Michael J McCue 

262 Road 6NS

Cody, Wyoming

307-272-8228

mjmccue@tritel.net

May 30, 2015 

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Madam or Sir:

Michael J McCue(the operator) is petitioning for an exemption pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (the Reform Act). Michael J McCue is hereby 

applying for an exemption from certain Federal Aviation Regulations (FARs) detailed below to 

allow for the commercial operations of a DJI Phantom 3 Professional Unmanned Aircraft 

System (UAS) for the purpose of aerial photograph, videography, cinematography, inspection, 

and training. 

Commercial operations of a UAS as requested by the petitioner is as follows: 

1. Aerial photography and/or video for public or private use including land survey, real estate, 

agriculture and other professional activities. 

2. Aerial photography and/or video for public or private use including television, public events, 

cinematography and news gathering. 

3. Aerial photography/video or live video feed during times of natural disasters or emergencies 

when requested by local governments or authorities for public welfare and safety. 

4. Provide training to persons interested in the safe use of a UAS in the NAS. This is critical for 

the safety of other users of the NAS as well as persons and property on the ground.

The petitioner and operators name and mailing address:

Michael J McCue 

262 Road 6NS 

Cody, Wyoming 82414 

Phone: 307-272-8228, 307-587-8228 

Email : mjmccue@tritel.net 
Regulations from which the exemption is requested: 

14 CFR 61.23(a) and(c) 

14 CFR 61.101(e)(4) and (5) 

14 CFR 61.113(a) 

14 CFR 61.315(a) 

14 CFR 91.7(a) 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a)(1) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(1) 

14 CFR 91.409(a)(1) and (2) 

14 CFR 91.417 (a) and (b)

to the extent necessary to allow the petitioner to operate the DJI Phantom 3 Professional UAS to 

preform aerial video and photographic collection. 

Reason for seeking relief 

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

under controlled conditions in the NAS that would be 1) limited 2) controlled 3) responsible and 

would provide safety enhancements and economic benefits to a new and rapidly expanding 

segment of the aviation industry. 

Aircraft and Operator Equivalent level of safety 

Michael J McCue (the operator) petitions for exemptions to the above listed CFRs as necessary to 

operate the DJI Phantom 3 Professional UAS. The DJI Phantom 3 Professional has a Maximum 

Gross Weight of 2.82 lbs., maximum calibrated airspeed of 31 knots or a ground speed not to 

exceed 87 knots. The Phantom 3 is equipped with a fail-safe Return to Home (RTH) feature. In 

the event of loss of communications between the UA and its controller or low battery charge the 

UA will automatically climb to a PIC selected safe altitude and return and land at its takeoff 

point or land in place. This feature can be manually engaged by the operator in the event of 

emergency or loss of visual contact. The UAS has a data base that includes no-fly zones that 

prevents the UA from being flown into or taking-off from UA prohibited airspace. Prior to flight 

the PIC (pilot in command) can limit the range and altitude of the UA by setting in the 

Controller Operating System limits to the maximum altitude (400' agl) and an operating distance 

which insures visual line of sight (VLOS) of the PIC and Visual Observer (VO) at all times. The 

DJI Phantom 3 Professional will be maintained, overhauled, inspected and life limited parts 

replaced in accordance with the recommendations of the UAS manufacturer (DJI) and any safety 

bulletins, Airworthiness Directives (ADs) or emergency orders issued by the manufacturer or 

FAA. After any maintenance or alteration than affects the Phantom 3 Professional's operation or 

flight characteristics the Phantom 3 Professional will undergo a functional test flight. A 

maintenance log book will be kept detailing all maintenance, alterations, inspections and repairs. 

Prior to each flight the PIC will preform a pre-flight inspection as outlined in the DJI Phantom 3 

Professional Users Manual. All flights will be planed considering wind and forecast weather 
conditions to have sufficient battery power for the UAS too conduct the intended operation and 

to operate after that for 5 minutes. The PIC will have available and review current Aeronautical 

Charts, TFR's, Notam's, and aviation weather forecasts for the area in which the UAM will be 

operated. The operator will insure that the UAS is operated with a minimum crew consisting of 

a PIC and VO. The operator will insure the PIC has an FAA issued pilots certificate, a current 

flight review as specified in 14 CFR 61.56 and current FAA airman medical certificate or valid 

U.S. drivers license. The operator will insure that the PIC demonstrates the ability to safely 

operate the UAS and will operate the UAS within the limits specified in the operators exemption, 

FARs and manufactures user manual. Each PIC will keep a flight logbook detailing each flight. 

The VO will be familiar with all documents and operating limitations and hold at least a state 

issued Drivers License. The UAV will be registered in accordance with 14 CFR part 47 and 

marked with an N-Number in accordance with14 CFR part 45, Subpart C. Markings will be as 

large as possible. The operator will NOT operate the UAS for the purpose of closed-set motion 

picture and or television filming and production. All operations will be conducted in the United 

States 

The operator Michael J McCue holds an FAA Airline Transport Certificate and is a licensed 

Airframe and Powerplant Mechanic. He has been involved with commercial aviation for the past 

50 years. During that time he was a Captain and flight instructor for a major U.S. airline flying 

world wide (now retired). He has flown Corporate and Charter aircraft and instructed in light 

fixed wing aircraft. He has flow search and rescue aircraft, Air Tankers (fire suppression) as well 

as agricultural aircraft. He has flown fixed wing aircraft for photography and videography. His 

involvement in model aircraft started 55 years ago with control line models and continues with 

todays electric RC aircraft and UAS. 

Benefits to the Public with this exemption 

Low level aerial photography, videography and search and rescue in conventional fixed wing and 

rotorcraft is expensive, noisy and hazardous. Hazardous for the pilots and passengers as well as 

persons and property on the ground. Doing the same work with a UAS substantially reduces the 

risks. With no onboard pilots or passengers there is no risk in the event of an accident. With the 

small size, low noise level and lack of volatile fuels onboard the UA poses little risk to person or 

property on the ground when operated in a professional and responsible manner. UAS's offer 

the public an economical and safe alternative to fixed wing and rotorcraft for low level aerial 

photography, videography and search and rescue.

The Phantom 3 Professional Users Manual will be sent as a separate attachment. 

Sincerely, 

Michael J McCue