December 11, 2015

U.S. Department of Transportation

Docket Managements System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear FAA/FSS representative,

This letter is a formal request for exemption for the petitioner, Patrick S. McCurry, a licensed 

helicopter pilot, from Federal Regulations CFR 14 § 61.23(a) and (c), CFR 14 § 61.101(e)(4) 

and (5), CFR 14 § 61.113(a), CFR 14 § 61.315(a) and (3), CFR 14 § 91.7(a), CFR 14 § 

91.119(c), CFR 14 § 91.121, CFR 14 § 91.151(a)(1), CFR 14 § 91.405(a), CFR 14 § 

91.407(a)(1), CFR 14 § 91.409(a)(1) and (2), and CFR 14 § 91.417(a) and (b) for commercial 

use of a UAS in accordance to the FAA Modernization and Reform act of 2012. 

It is in the public interest to grant this request for several reasons. The video and photos from 

the UAS are used to promote a product or service of a business, bring new perspective to a 

video project, and showcase real estate properties in an innovative way. The UAS is 

becoming a vital asset to video productions by adding a new, unique vantage point. Since a 

small UAS is much more accessible and easier to operate than a helicopter, they can replace 

helicopters for many video applications. Using a small UAS in place of a helicopter when 

possible substantially reduces risk of injury to persons or damage to property, especially if 

operation is in a confined area. Aerial views of properties can be beneficial to the real estate 

market by bringing potential buyers to local communities. 

The UAS planned to be used are the DJI Phantom 2, DJI Inspire, or DJI S1000 weighing less 

than 55 pounds. The UAS to be used will be dependent on the purpose and surrounding 

environment most suitable for that particular UAS and job (i.e. a small UAS will be used 

indoors). The UAS will be used primarily for the purpose of closed-set motion picture and 

television filming, real estate, and data acquisition. 

Regarding the Unmanned Aircraft System

The UAS has several fail safe features which increase safety. A warning light is programmed 

to flash and audible tone sounds when the battery level is at 30%. The UAS will be 

immediately landed when the fail safe lights and sound are active to provide abundant time to 

safely maneuver the UAS to a designated landing zone and safely land. The UAS is also 

equipped with a feature that automatically lands if battery power is exhausted, preventing an 
uncontrolled crash due to low battery power. Other safety features include a “return to home” 

feature which is activated if UAS communication or GPS signal is lost. The DJI S1000 has 

redundancy to the effect that if one of the eight props is disabled the S1000 is still able to 

continue stable flight and safely maneuver to the landing zone. DJI equipment also uses 

software that prevents the UAS from being flown in “No fly zones”. 

An on screen display is used to receive live data from the UAS allowing the PIC and an 

observer keep the UAS within the altitude and speed limitations. The on screen display 

information also contains the UAS heading as well as distance from the point of origin that 

may be helpful for navigation and orientation purposes. 

Flight modes are also available on each UAS. During all operations, the UAS will be kept in 

attitude or GPS modes, adding an additional layer of safety and stability to the UAS platform. 

Attitude mode keeps the UAS level to prevent the aircraft from flipping over and GPS mode 

keeps the aircraft from drifting unexpectedly with the wind. The UAS (DJI Inspire and S1000) 

also have flight modes that can be activated in flight to bring the UAV back to it's point of 

origin, regardless of the orientation of the UAS by pulling back on the “cyclic” control, which is 

also helpful in the event of PIC disorientation. 

All control and video transmissions will be made on 2.4 GHz radios, keeping the UAS 

operation from interfering with other signals and equipment as well as keeping foreign signals 

from interfering with the drone flight. Any frequencies prohibited by the FCC will not be used. 

Regarding the Unmanned Aircraft PIC

The PIC is an FAA licensed airman with with a well rounded knowledge of aviation 

procedures, operations, and rules. The PIC will have either an FAA issued airman medical 

certificate or U.S. driver's license available upon request. 

Regarding the Operation of the UAS

Operations will be conducted in a manner that matches or exceeds the safety of any other 

commercial aircraft. Flights will only be conducted away from crowds and persons not 

participating in UAV operation and in a controlled space where the UAS is permitted to be 

flown. A visual observer will also be present to help keep track of the UAS and assist the PIC 

and verbally communicate at all times. An aviation transceiver will also be available so the 

PIC/VO has the ability to check wind/weather conditions or listen for approaching air traffic for 

additional safety. All operations will be conducted at least 500 feet from non participants and 

obtain appropriate permission from participants and property owners where the flight 

operations are conducted. The PIC of the UAS will give way to any manned aircraft or 

aviation operations. 

All UAS flights will be conducted below 400 feet AGL, at least 500 feet below clouds, 2,000 

feet horizontally from clouds, and within visual line of site of the PIC and observer. 

Operations will be conducted at daytime in VFR conditions and at least 5 nautical miles from 

any airport, heliport, or any other airport reference point denoted in the FAA Airport/Facility 
Directory unless a letter of agreement with that airport's management is obtained or otherwise 

permitted by a COA issued to the exemption holder. 

Prior to each flight, a preflight examination of the UAS will be preformed and determined to be 

in a condition for a safe flight. Bolts and nuts will be checked for tightness and any torque seal 

checked for breaks or cracks. Propellers and components will be secure and checked for 

tightness. The UAS frame will be visually checked for any cracks or structural damage. A test 

flight will be conducted if any maintenance is done or components are replaced on UAS. A 

briefing will also be conducted before flights with participating parties. 

The operator will follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements for the UAS and it's components. 

UAS flights, maintenance, repairs and any damage will be logged in a log book. 

Thanks for your consideration,

Patrick Sean McCurry