise, the operator must follow the procedures as outlined in its

operating documents. The operator may update or revise its operating

documents. It is the operator's responsibility to track such revisions and present

updated and revised documents to the Administrator or any law enforcement

official upon request. The operator must also present updated and revised

documents if it petitions for extension or amendment to this grant of exemption. If

the operator determines that any update or revision would affect the basis upon

which the FAA granted this exemption, then the operator must petition for an

amendment to its grant of exemption. The FAA's UAS Integration Office (AFS­80)

may be contacted if questions arise regarding updates or revisions to the

operating documents.

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

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

must undergo a functional test flight prior to conducting further operations under

this exemption. Functional test flights may only be conducted by a PIC with a VO

and must remain at least 500 feet from other people. The functional test flight

must be conducted in such a manner so as to not pose an undue hazard to

persons and property.

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

that it is in a condition for safe operation.

● 10. Prior to each flight, the PIC must conduct a preflight inspection and determine

the UAS is in a condition for safe flight. The pre­flight inspection must account for

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

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

aircraft is prohibited from operating until the necessary maintenance has been

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

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

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

components.

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

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

manufacturer's safety bulletins.
● 13. Under this grant of exemption, a PIC must hold either an airline transport,

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

hold a current FAA airman medical certificate or a valid U.S. driver's license

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession,

or the Federal government. The PIC must also meet the flight review

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated

on his or her pilot certificate.

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

demonstrates the ability to safely operate the UAS in a manner consistent with

how the UAS will be operated under this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from persons,

vessels, vehicles and structures. PIC qualification flight hours and currency must

be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the

purposes of training the operator's P!Cs and VOs (training, proficiency, and

experience­building) and determining the PIC's ability to safely operate the UAS

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

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

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

proficiency, and experience­building flights, all persons not essential for flight

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

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

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

1.1. All operations must be conducted under visual meteorological conditions

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

● 16. The UA may not operate within 5 nautical miles of an airport reference point

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for

airports not denoted with an ARP, the center of the airport symbol as denoted on

the current FAA­ published aeronautical chart, unless a letter of agreement with

that airport's management is obtained or otherwise permitted by a COA issued to

the exemption holder. The letter of agreement with the airport management must

be made available to the Administrator or any law enforcement official upon

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

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

PIC.

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

to a pre­determined location within the private or controlled­access property.

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

emergencies.

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

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

conduct the intended operation and to operate after that for at least five minutes

or with the reserve power recommended by the manufacturer if greater.

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

All operations shall be conducted in accordance with an ATO­issued COA. The

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

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

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

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

identification (N­ Number) markings in accordance with 14 CFR part 45, Subpart

C. Markings must be as large as practicable.

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

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

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

aircraft is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

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

and activities at all times.

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

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

nonparticipating persons, vessels, vehicles, and structures unless:
1. Barriers or structures are present that sufficiently protect nonparticipating

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

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

arises where nonparticipating persons leave such protection and are within 500

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

the safety of nonparticipating persons; and

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

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

assessment of the risk of operating closer to those objects and determined that it

does not present an undue hazard.

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

nonparticipating persons under this exemption.

● 27. All operations shall be conducted over private or controlled­access property

with permission from the property owner/controller or authorized representative.

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

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

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS­80) 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.

4. CONCLUSION

● Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 ­

size, weight, speed, operating capabilities, proximity to airports and populated

areas, and operation within visual line of sight and national security­ provide

more than adequate justification for the grant of the requested exemptions

allowing commercial operation of applicant's UA Vs for the Purposes outlined

herein and are consistent with exemptions already granted.

McCook Aerial Photography respectfully submits that because these small, unmanned

aerial vehicles will be used in lieu of comparatively hazardous operations now

conducted with fixed wing and rotary conventional aircraft, the FAA can have

confidence that the operations will achieve at least an equivalent level or greater level of

safety. Approval of this exemption would thereby enhance safety and fulfill the
Secretary of Transportation's (the FAA Administrator's) responsibilities under Section

333(c) of the Reform Act to "establish requirement for the safe operation of such aircraft

systems in the national airspace system."

