January 13, 2016

U.S. Department of Transportation Federal 

Aviation Administration

8 0 0 Independence Avenue, SW 

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (“FMRA”), 49 U.S.C § 44701(f) and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Jeffery McGee, a 

certificated private pilot, lighter-than-air category with a free balloon class rating and operator 

of an Unmanned Aircraft System (UAS), hereby apply, on my own behalf and registered DBA,

Virtual Tours by Jeff, for an exemption from the listed Federal Aviation Regulations (“FARs”) 

to allow commercial operation of its UAS, 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.

I. Exemption Requested

Pursuant to Section 14. C.F.R § 11.81 (e), I request exemption from 14.C.F.R. Part 21, 

Subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119(c), 91.121, 91.151(a), 91.203(a) 

and (b), 91.215(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, 

Code of Federal Regulations (14 CFR). This proposed exemption would allow the operation of 

unmanned aircraft systems (UAS) for the purpose of aerial videography and photography real 

estate purposes and events.

II. Applicant Name:

Jeffery McGee 

Owner

Virtual Tours by Jeff (DBA)

2214 Landau Lane

Bossier City, LA 71111

III. UAS Operating Parameters
Commercial operation of an UAS, as described herein, which are equipped with camera and 

sensors, would operate in the following manner:

A. Aerial photography and/or video for public and/or private use including real estate 

and other related professional activities.

B. Aerial video and/or photography for public and/or private use including public and 

private events.

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited, b) controlled, c) 

predetermined, and d) will provide safety enhancements to the already safe operations in the 

industry presently using conventional aircraft. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a 

PHANTOM 2 UAS. I will operate a UAS, the DJI Phantom 2 and Phantom 3 Pro, which are

comprised of an unmanned aircraft (UA or Phantom), an attached camera and a transportable 

ground station.

The PHANTOM 3 is a quadcopter with a gross weight of 2.8 pounds. It is equipped with four 

rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed 

of 16 m/s. It will be operated over various suburban areas, primarily around Shreveport and 

Bossier City, LA, to augment real estate listing videos, capture event aerial video and 

photography, and related business operations.

I will abide by the following additional operating conditions under this exemption, which 

ensures a level of safety at least equal to existing rules:

1. operate UAS below 300 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation;

2. obtain permission from the owner/controller of any vessels, vehicles and structures when 

operations may be conducted closer than 500 feet to any such vessels, vehicles or 

structures; I will conduct a safety assessment of the risk of operating closer to those 

objects and determine that it does not present an undue hazard;

3. operate the UAS for 5-10 minutes per flight;

4. land UAS prior to the manufacturer’s recommended minimum level of battery power;

5. operate UAS during daylight hours only within visual line of sight (VLOS);
6. use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and 

then slowly lands if communication with the remote control pilot is lost;

7. conduct all operations under the flight safety protocols (including posting a warning 

sign reading: “Attention Aerial Photography in Progress – Remain Back 100 feet”) 

contained in the operating documents and will actively analyze flight data and other 

sources of information to constantly update and enhance safety protocols;

8. contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent 

information;

9. always obtain all necessary permissions prior to operation; have procedures in place 

to abort flights in the event of safety breaches or potential danger;

10. only operate in safe environments that are strictly controlled, are away from power 

lines, elevated lights, airports and densely populated areas (defined by areas depicted in 

“yellow” on VFR charts and through obtaining information regarding congested areas 

from the local Flight Standards District Office (FSDO); and

11. conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference PHANTOM Flying Flow Chart and User Manual).

Regarding UAS operational training, I have flown numerous practice flights in remote areas as 

hobbyists simulating flights for future commercial use to gain familiarization with the 

characteristics of the UAS’ performance under different temperature and weather conditions.

I will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. I will also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations. In addition to the hour 

requirements, I will accomplish 3 take-offs and recoveries in the preceding 90 days (for 

currency purposes) prior to any flight.

IV. Specific Exemptions Requested Detailed

Pursuant to 14 C.F.R. § 11.81 (e), the following exemptions are requested:

1. 14 C.F.R. Part 21, Subpart H & 14 C.F.R. §91.203 (a) and (b). Given the small size, 

weight, speed, and limited operating area associated with the UA and the safeguards that 

will be taken, an exemption from 14 CFR Part 21, Subpart H (Airworthiness 
Certificates) and §91.203 (a) and (b) (Certifications required), should be granted with 

consideration of the size, weight, speed and operational capability, and proximity to 

airports and populated areas of the particular UAS.” 

2. 14 C.F.R. 45.23. I request an exemption from §45.23 Marking and Identification 

Requirements of the aircraft because the UA will not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, the two-inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. Regardless of this, we can mark the UAS in the largest possible 

lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) 

so that anyone will see the markings.

3. 14. C.F.R. 91.7(a). I request an exemption from §91.7(a) which prohibits the 

operation of an aircraft without an airworthiness certificate, since there is currently 

no certificate applicable to our operation, this regulation is inapplicable. I will 

conduct daily pre and post flight inspections in accordance with manufacturer’s 

maintenance manual(s). During flight, I will adhere to §91.7(b) and abort air 

operations immediately upon identification of an in-flight emergency or other 

unsafe condition. By complying with procedures outlined by the manufacturer, an 

equivalent level of safety will be achieved.

4. 14. C.F.R. 91.9(b). I request an exemption from § 91.9(b) which requires an aircraft 

flight manual in the aircraft, however since there are no pilots or passengers on 

board the aircraft and given its size, this regulation is inapplicable. I believe an 

equivalent level of safety will be achieved by maintaining a safety/flight manual 

with the UAS ground station.

5. 14. C.F.R. 91.119. I request an exemption from § 91.119 which prescribes safe 

altitudes for the operation of civil aircraft, but it allows helicopters to be operated at 

lower altitudes in certain conditions. I will not operate our UAS above the altitude 

of 400 feet above ground level (AGL) and will also only operate in safe areas away 

from the public and traffic, thus “providing a level of safety at least equivalent to or 

below those in relation to minimum safe altitudes.” Given the size, weight, lack of 

fuel, maneuverability, and speed of the UAS, an equivalent or higher level of safety 

will be achieved.

6. 14. C.F.R. 91.121. I request an exemption from § 91.121 Altimeter settings as it is 

inapplicable since the UAS utilizes electronic GPS with a barometric sensor. The GPS is 

precise within a few feet and combined with fail-safes and a visual observer the 

operating will meet an equivalent or higher level of safety.

7. 14. C.F.R. 91.151(a). I request an exemption from § 91.151(a) Fuel requirements for 

flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued

per the operating documents, the UAV will be landed at the first alert. Also, our flights 
will last only 5-10 minutes each, and the UAS has an automated function, which results 

in immediate recovery when a low battery is detected. I will not begin a flight unless 

(considering wind and forecast weather conditions) there is enough power to fly to the 

first point of intended recovery and, assuming normal cruising speed, land the UA with 

30% battery power remaining. This regulation is written based on the capabilities of a 

traditional aircraft, which have flight times of several hours or greater; therefore, with a 

flight time of less than one hour, this regulation would effectively deny the ability of the 

air vehicle to operate. I will achieve an equivalent level of safety by complying with all 

manufacturer guidelines.

8. 14. C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b). I request an

exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution I will perform a preflight and postflight

inspection and maintenance in accordance with the manufacturer’s guidance as state in 

the operations manual. If maintenance is required, I will conduct a dedicated test flight to 

ensure safety before resuming commercial operations. All inspection, maintenance and 

alterations will be documented and maintained in a record. These actions will meet the 

intent of the regulations from which the exemption is being requested and lead to an 

equivalent level of safety. 

V. Public Interest

Aerial photography and videography for real estate and events are proven strategies to enhance 

marketing efforts and increase business success. The industry is not new. However, until 

recently it was conducted through the use of costly manned aircraft, a prohibitive business 

activity for small companies. By granting this exemption I would be able to provide affordable 

services.

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the operation of our 

UAS will minimize harm to the environment economic growth by providing information to 

companies and the public looking to relocate or build in the metro areas I service. Public and 

private events serviced by our business enhance vibrancy and add culture to the community and 

its citizens.
VI. Commercial Operator/Operation

I will comply with all of the following conditions and limitations should this exemption 

be provided:

1. Operations will be limited to the following aircraft described in the operating documents,

which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 2 and Phantom 3 Unmanned 

Aircraft System.

2. The UA will not be flown at an indicated airspeed exceeding 50 knots.

3. The UA will be operated at an altitude of no more than 400 feet above ground level 

(AGL), All altitudes reported to ATC must be in feet AGL.

