pg o’hara & company

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue SE 

Washington, DC 20590 

04 July 2015 

RE: PG O’Hara & Company’s Petition for Exemption to Operate Unmanned 

 Aircraft Systems for Aerial Photography and Videography

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

C.F.R. Part 11, PG O’Hara & Company hereby applies for exemption from the Federal Aviation 

Regulations (FARs) listed herein and any other necessary to allow its operation of small 

Unmanned Aircraft Systems (sUAS), in the advancement of corporate goals that include: 

• Aerial survey of real estate (land), 

• Aerial survey of structures (buildings/fixtures), 

• Aerial photography. 

BACKGROUND

PG O’Hara & Company, a Washington State Corporation, has typically consulted with 

aerospace entities over a broad spectrum of issues, from manufacturing to flight crew 

training. Recently, the Company was approached by a local provider of inspection services, 

typically of property and structures that include industrial, residential and agricultural entities, 

to operate UASs in support of their business. The use of UASs enhances their business 

model giving them access to more effectively and rapidly asses a certain situation and at the 

same time increasing safety and exposure of their employees. PG O’Hara & Company is 

comprised of retired airline personnel primarily from Operations and Maintenance 

department backgrounds who are knowledgable of the National Airspace System and Federal 

Aviation Regulations making the Company a natural fit for UAS operation.

The Unmanned Aircraft (UAS) to be utilized, DJI Phantom 3, described herein is smaller, 

lighter and more maneuverable than conventional aircraft. powered by non-combustible fuel 

source, operates at lower altitudes with no people on board and will thereby reduce current 

risk levels and enhance safety. With a small payload and maximum flight time of under 30 

minutes, this offers little or no risk to national security.

Sec 333 of FMRA 1 of 8 Petition for Exemption
pg o’hara & company

THE UNMANNED AIRCRAFT (UAS)

DJI Phantom 3 Advanced/Professional aircraft are essentially the same vehicle with the 

exception of the camera quality, therefore operation of either craft is synonymous:

• Composite construction,

• 4 motors (quadcopter),

• 23 minute flight time, 

• Under 10 pounds takeoff weight, 

• Max speed 36 MPH (16/mps). 

Digital Flight Controller with GPS/GLONASS:

• Provides Fail Safe features that allow the aircraft to return to the launch point and land 

automatically in the event the command and control signal is lost or the battery has reached 

a pre-determined threshold. If battery reaches a critical level, the aircraft will descend and 

land at the current location. Control of the aircraft is maintained during descent to allow the 

PIC to guide it to a safe landing. 

• “Home Lock” function allows safe return of the aircraft in the event of a motor failure 

• Contains a database of airports and restricted airspace and automatically prevents 

operation in these areas 

• On Screen Display of Telemetry. Telemetry data on the video downlink to provide the pilot 

with heading, speed, height, distance, GPS information, and current battery voltage as well 

as indicating proximity to airports and restricted airspace. 

• Direction back to launch point is also indicated.

• FCC Compliant 

GROUND STATION EQUIPMENT

• The Phantom 3 Professional’s flight controller features several important upgrades, 

including a new flight mode. Safety modes include Failsafe and Return-to-Home. These 

features ensure the safe return of your aircraft if the control signal is lost. The flight 

controller can also save critical flight data from each flight to the on-board storage device

• 2.4 GHz radio control unit (FCC Licensed) 

• 5.8 GHz video receiver (FCC Licensed) 

• Display of video and telemetry

• Directional antenna for improved reception. 

Sec 333 of FMRA 2 of 8 Petition for Exemption
pg o’hara & company

GROUND CREW

The ground crew required to operate the UAS will be comprised of; 

• Pilot in Command (PIC). The pilot in command will possess at least a recreational pilot 

certificate, be proficient at UAS operations as described in the FLIGHT chapter of the User 

Manual, prepare for the flight activity by ensuring compliance with the Exemption, weather 

conditions, Area of Operations including hazards, ensure unobstructed communication with 

the visual observer (VO),

• Visual Observer (VO). The visual observer will provide additional situational awareness during 

flight operations. The visual observer will maintain communication with the PIC at all times 

during flight operations and inform the PIC of any hazards to the operation. 

OPERATIONAL PARAMETERS

• The UAS will weigh less than 55 pounds. 

• Flights will be operated within visual line of sight of a pilot and/or observer. 

• Maximum total flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 30 minute limit. 

