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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 Part 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 have 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 McCarthy, 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, aerial 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 propose 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 31 knots) equipped with a 

Sony EXMOR 20mm camera with intent for aerial videography/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, unmanned 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 community videos and

within property boundaries for individual homeowner real estate listing videos/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 existing 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 carries 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 Part 21,Subpart H(Airworthiness

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 Part 11 and Section 333 of P.L. 112-95 (Section 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 station 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 largest 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 exemption 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 preflight 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,

however 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

Part 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 this 

UAS’ performance under different temperature and weather conditions. I also own and
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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 limited

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 lands if communication 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 will 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, elevation 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 lower 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 growth by providing information

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

Respectfully submitted

John McCarthy

Enclosure – Phantom 3 Advanced User Manual V1.2 .pdf