Kevin Patrick Coughlin

FAA Certificate # 3692332

94 Polk Street

Freeport, NY 11520

917-309-6254

07 December 2015

U.S. Department of Transportation, Docket 

Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Filed with www.regulations.gov

Subject: Petition for Exemption Under Section 333 of 

the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Annex A: Exemption request and equivalent level of 

safety showings under applicable rules subject to 

exemption.

Annex B: DJI Phantom 3 Professional User Manual

Annex C: DJI Phantom 3 Professional Aircraft 

Specifications

Enclosure 1: Operator Checklist

Dear Sir/Madam:

This petition is being submitted on my own behalf 
without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (the Reform Act), and 14 C.F.R. 

Part 11.

Photostation Images LLC dba LI-Aerial.com and All 

Island Aerial, is applying to conduct business as a 

planned aerial video and photography company 

operating a Small Unmanned Aircraft System (sUAS) 

equipped to conduct aerial surveying for various 

industries, hereby applies for an exemption from the 

Federal Aviation Regulations (FARs) listed below to 

allow operation of our sUAS commercially in airspace 

regulated by the Federal Aviation Administration 

(FAA), so long as such operations are conducted with 

and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

Regulations from which the exemption is requested:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23

• 14 C.F.R. 61.113(a) & (b)

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121
• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91.203

• 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would permit Kevin P. 

Coughlin, under the guise of his company, to pursue his 

commercial interests in providing services to consumers 

interested in aerial data capture using a small advanced 

sUAV in the following areas of aerial data collection 

(but not limited to):

• Real estate surveying, evaluation, and marketing

• Newsgathering

• Governmental services

• Agricultural and geological surveying and research

• Wildlife, forestry, and rangeland research and 

management

• Inland Search and Rescue

• sUAS/sUAV safety training and flight instruction

Aerial data collection includes any remote sensing and 

measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, 

infrared, etc.), electronic measurement

(precision surveying, RF analysis, etc.), chemical 

measurement (particulate measurement, etc.), or any 

other gathering of data by instruments aboard the UAS.

I, Kevin P. Coughlin, state that all sUAS flights that will 
occur over private or controlled access property and will 

do so with the property owner's prior consent and 

knowledge and that only people who have consented or 

otherwise have agreed to be in the area where recording 

will take place will be filmed.

Any person who is the acting pilot in command (PIC) 

will have successfully completed and passed an FAA 

approved ground school (minimum) and hold a current 

airman medical certificate. As well as holding the 

necessary certifications, any person acting as the PIC 

will have spent significant time with the sUAV 

thoroughly inspecting and flying the unit in a controlled 

environment. The pilot in command (PIC) of the unit 

will also be required to keep a visual line of sight of the 

unit at all time by operating from the closest highest 

point on the landscape. Also, no flights will take place 

until the pre-flight checklist has been completed by the 

PIC.

1. CHARACTERISTICS OF THE AIRCRAFT

The DJI Phantom 3 Professional is a small and light 

(take-off weight of under 55 pounds) performs precision 

aerial mapping missions thanks to the onboard GPS and 

the related flight management software, including a 

monitor on the controller that receives footage from the 

camera in real time. This allows the operator to safely 

and efficiently plan a flight path, and monitor it in realtime.
The four main characteristics of the Phantom 3 

Professional are:

a. Very light weight. The Phantom 3 Professional is so 

light that the operator can launch it from any flat 

surface, let it land on almost any surface without 

requiring a parachute or landing net (belly land). Its low 

kinetic energy also significantly reduces the risk of 

hazardous situations.

b. Electric-powered. The Phantom 3 Professional is 

electric-powered brushless motor technology makes it 

silent and reliable. Due to the lack of combustible fuels 

onboard means fewer complications in the event of an 

emergency.

c. Semi-automatic flight. The artificial intelligence 

incorporated within the Phantom 3 Professional 

autopilot system continuously analyzes data from the 

onboard GPS and takes care of all the aspects of the 

flight under the supervision of the operator.

d. Option for Manual control. Additionally, the Phantom

3 Professional provides an override capability that 

allows the operator to take manual actions during the 

flight (Return to Home, Go

Land, Hold and Resume the mission) and also suspend 

automated operations and take manual control of the 

aircraft should it become necessary to respond emergent 

circumstances, thanks

to the remote controller provided with the system.
2. APPLICATIONS AND ADDED PUBLIC VALUE 