Michael McCook

Mccook Aerial Photography.

mmccook3@gmail.com

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

McCook Aerial Photography requests an exemption from the following regulations as

well as any additional regulations that may technically apply to the operation of the

UAVs:

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

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21,

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required by FAR§ 91.203(a). Given the

size of the UAVs, they are very light weight and the limited operating area associated

with its utilization, it is unnecessary to go through the certificate of airworthiness process

under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part

11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the

Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the UAS involved. An

analysis of these different criteria demonstrates that the UAVs operated without an

airworthiness certificate, under the conditions proposed in that exemption, will be at

least as safe, or safer, than a conventional aircraft with an airworthiness certificate. A

proprietary risk assessment for operations with the UAVs, which demonstrates that

assertion, is also being submitted to the FAA as part of this application.

14C.F.R.§45.23& 14C.F.R.§45.29: Display Of Marks; size of marks
These regulations provide that each aircraft must display "N" and the aircraft's

registration number in letters at least 3 inches high. Additionally, the aircraft must

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to

the cabin, cockpit, or pilot station.

Given the size of the UAVs, compliance with this requirement is impossible.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember

of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in

that person's physical possession or readily accessible in the aircraft when exercising

the privileges of that pilot certificate or authorization. However, when the aircraft is

operated within a foreign country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act

as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a

private pilot to act as pilot in command of an aircraft in connection with any business or

employment if:

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

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

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in

airworthy condition. Should the exemption be granted allowing commercial operation of

the UA Vs without an airworthiness certificate, no standard will exist for airworthiness

ofthe UAVs. Given the size of the aircraft and the previous airworthiness assessments

given to the UAVs, among others.

An equivalent level of safety will be achieved by insuring compliance with the UAV

manuals prior to each flight.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.
This regulation provides that no person may operate an aircraft unless a current,

approved flight manual is in the aircraft. Ag Tech assumes that the intent of this

requirement is to ensure that flight manual infonnation is available to the aircrew while

operating the aircraft. McCook Aerial Photography requests an exemption to this

requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew.

The equivalent level of safety will be achieved by keeping a hard copy of the flight

manual in the UA Vs transportation box.

14 C.F.R. § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the

aircraft will be operating at a maximum of 400 feet AGL, the UA Vs cannot comply with

this requirement.

The equivalent level of safety will be achieved because the UAVs will only fly over

private property with the permission of the landowner. The operator will define before

every flight a working area radius and a flight area ceiling, preventing the UA Vs to go

beyond the flight area. The landowner and the persons who may be on the ground in

the flight area will be briefed of the expected route of flight and the associated risks to

persons and property on the ground. Due to the small size of the UAVs and the material

with which the UAVs is built, the hazard to persons, vessels, vehicles, and structures is

not comparable to manned aircraft and should be considered in granting the exemption.

Moreover, the aircraft will not be operated over congested areas nor over any open­air

assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit

fails, an emergency landing without undue hazard to persons or property on the surface.

14 C.F.R. 91.121­ Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising

altitude or flight level of the aircraft, as the case may be, by reference to an altimeter

that is set, when operating below 18.000 feet MSL to:

● The current reported altimeter setting of a station along the route and within 100

nautical miles of the aircraft;
● If there is no station within the area prescribed in paragraph (a)(l)(i) of this

section, the current reported altimeter setting of an appropriate available station;

● 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.

● To provide an equivalent level of safety, the UA Vs autopilot calculates the

reference altitude (ground level) with the on­board GPS during the preflight tests.

The GPS and barometer data are merged with respect to their respective

precisions. The GPS provides reliable information to correct potential barometric

bias, while rapid variations in altitude are detected through the barometer.

Hence, barometric bias induced by environmental factors is rejected.

● 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

● The regulation provides that no person may begin a flight in an airplane under

day­VFR conditions unless there is enough fuel to fly to the first point of intended

landing and to fly after that for at least 30 minutes.

● Given the area of operation for the UA Vs, Ag Tech believes that an equivalent

level of safety is already achieved with the specific procedure preventing the

UAVs to accept an order if the battery level is below a given value.

● 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

● This regulation provides as follows:

● No person may operate a civil aircraft unless it has an appropriate and

current airworthiness certificate.

● No person may operate a civil aircraft unless the airworthiness certificate

required by paragraph (a) of this section or a special flight authorization

issued under §91.715 is displayed at the cabin or cockpit entrance so that

it is legible to passengers or crew.