• Flights will be operated at an altitude of no more than 400 feet AGL. Unless a specific COA 

is obtained, the limit will be according to the “blanket” COA of 200 feet. 

• The Pilot-In-Command will be trained and proficient in the operation/limitations of the UAS, 

• The Observer will be trained and proficient in observer duties, 

• Permission will be obtained from the property owner. 

• Pilot and observer will be able to communicate by voice at all times during the operation. 

• The UAS will only be operated during daytime hours in VFR weather conditions. 

• Operations may not be conducted aboard a moving device or vehicle. 

• Operation near airports will be conducted according to the “blanket” COA unless another 

COA is obtained.

PRE-FLIGHT CHECKLIST

In addition to the preflight steps detailed in the FLIGHT chapter of the DJI Phantom 3 

Advanced/Professional User Manual, the PIC will ensure the following prior to commencing 

flight operations: 

• Area of Operation is Secure (personnel are notified, barriers are in place) 

• Wind speed is 20 knots or less.

• Weather conditions are DVFR 

• Note launch elevation and compute max operating altitude of 400’ AGL. 

• Establish communication and confirm the operational plan with VO, 

• Announce intention to take off by announcing “Take Off”.

Sec 333 of FMRA 3 of 8 Petition for Exemption
pg o’hara & company

DOCUMENTATION

The following documents are linked here and are provided in support of this petition.

• DJI Phantom 3 Advanced/Professional Release Notes 

• DJI Phantom 3 Advanced/Professional User Manual 

• DJI Phantom 3 Advanced/Professional Quick Start Guide 

• Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0

http://www.dji.com/product/phantom-3/download

REGULATIONS FOR WHICH EXEMPTION IS SOUGHT AND ARGUMENT FOR 

EQUIVALENT LEVEL OF SAFETY

14 CFR 21 (subpart H) Certification Procedures for Products and Parts, Airworthiness 

 Certificates

PG O’Hara & Company requests exemption from Part 21, subpart H in its entirety. 

Given the UAV’s size and limited area of operation, and inability to support manned 

flight operations an exemption from this Part meets the requirements of an equivalent 

level of safety under Part 11 and Section 333 of the FAA Modernization and Reform 

Act of 2012. Company operated UAS and replacement parts/spares are sourced 

directly from the manufacturer. The UAV(S) operated by the Company do not have a 

airworthiness certification issued under this part, effectively rendering this part non 

applicable. 

14 CFR 45.23 Display of Marks; General

PG O’Hara & Company requests exemption from 45.23(b). Size limitations of the UAV 

and the fact that no pilot or passenger will occupy the craft. The registration “N” 

number will be affixed to the UAV and a placard with the word “Experimental” will be 

affixed to the pilot controller. An equivalent level of safety will be assured as the 

placard will be in plain view of the Pilot-In-Command. 

14 CFR 45.27 Location of Marks; Nonfixed-Wing Aircraft

PG O’Hara & Company requests exemption from 45.27(a) Size limitations of the UAV 

and the fact that no pilot or passenger will occupy the craft. The registration “N” 

number will be affixed to the UAV and a placard with the word “Experimental” will be 

affixed to the pilot controller. An equivalent level of safety will be assured as the placard 

will be in plain view of the Pilot-In-Command. 

14 CFR 45.29 Size of Marks 

PG O’Hara & Company requests exemption from 45.29. Size limitations of the UAV 

and the fact that no pilot or passenger will occupy the craft. The registration “N” 

number will be affixed to the UAV and a placard with the word “Experimental” will be 

Sec 333 of FMRA 4 of 8 Petition for Exemption
pg o’hara & company

affixed to the pilot controller. An equivalent level of safety will be assured as the placard 

will be in plain view of the Pilot-In-Command. 

14 CFR 61.56 Flight Review 

PG O’Hara & Company requests exemption from 61.56. The company would like, from 

time to time, utilize the services of certified Commercial or Airline Transport Pilots 

(ATP) that are either retired from commercial or military service and no longer 

exercise the privileges of their certificate. In these instances it would become a 

burden, both logistically and financially, to both the pilot and the company to accomplish 

the flight portion of the Fright Review. In these instances, the pilot will be required to 

attend a one hour ground review with a Certified Flight/Ground Instructor as outlined 

in this part and then demonstrate proficiency with the UAV operated by the Company. 

An equivalent level of safety is assured because the vast aeronautical experience the 

pilot posses and the ability to maneuver the UAV under observation. The majority of 

UAVs, including those to be operated under this exemption, are of the “quad-copter” 

variety and the flight characteristics are vastly different than that of a airplane typically 

operated by certificated airmen during a flight review. Only those pilots in possession 

of a Commercial and /or Airline Transport Pilot airman certificates will be included in 

this exemption. 