OF THE PHANTOM 3 PROFESSIONAL:

The National Association of Realtors recently issued a 

statement requiring that any aerial (sUAS/UAS) 

photography and videography involved in real estate 

surveying, evaluation, and marketing will be conducted 

by those granted this exemption. As the spouse of a real 

estate broker licensed in the State of New York, and a 

shortage of qualified operators, the added marketing 

value of using a

safe, highly controllable device such as this to perform

such detailed documentation is enormous.

More companies, organizations, and government entities 

are recognizing the need to contract licensed 

professionals and reduce liability, where safety is the 

foremost consideration in all aspects of flight 

operations.

Research findings are being expedited by, and therefore 

supporting the added benefit of using a sUAS in news 

gathering governmental services, wildlife, forestry, 

rangeland research and management, and inland search and 

rescue training. The use of these aircraft allows 

professionals in the previously mentioned field to receive 

and understand situations better, faster, and cheaper than 

traditional methods.
Furthermore, being a FAA Certificated Private Pilot, 

fully realizing the reduced cost of operating a sUAS 

over an airplane single-engine land (ASEL) is 

exponential, not to mention a drastic reduction of the 

carbon footprint in the sky utilizing renewable, 

rechargeable batteries in the sUAS vs. 100 Low Lead 

AvGas in the ASEL.

Newsgathering: As a former photojournalist with 

working relationships among numerous local, national, 

and global media outlets, the value of aerial images of 

breaking and general news is greatly valued in the 

metropolitan Long Island / New York region. For the 

reasons stated in the aforementioned real estate 

example, the use of sUAS allows news organizations 

and the public to receive news images faster, cheaper, 

and overall safer than traditional methods.

Beyond increased levels of safety, the public stands to 

benefit enormously from the news media’s use of UAS. 

UAS offer a unique, safe, low cost method of obtaining 

an aerial perspective on an area or events. From the 

printing press, to the internet, and everything in 

between, new technologies are often used to advance 

and protect the public’s First Amendment rights by 

enhancing access to important information. Like the 

technologies that came before it, UAS offer an 

alternative means to gather and disseminate news and 

other important information in situations where it would 
be too unsafe or cost prohibitive to fly a conventional 

helicopter. The public as a whole will benefit from the 

increased access to information that UAS can bring to 

newsrooms across the country.

Governmental services: From time to time, as a fixed 

wing and rotorcraft aerial photographer, I am tasked to 

perform contract aerial survey work for local, state, 

county, and federal governmental bodies. Some of this 

work, by way of example, a proposed inland wind farm

or a solar power field on government owned property, 

can be accomplished faster and in a more cost effective 

manner utilizing sUAS over a manned powered aircraft 

with the savings passed onto to the particular 

governmental body. Since there are no persons on board 

the sUAS at any given time, there is little risk to loss of 

life while still being able to cover the necessary area in 

an efficient manner.

Wildlife: Biologists in the wildlife field are finding that 

the use of sUAS units allow them to gain better

understanding of population dynamics, habitat 

assessments, individual species fitness, individual nest 

status and much more. Traditional methods such as 

many hours on foot in the field or through aerial surveys 

with chartered airplanes, have been found to be costly, 

time consuming, and at times dangerous to the event of 

a plane crash. As mentioned in the above example, there 

are no persons on board the sUAS at any given time, 
therefore a very small risk to loss of life while still being 

able to cover the necessary area in an efficient manner.

Forestry: The use of sUAS to assist with forestry 

management practices allows the user to better 

understand the fitness and density of the forest tract in 

question. Forest managers are able to use sUAS units to 

get a better and fast idea of the density of the forest tract 

to aide in better thinning practices. In turn, the fitness 

level of the forest will be higher which has many more 

additional benefits to the wildlife and recreational users 

in the area.

Rangeland: Rangeland professionals have found that 

use of sUAS units have the added benefit giving them a 

better idea of the vegetation species in the area and how 

to approach safe and

efficient management approaches. The sUAS units also 

assist with increased grazing practices; which can be 

detrimental to the tract of land and cattle in question.

Inland Search and Rescue: As a First Lieutenant in the 

Civil Air Patrol (CAP), the official auxiliary of the 

United States Air Force, we perform three 

congressionally assigned key missions: disaster relief, 

aerospace education, and emergency services which 

includes inland search and rescue, by air and ground. 

Many CAP groups and squadrons nationwide are 

turning to sUAS as a cost effective alternative to 
launching search and rescue sorties in CAP owned 

airplanes. Time in assembling a search and rescue flight 

crew of: a mission pilot, mission observer, and two 

mission scanners can often take several hours to gather, 

travel to the airport, preflight the aircraft, test photo 

equipment, and await a takeoff clearance. In search and 

rescue, every minute, and at times, every second, is 

crucial in conducting regular CAP tasks such as locating 

missing hikers,or finding the wreckage of a crashed 

manned aircraft. With a ready to go sUAS, one can 

power it up and search and film in real time a target area 

much faster and cheaper. Since there are no persons on 

board the sUAS at any given time, there is little risk to 

loss of life while still being able to cover the necessary 

area in an efficient manner.

In addition to being an FAA Private Pilot, Certificate 

#3692332, I, Kevin P. Coughlin, have completed 8 

hours in classroom and practical training in the 

following fields: Drone Industry 101, Basic Training, 

and the Advanced Missions Courses conducted by Dart 

Drones, an FAA Exempt Company, FAA Exemption 

#11625. (PDF’s of my certificates are attached). I intend 

to share my knowledge learned in these intense courses 

with hobbyists and those interested in pursuing sUAS on 

a commercial basis.

OPERATING CONDITIONS

Grant of the exemption to Photostation Images LLC dba 

LI-Aerial.com and All Island Aerials, for the DJI 
Phantom 3 Professional, who will be subject to the 

following operating conditions, based on the operating 

conditions set forth

by the User Manual (see Annex B), and the factors the 

FAA is to consider under section 333.

The main restrictions are summarized below:

• Operations to be conducted over private, controlledaccess, or public property where approved;

• Permission from the land owner/authority required 

before commencing any flight;

• Operations over congested areas shall be avoided;

• Operations must not interfere with manned aircraft 

operations, must yield the right of way to manned 

aircraft, and operators must See & Avoid other aircraft 

and obstacles at all times;

Operations limited to Visual Flight Rules 

Meteorological Conditions (VMC) and daylight hours;

• Aircraft operations must remain within Visual Line of 

Sight (VLOS) and will be visually monitored at all 

times;

• VLOS guaranteed with a GPS geo-fence around 

operator of 0.5 miles and a flight ceiling 

preprogrammed

at 400 feet AGL;

• All operations conducted within 5 miles from an 

airport shall only be initiated after verbal coordination 

with the airport authority, or air traffic control when a 
control tower is present at the airport;

• All operations shall comply with required permissions 

and permits established by territorial, state, county or 

city jurisdictions; including local law enforcement, fire, 

or other appropriate governmental agencies;

• The DJI Phantom 3 Professional operations will be 

compliant with existing safety procedures inherent to 

the activities of the related company.

• Due to the geographic locations of work type, most 

surveying will be completed in areas away from airports 

and/or highly populated areas.

CONCLUSION

We respectfully request exemption under Section 333 to 

enable Photostation Images LLC dba LI-Aerial.com and 

All Island Aerials to

operate efficient, limited, low-risk commercial sUAV 

operations for the activities stated, respecting at all 

times the space and privacy of citizens and property 

while keeping our skies safe.

Sincerely,

Kevin Patrick Coughlin

FAA Certificate # 3692332

94 Polk Street

Freeport, NY 11520

917-309-6254

ANNEX A: EXEMPTION REQUEST AND 
EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO 

EXEMPTION

Photostation Images LLC dba LI-Aerial.com and All 

Island Aerial, requests an exemption from the following 

regulations as well as

any additional regulations that may technically apply to 

the operation of the DJI Phantom 3

Professional:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a 

certificate of airworthiness. Part 21, Subpart H, entitled 

Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness 

certificates as required by FAR § 91.203(a). Given the 

size of the DJI Phantom 3 Professional, it is small 

(59cm diagonally including propellers) lightweight 

(under 55 pounds) and the limited operating area 

associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under 

Part 21 Subpart H in order to achieve or exceed current 

safety levels. Such an exemption meets the requirements 

of an equivalent level of safety

under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon 

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

of the UAS involved. An analysis of these different 

criteria demonstrates that the DJI Phantom 3 

Professional operated without an airworthiness

certificate, under the conditions proposed in that 

exemption, will be at least as safe, or safer, than a 

conventional aircraft with an airworthiness certificate.

