May 27, 2015 

Steven Doherty

508 Adirondack Way

Walnut Creek, Ca. 94598 

Mobile # 925-270-8089

Email: aussiesteve@gmail.com 

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590 

Exemption Request Section 333 of the FAA Reform Act of 2012 Attachments:

1) Phantom 3 Professional Quick Start Guide

2) Phantom 3 Professional User Manual

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481

in the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the 

matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355

in the matter of the petition of FLYING CAM INC 

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for 

Exemption under section 333 of the FAA Modernization and Reform Act 

of 2012, I, Steven Doherty, request exemption from the following sections of 

Title 14, Code of Federal Regulations:

61.113(a). 61.113(b). 91.119(c). 91.121. 91.151(a). 91.405(a). 

91.407(a)(1). 91.409

(a)(1). 91.409(a)(2). 91.417(a) & (b). 

My business case to operate small unmanned aircraft systems (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA) 

is for the purpose of aerial photography, structural inspections of cell towers, 

construction sites, real estate photography, and videography operations.
Performed safely, and more cost effectively with the use of small UAS at low 

altitude within the U.S. national airspace system as compared to a manned 

aircraft. Operations will be performed only at the request of and with the 

authorization and permission of clients or their authorized agents in order to 

facilitate commerce and raise awareness of the beneficial uses of small 

unmanned air systems. 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. The conditions identified and proposed by, Steven 

Doherty, are drawn from references 13. 

The FARs 

I, Steven Doherty, request exemption from the above mentioned FARs for the 

following reasons. 

61.113(a) & (b). I, Steven Doherty, request relief in order to facilitate the 

utilization of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots 

operating under this exemption would be required to comply with any conditions 

as set forth and in a similar fashion to the previously granted exemptions. A 

Visual Observer will be used at all times while under this requested exemption. 

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU),

operations conducted closer than 500 feet to the ground may require that the UA 

be operated closer than 500 feet to essential persons, or objects that would not 

be possible without additional relief. The petitioner requests modification, waiver 

or exemption and clarification concerning the terms “congested areas” and 

“densely populated”. I, Steven Doherty, request waiver for this condition to allow 

reasonable and responsible operations with safety as my main concern in areas 

of subdivisions and neighborhoods if required. 

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable 

since the UAS does not have an altimeter and instead utilizes electronic GPS with 

a barometric sensor for altitude information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION 

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS specific relief has been granted in Exemption 

Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides 

battery power remaining in percent to the PIC. The UA batteries provide 

approximately 25 minutes of powered flight. Information provided in the 

operating documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate 
a landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in 

daytime VFR conditions was reasonable.

91.405(a). 91.407(a)(1). 91.409 (a)(1) & (2). 91.417(a) & (b) As 

discussed in Exemption 11138 (DOUGLAS TRUDEAU), I, Steven Doherty, propose 

to inspect and ensure that the UAS is in a condition for safe flight in accordance 

with the operating documents. The FAA found that adherence to the petitioner’s 

operating documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and recordkeeping, were sufficient to 

ensure that safety would not be adversely affected. 

The UAS 

The DJI Phantom 3 Professional is a highly successful consumer grade small 

rotorcraft in the quadcopter configuration with an advertised weight of less than 

45 ounces (1280g) designed primarily to carry aloft a high definition camera. It 

has an advertised maximum speed of less than 30 knots (16m/s) and a 

maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by 

four electric motors with a distance between motors of less than 14 inches 

(350mm) It utilizes an internal inertial measuring unit (IMU) with integrated 

barometric sensor augmented with global positioning system (GPS) to maintain 

its geospatial orientation and position. It is controlled primarily through an FCC 

certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. It has fail safe modes of operation 

for either loss of RC or GPS signal. Altitude can be limited by the onboard flight 

controller and maximum altitude can be preprogrammed by the PIC. Battery life 

limits flight times to approximately 25 minutes. The onboard flight controller will 

warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. It is anticipated that flights 

will usually last less than 10 minutes. More information is available in attachment 

1. 

Risk mitigation 

I, Steven Doherty, have reviewed FAA exemptions reference’s 13 Conditions 

and Limitations section and believe that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure 

public safety. 
A preflight checklist will be developed and employed to ensure that the UAS’s 

airworthiness will be verified before launch. Airworthiness will be maintained by 

performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure prone components. 

I, Steven Doherty, request that in a manner similar to reference 3, be allowed to 

operate within 5 miles of an airport provided that. 

“The UA may not operate in Class B, C, or D airspace without

written approval from the FAA. The UA may not operate within 5 

nautical miles of the geographic center of a non towered airport as 

denoted on a current FAA published aeronautical chart unless a letter 

of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the 

operator’s COA. The letter of agreement with the airport management 

must be made available to the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be routine but I am 

requesting a mechanism to facilitate such activities without requesting a new and 

separate exemption(s) should the need arise. Operations within class B airspace 

are not requested due to the lack of mode C transponder. 

Public interest 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned 

aircraft of greater proportions, carrying a crew and flammable fuel. 

In regards to performing inspections of bridges, towers, and natural gas 

pipelines the UAS will minimize the risk to persons attempting to climb these 

structures and photograph problem areas. It will provide a way for companies to 

have their engineers review photographs and provide additional safety to the 

general public in regards to towers failing or natural gas pipelines having 

structural issues. Many of the natural gas pipelines in our area travel in areas 

that are hard to reach by vehicle or foot and if an area is suspected of having 

problems the UAS can reach it to make an assessment easier and safer. 

I, Steven Doherty, will also make the UAS and myself available to local volunteer 

organizations (for no charge) such as fire departments, local law enforcement, 

etc., to perform search and rescue operations, or other similar events as directed 

by authorities. 

In addition the use of the UAS in order to facilitate commerce could lead to 

economic growth. Operations for this petition will enable service for property 

owners or their designees seeking an enhanced perspective for characteristics,
amenities, and benefits of their desired photographic subjects that cannot be 

displayed through ground level photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance my personal 

photography.

A visual observer will be utilized at all times that the UAS is performing duties for 

compensation and the PIC will hold a Private Pilots license. 

Liability insurance will be obtained commensurate with the granting of this 

request for exemption. 

Flight data including UAS flight time, Control Unit operation time, incident, and 

details will be recorded for each flight and made available to the FAA at any time 

needed.

Any deviations from normal operations will also be recorded and made available 

to FAA. 

Conclusion 

I, Steven Doherty, am requesting this exemption for the purposes of aerial 

photography, structural inspections of cell towers, construction sites, real estate 

photography, and videography operations.

The reason for such a general and broad based request is that I, Steven 

Doherty, wish to utilize a business strategy in order to capitalize on opportunities 

as they may arise in the future without the long turnaround time associated with 

additional exemptions. 

My business model is based on the idea of offering small UAS services to 

individuals or companies who wish to employ these services as a safe, effective, 

and legal option to enhance their business or prevent structural disasters that 

may influence the general public or individuals. 

My own research shows an upward demand for these services that currently 

exists in the real estate market, natural gas market and other markets are just 

beginning to realize the need for such services. 

Several people are offering services such as the above in my area but I have

refrained for pursuing commercial use of my UAS until I can properly be 

authorized by the FAA. 
http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf