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John McCarthy

52 Post Road

North Hampton, NH 03862

603

- 418

- 1521

July 31 , 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Subject: Exemption Request Section 333 of the FAA Reform Act and Par t 11 of the

Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3)

(c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.119, 91.121, 91.203, 91.151

Following the format of FAA Exemption No. 12218

- Regulatory Docket No. FAA

– 2015

– 1979 I ha ve included:

1) Supplemental Response for Petition

2 ) PHANTOM 3 Advanced User Manual

3 ) Personal protocols and controls

- Safety/Flight concerns

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14

C.F.R. Part 11, I, John McCarth y , a licensed Realtor in New Hampshire for 6 years,

preparing this exemption request myself, would like to apply for an exemption from the

following Code of Federal Regulations (C.F.R) to be allowed commercial operation of

lightweight Unmanned Aircraft Systems ( UAS) for aerial data collection including, but

not limited to, a erial imaging and video of residential homes

, commercial properties and

land I list for sale and as well as properties by other local REALTORS.

I have experience in flying hobby quads for recreational purposes during the past year

without incident. I prop ose to use a DJI Phantom 3 Advanced quad

- copter (maximum

gross weight 3 pounds, equipped with four rotors that are driven by electric motors

powered by batteries, the UAS has a maximum airspeed of 3 1 knots) equipped with a

Sony EXMOR 20mm c amera with intent for aerial v ideography/cinematography to

enhance academic community awareness and augment real estate listing videos,

following an exemption and approval by the FAA.

My exemption request would permit operation of ultra

- light weight, unma nned UAS

( piloted by remote control) in predetermined areas away from general public, airports,

heliports and vehicular traffic, under 400 ft. AGL after carefully reviewing, inspecting and

examining the area of aerial observation. This would allow for communit y videos and

within property boundaries for individual homeowner real estate listing v ideos/photos

and/or commercial real estate properties

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I will abide all FAA requirements to ensure this exemption will provide a level of safety

at least equal to exis ting rules and will only operate in a safe environment that is strictly

controlled, are away from power lines, elevated lights, airports and actively populated

areas; and I will conduct extensive preflight inspections and protocols, during which

safety car ries primary importance.

**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203**

Given the size, weight, speed, and limited operating area associated with the aircraft to

be utilized, I am asking exemption from 14 CFR P art 21,Subpart H(Ai rworthiness

Certificates) and §91.203 (a) and (b) (Certifications required), subject to certain

conditions and limitations, is warranted and meets the requirements for an equivalent

level of safety under14 CFR P art 11 and Section 333 of P.L. 112

- 95 (Sectio n 333).

**14 C.F.R. 45.27(a): Location of marks; non fixed**

**- wing aircraft. 14 C.F.R. 45.29 (3)** 

**(c)(d)(e)(f)(h): Size of Marks**

Furthermore I request an exemption from §45.23 Marking of the aircraft because my

UAS will not have a cabin, cockpit or pilot stati on on which to mark certain words or

phrases. Additionally two

- inch lettering is difficult to place on such a small aircraft with

dimensions smaller than the minimal lettering requirement. I understand the need for

markings and will mark my UAS in the lar gest possible lettering by placing the word

“Experimental” or assigned number or name (based on a request or ruling by the FAA )

on its fuselage as required by §45.29(f) so that anyone assisting him as a spotter will

see the markings.

I also ask for an ex emption from §§91.405(a),91.407(a)(1), 91.409(a)(2) and 91.417(a)

and(b) Maintenance inspections may be required and should be granted since they only

apply to aircraft with an airworthiness certificate. But, as a safety precaution I will

perform a preflig ht inspection of my UAS before each flight as outlined in the operating

documents.

**14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command.**

Under §61.113 (a) and(b) private pilots are limited to non

- commercial operations,

howev er I can achieve an equivalent level of safety as achieved by current regulations

because my UAS does not carry any pilots or passengers. While helpful, a pilots’

license will not ensure remote control piloting skills. The risks of operating a UAS are far

less than the risk levels inherent in the commercial activities outlined in 14 CFR

P art 61,et seq., I requests an exemption from §61.113 Private Pilot Privileges and

Limitations.

Regarding UAS operational training, as I have previously stated, I have one year

experience flying numerous practice flights in remote areas as a hobbyist simulating

flights for future commercial use to gain familiarization with the characteristics of t his

UAS’ performance under different temperature and weather conditions. I als o own and3

practice on a computerized simulated flights software to maintain adequate skills and

response reflex time.

**14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action**

If granted an exemption I agree to additional safety procedures including, but not limi ted

to:

1) Keeping my UAS within a radius distance of 1000 feet from the controller to

both aid in direct line of sight visual observation.

2) Operate the UAS for 3

- 7 minutes per flight; land my UAS according to the

manufacturer ’s recommended minimum level of battery power.

3) Operate the UAS only within visual line of sight (VLOS).

4) Use the UAS’ global positioning system (GPS) flight safety feature; it hovers

and then slowly la nds if commun ication with the remote control is lost.

5) Conduct all operations under my own personal and flight safety protocols

(including posting a warning sign reading: “Attention Aerial Photography in

Progress

– Remain Back 150 feet”).

6) I will operate and wi ll actively analyze flight data and other sources of

information to constantly update and enhance my safety protocols.

7) Contact respective airports if operations will be within 5 miles to advise them

of estimated flight time, flight duration, elevati on of flight and other pertinent

information.

8) Always obtain all necessary permissions prior to operation.

9) Have procedures in place to abort flights in the event of safety breaches or

potential danger.

Aerial videography for geographical awareness of real estate marketing has been

around for a long time through manned fixed winged aircraft and helicopters, but for

small business owners, its expense has been cost

- prohibitive. Granting this exemption

would allow me to provide this service at a much lowe r cost. Further, my small UAS,

when used properly, will pose no threat to the public given its small size and lack of

combustible fuel when compared to larger manned aircraft. The operation of his UAS

will minimize ecological damage and promote economic gr owth by providing information

to individuals or companies looking to relocate or build in the Seacoast NH area.

Respectfully submitted

John McCarthy

E nclosure

– Phantom 3 Advanced User Manual V1.2 .pdf