14 CFR § 45.23 Display of marks; general and 45.29 

Size of marks.

These regulations provide that each aircraft must display 

"N" and the aircraft's registration number in letters at 

least 3 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 

2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in 

which the word "EXPERIMENTAL" can be placed, and 

may not have a registration number assigned to it by the 

FAA. We propose to

achieve an equivalent level of safety by including the 

word "EXPERIMENTAL" in the placard on the top of 

the aircraft, as shown above , where the PIC, VO and 

others in the vicinity of the

aircraft while it is preparing for launch will be able to 

see the designation . Additionally, we feel that the 

permanent placard discussed in the previous paragraph 

will provide the aircraft's

registration information at the ground station. Finally, 

we will display at the ground station a high contrast flag 
or banner that contains the words "Unmanned Aircraft 

Ground Station" in letters 3

inches high or greater. Since the aircraft will operate 

within 1 NM of the ground station, the banner should be 

visible to anyone that observes the aircraft and chooses 

to investigate its

point of origin.

14 CFR § 61.113 Private pilot privileges and 

limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a 

Private Pilot certificate may act as pilot in Command of 

an aircraft for compensation or hire. Subparagraph (b) 

allows a private pilot to act

as pilot in command of an aircraft in connection with 

any business or employment if: (1) The flight is only 

incidental to that business or employment; and (2) The 

aircraft does not carry passengers or property for 

compensation or hire. Our proposed operations require 

that the PIC must hold at least a Private Pilot Certificate 

issued by the FAA and since the aircraft cannot carry 

passengers or property, we feel we meet the intent of 

61.113 Subparagraph (b) even

though the intent of this application is to conduct a 

business.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot 

Privileges and Limitations; Pilot in Command; 
Commercial Pilot Privileges and Limitations.

The regulation provides that no person may serve as a 

required pilot flight crew member of a civil aircraft of 

the United States, unless that person: (1) Has a pilot 

certificate or special purpose pilot authorization issued 

under this part in that person's physical possession or 

readily accessible in the aircraft when exercising the 

privileges of that pilot certificate or authorization.

However, when the aircraft is operated within a foreign 

country, a pilot license issued by that country may be 

used. The regulation provides also that no person that 

holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire.

Subparagraph (b) allows a private pilot to act as pilot in 

command of an aircraft in connection with any business 

or employment if:

(1) The flight is only incidental to that business or 

employment;

(2) The aircraft does not carry passengers or property 

for compensation or hire. Given the safety features of 

the DJI Phantom 3 Professional, and the fact that the 

missions are monitored

in real-time, I, Kevin P. Coughlin, propose that 

operators of the DJI Phantom 3 Professional should not 

be required to hold a commercial or private pilot 

certification. Instead, operators should be required to 

have successfully completed and passed an FAA 

approved ground school (minimum) and hold the 

appropriate class level of airman medical certificate.
14 CFR § 91.7 Prohibits the Operation of an aircraft 

without an airworthiness certificate.

As no such certificate will be applicable in the form

contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR § 91.9 Civil aircraft flight manual, marking, and 

placard requirements.

This regulation provides that no person may operate an 

aircraft unless a current, approved flight manual is in the 

aircraft. We assume that the intent of this requirement is 

to ensure that flight

manual information is available to the aircrew while 

operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to 

carry documentation, the documentation would not be 

available to the crew during flight operations. To obtain 

an equivalent level of safety and meet the intent of 91.9, 

we propose that a current, approved sUAS Flight 

Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight.

14 CFR § 91.109 Flight Instruction; Simulated 

instrument flight and certain flight tests.