14 CFR 61.101 Recreational Pilot Privileges and Limitations

PG O’Hara & Company requests exemption from 61.101(e)(4). Because the UAS is 

incapable of pilot or passenger carriage, the proposed operations achieve the 

equivalent level of safety of current operations by requiring the Pilot-In-Command 

operating the UAS to have at least Recreational Pilot’s certificate rather than a 

Commercial Pilot’s certificate to operate a sUAS, even though UAS operations receive 

monetary or other compensation for work performed. Unlike a conventional manned 

aircraft, a UAS is remotely controlled by a ground-based operator. The operational 

area is controlled and restricted, and all flights are planned and coordinated in 

advance. The level of safety exceeds that provided by a single individual holding a 

Commercial Pilot’s certificate operating a conventional aircraft for hire. The risks 

associated with the use of a UAS are so diminished from the level of risk associated 

with commercial operations contemplated by part 61 allowing UAS use by a 

recreational pilot as Pilot-In-Command exceeds the present level of safety sought by 14 

C.F.R. 61.101 (e)(4).

14 CFR 61.113 Private Pilot Privileges and Limitations, Pilot in Command

PG O’Hara & Company requests exemption from 61.113 (a) and (b). Because the 

UAS is incapable of pilot or passenger carriage, the proposed operations achieve the 

equivalent level of safety of current operations by requiring the Pilot-In-Command 

operating the UAS to have a Private Pilot’s certificate rather than a Commercial Pilot’s 

certificate to operate a sUAS, even though UAS operations receive monetary or other 

compensation for work performed. Unlike a conventional manned aircraft, a UAS is 

remotely controlled by a ground-based operator. The operational area is controlled and 

restricted, and all flights are planned and coordinated in advance. The level of safety 

exceeds that provided by a single individual holding a Commercial Pilot’s certificate 

Sec 333 of FMRA 5 of 8 Petition for Exemption
pg o’hara & company

operating a conventional aircraft for hire. The risks associated with the use of a UAS 

are so diminished from the level of risk associated with commercial operations 

contemplated by part 61 allowing UAS use by a private pilot as Pilot-In-Command 

exceeds the present level of safety sought by 14 C.F.R. 61.113 (a) and (b).

14 CFR 91.7 Civil Aircraft Airworthiness

PG O’Hara & Company requests exemption from 91.7 (a). There is no Airworthiness 

Certificate issued for Company UAS and no FAA standard for determining 

airworthiness. Given the size of the aircraft and use of the guidance contained in the 

manufacturer’s Users Manual for maintenance and safety checks prior to flight an 

equivalent level of safety will be assured. 

14 CFR. 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements

PG O’Hara & Company requests exemption from 91.9 (b)(2). Due to the limited size of 

the UAS and it’s configuration it is incapable of carriage of such a Flight Manual 

onboard. UAS information manuals (i.e. User Manual) will be maintained in a controlled 

manner suitable for pilot and observer access. 

14 CFR 91.103 Preflight Action

PG O’Hara & Company requests exemption from 91.103 (b)(2). An approved Flight 

Manual is unavailable for the UAS to be utilized, however by referencing the 

manufacturers Users Manual for preflight actions in addition to the Pilot-In-Command 

reviewing weather conditions (actual and forecast), battery requirements, radio control 

communication and interference checks, environment and airspace considerations, 

and performance data prior to flight an equivalent level of safety will be assured.

14 CFR 91.105 Flight Crewmembers at Stations

PG O’Hara & Company requests exemption from 91.105. Company operated UAS do 

not support a pilot or crewmember(s) onboard, therefore this Part is non applicable to 

proposed operations. 

14 CFR 91.109 Flight Instruction; Simulated Instrument Flight and Certain Flight 

 Tests

PG O’Hara & Company requests exemption from 91.109. Company operated UASs 

are remotely piloted aircraft utilizing a single ground based control box and by design 

do not have fully functional dual controls. 

14 CFR 91.119 Minimum Safe Altitudes: General

PG O’Hara & Company requests exemption from 91.119. Company operated UAVs 

flights will be made without the permission of affected property owner(s) and/or local 

official(s). Because of the advance notice to the property owner(s) and/or 

participant(s) of the UAS activity, all affected individuals will be informed of the planned 

flight operation as compared to flight operations in conventional aircraft where 

notification is not as obvious prior to flight. The size, weight and noise footprint in 

addition to the lack of flammable fuels, deem the risk associated with UAS operations 

far less than that of conventional aircraft or rotorcraft operating at or below 500 feet 

Sec 333 of FMRA 6 of 8 Petition for Exemption
pg o’hara & company

AGL. Additionally, low-altitude operations of the UAS will increase separation between 

the UAS and conventional aircraft ensuring an equivalent level of safety is achieved. 

14 CFR 91.121 Altimeter Settings

PG O’Hara & Company requests exemption from 91.121. Company operated UAS do 

not have a barometric altimeter, but instead a GPS digital altitude input. The Pilot-InCommand is required to confirm the GPS altitude of the launch site prior to flight, 

ensuring an equivalent level of safety. 

14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions

PG O’Hara & Company requests exemption from 91.151. Company operated UASs 

batteries provide approximately thirty (30) minutes of powered flight at one hundred 

percent charge, The controller utilized by the Pilot-In-Command to maneuver the UAS 

contains a battery level indicator. Company policy require the planned landing be made 

at no less than twenty (20) percent battery life remaining. This procedure ensures an 

equivalent level of safety is maintained.

14 CFR 91.203 Civil aircraft: Certifications Required

PG O’Hara & Company requests exemption from 91.203(a)(1). Company operated 

UASs are issued no Airworthiness Certificate nor is there a location on the UAS to 

accommodate such documentation. 

14 CFR 91.405 Maintenance Required

PG O’Hara & Company requests exemption from 91.405. Company operated UASs 

are issued no Airworthiness Certificate and this part is non-applicable. An equivalent 

level of safety will be achieved by ensuring that the UAS is in working order prior to 

initiating flight, performing required maintenance, and keeping a log of any 

maintenance performed. All maintenance and inspections will be performed in 

accordance with the manufacturers Owners/Operators Manual.

14 CFR 91.407 Operation After Maintenance, Preventive Maintenance,

 Rebuilding, or Alteration

PG O’Hara & Company requests exemption from 91.407. Company operated UASs 

are issued no Airworthiness Certificate and this part is non-applicable. An equivalent 

level of safety will be achieved by ensuring that the UAS is in working order prior to 

initiating flight, performing required maintenance, and keeping a log of any 

maintenance performed. All maintenance and inspections will be performed in 

accordance with the manufacturers Owners/Operators Manual.

14 CFR 91.409 Inspections

PG O’Hara & Company requests exemption from 91.409. Company operated UASs 

are issued no Airworthiness Certificate and this part is non-applicable. An equivalent 

level of safety will be achieved by ensuring that the UAS is in working order prior to 

initiating flight, performing required maintenance, and keeping a log of any 

maintenance performed. All maintenance and inspections will be performed in 

accordance with the manufacturers Owners/Operators Manual.

Sec 333 of FMRA 7 of 8 Petition for Exemption
pg o’hara & company

14 CFR 91.417 Maintenance Records

PG O’Hara & Company requests exemption from 91.417. Company operated UASs 

are issued no Airworthiness Certificate and this part is non-applicable. An equivalent 

level of safety will be achieved by ensuring that the UAS is in working order prior to 

initiating flight, performing required maintenance, and keeping a log of any 

maintenance performed. All maintenance and inspections will be performed in 

accordance with the manufacturers Owners/Operators Manual.

SUMMARY FOR PUBLICATION IN THE FEDERAL REGISTER

Petitioner: PG O’Hara & Company, pursuant to 14 CFR Part 11 seeks exemption from the 

following Federal Aviation Regulations (FARs):

14 C.F.R §§ 21, subpart H, §45.23(b), §45.27(a), §45.29, §61.56, §61.101(e), 

 §61.113(a) and (b), § 91.7(a), §91.9(b)(2), §91.103(b)(2), 91.105, §91.109, 

 § 91.119, § 91.121, § 91.151, §91.203(a) and (b) § 91.405, § 91.407, 

 § 91.409, § 91.417 

 to operate small unmanned aircraft systems (sUAS) for the purpose of aerial 

 survey and photography. 

Respectfully Submitted this 4th day of July, 2015. 

 

Patrick Harn 

Managing Director 

PG O’Hara & Company 

PO Box 7733 

Tacoma, WA 98417 

TEL: (206) 787-0979 

Email: flight@pgohara.com

Sec 333 of FMRA 8 of 8 Petition for Exemption