4. The UA will be operated within visual line of sight (VLOS) of me at all times.

5. All operations will utilize a visual observer (VO). The UA will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and I will be able to communicate 

verbally at all times. The role of VO will be designated before the flight and, once assignment is 

accepted, will not transfer his or her designation for the duration of the flight. I will ensure that 

the VO can perform the functions prescribed in the operating documents.

6. The operating documents will be accessible during UAS operations and made available to 

the Administrator upon request. Any revisions to the operating documents will be presented to 

the Administrator upon request.

7. Prior to each flight, I will inspect the UAS to ensure it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be 

operated until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station will be included in the preflight inspection. 

All maintenance and alterations will be properly documented in the aircraft records.

8. Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional test 

flight. After I conduct the functional test flight, I will make an entry in the aircraft records.

9. The pre-flight inspection section in the operating documents will account for all 

discrepancies, i. e. inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents.

10. I will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

11. I will carry out maintenance, inspections, and record keeping requirements, in accordance 

with the operating documents. Maintenance, inspection, and alterations will be noted in the 

aircraft records, including total flight hours, description of work accomplished, and the signature 

of the authorized person returning the UAS to service.

12. Each UAS operated will comply with all manufacturer Safety Bulletins.

13. An authorized person will make an entry in the aircraft record of the corrective action 
taken against discrepancies discovered between inspections.

14. UAS operations will be conducted by me and I possess at least a private pilot certificate, 

will hold a valid, state government issued, driver’s license and will certify that I have no known 

medical defect that makes me unable to safely pilot the UAS. I will also meet the flight review 

requirements specified in 14 CFR 61.56 in an aircraft in which I am rated on my pilot certificate.

15. Prior to operations conducted for the purpose of aerial videography/photography and for 

real estate listing videos and public and private events and similar operations, I will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours 

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS.

16. Prior to operations conducted for the purpose of aerial videography/photography and for 

real estate listing videos and public and private events and similar operations, I will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as 

UAS pilot operating the make and model of the UAS to be used in operations. I will accomplish 

3 take-offs and recoveries in the preceding 90 days.

17. I will not operate the UAS for the purpose of aerial videography/photography and for real 

estate listing videos and public and private events and similar operations, unless I have

demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely 

operate the UAS in a manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

18. UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC).

19. The UA will not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA-published aeronautical chart.

20. The UA will 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 me.

21. If a UA loses communications or loses its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents.

22. I will abort a flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents.

23. I will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended recovery point and land the UA 
with 30% battery power remaining.

24. I will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to Air-man 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

25. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

26. The documents required under 14 CFR 91.9 and 91.203 will be available to me at the 

Ground Control Station of the UAS any time the UAS is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request.

27. The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times.

28. The UAS will not be operated by me from any moving device or vehicle.

29. The UA will not be operated over congested or densely populated areas.

30. Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. I will 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission and I 

have made a safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard, and;

c. Operations nearer me, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a).

31. All operations will be conducted over private or controlled---access property with 

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical 
boundaries of the operational area as defined by the applicable COA will be reported to the 

FAA's UAS Integration Office (AFS---80) within 24 hours. Accidents will be reported to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

VII. Summary

Pursuant to FMRA, I hereby apply for authorization to conduct commercial unmanned aerial 

systems operating for the purposes of aerial photography and videography and other work 

related to aerial photography listing Rules for each exemption is sought:

1. 14.C.F.R. Part 21, Subpart H

2. 14.C.F.R. Sections 45.23(b)

3. 14.C.F.R. 91.7(a)

4. 14.C.F.R. 91.9(b)(2)

5. 14.C.F.R. 91.119(c)

6. 14.C.F.R. 91.121

7. 14.C.F.R. 91.151(a)

8. 14.C.F.R. 91.203(a) and (b)

9. 14.C.F.R. 91.215(b)

10. 14.C.F.R. 91.405(a)

11. 14.C.F.R. 91.407(a)(1)

12. 14.C.F.R. 91.409(a)(2)

13. 14.C.F.R. 91.417(a) and (b) 

Thank you for your prompt attention and consideration. I am committed to safe USA 

operations. Please, do not hesitate to contact me directly with any questions or concerns at 

cypressla@live.com or (318) 465-0629.

Sincerely,

Jeffery McGee

Owner

Virtual Tours by Jeff (DBA)