The regulation states "No person may operate a civil 

aircraft that is being used for flight instruction unless 

that aircraft has fully functioning dual controls." The

sUAS System groundbased
control station consists of a small hand-held radio 

transmitter and while it does not offer a second set of 

"controls", the DJI Phantom 3 Professional does offer a 

“Smart” flying mode that consists of a geo fence. This 

geo fence prevents the sUAV from traveling no further 

than 1⁄2 mile away from the operator. The DJI Phantom 3 

Professional has a “return to home” feature that 

automatically flies and lands itself back to the original 

take off point. It also features a “failsafe return” feature, 

where if communications are lost with the controller, the 

DJI Phantom 3 Professional will automatically return to 

its point-of-origin and safely land. Any new PIC, which 

has completed an FAA approved ground school and 

holds the proper class level airman medical certificate, 

will fly in “smart” mode in a controlled environment 

until deemed safe to operate the

unit on his/her own.

14 CFR § 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas 

the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. Since the 

typical mission of the sUAS

would be photography or survey of persons, vessels, 

vehicles or structures it would be necessary to operate 

closer than 500 feet to the items listed. Operations will 

only be flown over property or persons where 

permission has been obtained and careful pre-planning 

has been conducted. The aircraft will be operated at a 
low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or 

property on the surface. Therefore we

maintain that due to the small size of the UAS, the 

hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be 

considered in granting the exemption.

14 CFR § 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain 

cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. The sUAS will 

always fly below 400 feet AGL and

will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground 

Level altimeter measurement above the takeoff point is 

transmitted via radio

from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL 

readout.

14 CFR § 91.151 Fuel requirements for flight in VFR 

conditions.

The regulation provides that no person may begin a 

flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended 

landing and to fly after

that for at least 30 minutes. We feel the intention of this 

paragraph is to provide an energy reserve as a safety 

buffer for delays to landing. The sUAV is battery 
operated and the maximum duration of flight from a 

single battery charge is 23 minutes. Since the aircraft 

will never be flown more than 1.2 NM from the point of 

intended landing, a full battery charge at launch will 

ensure that we meet the reserve energy requirement of 

this paragraph. Further, a “bingo” calculation

will be conducted and monitored to ensure the sUAS 

can safely return to its point-of-origin without undue 

risk exposure. We request an exemption to the word 

"fuel" and ask for an equivalent interpretation with the 

word “energy".

14 CFR § 91.203 (a) & (b) Civil aircraft: Certifications 

required.

The regulation provides that an airworthiness certificate, 

with the registration number assigned to the aircraft and 

a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the 

airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or 

crew." Without a storage compartment, and weighing 

1280g (including battery and propellers), the sUAS is 

too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or 

crew.

To obtain an equivalent level of safety and meet the 

intent of 91.203, we propose that documents deemed 
appropriate for this aircraft by the FAA will be colocated with the crew at

the ground control station and available for inspection 

upon request. In order to identify the aircraft, we 

propose that the information found on airworthiness and 

registration certificates be

permanently affixed to the aircraft via placard 

containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 

CFR § 45.23.

14 CFR Subpart E (§ 91.401- 91.417)- Maintenance, 

Preventive Maintenance, Alterations.

The regulation provides that the operator is primarily 

responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. 

Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return 

to service by a person authorized under 43.7" after 

maintenance and inspection. It is our intention that the 

PIC perform maintenance and

inspection of the aircraft and "be authorized to approve 

the aircraft for return to service". The PIC will ensure 

that the aircraft is in an airworthy condition prior to 

every flight and in addition

conduct detailed inspections after every two hours of 

flight. Maintenance performed by the PIC is limited to 

repairing small cracks, replacing a propeller, checking 
electrical connections and

updating software and firmware for the on-board 

computer. All other maintenance will be performed by 

the manufacturer or their designated repair facility. The 

PIC will document work

performed in accordance with 91.417. We feel that due 

to the size, construction, and simplicity of the aircraft, 

the PIC can ensure an equivalent level of safety.

ANNEX B: DJI PHANTOM 3 PROFESSIONAL USER 

MANUAL. 

http://download.djiinnovations.com/downloads/phantom

_3/en/

Phantom_3_Professional_User_Manual_v1.2_en.pdf

ANNEX C: DJI PHANTOM 3 PROFESSIONAL 

AIRCRAFT SPECIFICATIONS.

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