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US Department of Transportation

Federal Aviation Administration

800 Independence Ave S.W.

Washington, DC 20591

Dear Sir or Madam:

Justin William Mulcahey is submitting this petition on his own behalf, without legal counsel or

consultation, in accordance with the terms set forth in Section 333 of the FAA Modernization

and Reform Act of 2012 (“Reform Act”) and 14 C.F.R. Part 11. Justin W Mulcahey requests an

exemption from the Federal Aviation Regulations (“FARs”)described below as they pertain to

the operation of small Unmanned Aerial Systems (“UAS”).

Justin W Mulcahey is seeking said exemptions to commercially operate hissmall UAS within the

National Airspace System (NAS) for the purpose of providing real estate photography as well as

commercial aerial videographyand photography services. All flight operations will be performed

by a two-person flight team and will be conducted in accordance with Section 333 of the

Reform Actas set forth by the Federal Aviation Administration(“FAA”).

Pursuant to 14 C.F.R. § 11.81(f), Justin W Mulcahey is providing the following summaryfor

publication in the Federal Register to be included at the discretion of the FAA:

Petitioner: Justin William Mulcahey

Seeking Exemptions from Sections of 14 C.F.R: 14 C.F.R. Part 21, 14 C.F.R.§

45.23(b), 14 C.F.R. § 61.113(a) and (b), 14 C.F.R. § 61.133(a), 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(a) and (b), 14 C.F.R. § 91.215, 14 C.F.R. § 91.401through 91.417, 14

C.F.R. § 91.7(a) and (b).

Description of Relief Sought: Justin W Mulcahey is requesting an exemption from

sections of Title 14 of the Code of Federal Regulations to operate small (55 lbs. gross

weight or less) unmanned aircraft systems under the control of licensed private pilots.

My petition is very similar in scope to the exemption granted to Astraeus Aerial under

Exemption No. 11062 (Regulatory Docket No.FAA-2014-0352) and the associated Summary

Grants (Regulatory Docket Nos. FAA-2014-0353,FAA- 2014-0354, FAA-2014-0356, FAA-2014-

0357 and FAA-2014-0358). Where applicable, Justin Mulcahey will adhere to the terms set

forth in the Astraeus exemption. When applicable, training, maintenance and operations

procedures will be modified/updated to comply with future regulations set forth by the FAA as

UAS law is implemented.

The petitioner contact information is:

Justin W. Mulcahey

212 W 5th Ave Apt 103
 

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Ellensburg WA 98926

Phone: (253) 459-9891

Email: justin.mulcahey@me.com

Justin W Mulcahey is requesting exemptions from the followingregulations:

 14 C.F.R. Part 21

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.113(a) and (b) and 14 C.F.R. §61.133(a)

 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(a) and (b)

 14 C.F.R. § 91.215

 14 C.F.R. § 91.401 through 91.417

 14 C.F.R. § 91.7(a) and (b)

GENERAL RESTRICTIONS AND ASSURANCES

Using FAA Notice on National Policy N 8900.227, “Unmanned Aircraft Systems(UAS)

Operational Approval” and Exemption No. 11062 as guidance, Justin W Mulcahey will

document and implement policies and training to ensure compliance with N 8900.227

Section14 “Operational Requirements for UAS” and including the following

restrictions:

(a.) All flight operations will be performed by a minimum of two (2)

individuals: a Pilot in Command (PIC) and a Visual Observer(VO).

(b.) PIC will conduct a pre-flight briefing with VO and client or their

designee to review flight profile, safety considerations and

emergencyprocedures.

(c.) PIC will perform a pre-flight inspection of the UAS that includes:the

communications link between the UA and ground control station,

remaining battery charge, condition of airframe, propellers and

wiring.

(d.) During flight, PIC and VO will maintain direct communications and

terminate flight operations if they are no longer able to communicate

with each other.

(e.) Unmanned Aircraft (UA) shall not exceed 55 pounds gross vehicle

weight (including any attached cameras, gimbals or other

equipment).

(f.) All flight operations will take place in Class G airspace no further than

3⁄4 nm from the PIC, below 400 feet AGL and at airspeeds less than

25kts.
 

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(g.) All flight operations will take place under VFR conditions within

visual line of sight (VLOS) of the PIC. No flight operations will take

place atnight.

(h.) Flight operations will not be conducted over densely populated areas,

heavily trafficked roads, at an air show or other environment that

may include other low- flying aircraft.

(i.) No flight operations will be conducted over an open-air assembly

of people unless a comprehensive safety plan can be

implemented to mitigate riskof injury to individuals or damage

to property.

(j.) Flight operations will be terminated when the UA battery reaches a

remaining charge of 25%.

Additional information regarding General Flight Operations, PIC and VO qualifications

may be found in Appendix A: Justin W Mulcahey Equipment and Flight Operations

Overview

BENEFIT TO THE PUBLIC

The requested exemptions will allow Justin W Mulcahey to operate his UAS to provide

real estate photography, commercial photography and videography services to his

clients. In addition toadvancing the “safe and expedient integration of UAS into the

NAS” as mandated by the FAA Modernization and Reform Act of 2012, Public Law 112-

95 (P.L. 112-95), grantingthe requested exemption is in the public interestas:

1. A UAS generates less pollution from exhaust, has a lower noise signature

and requires a substantially smaller to footprint from which to operate,

making it more cost-effective and environmentally friendly than full size,

manned fixed-wing aircraft and helicopters.

2. A UAS uses either an electric power source or a significantly smaller amount

of flammable fuel than a manned aircraft, making it a safer platform than

itsmanned counterparts. The UAS described herein are also more

maneuverable and provide a greater safety margin at the speeds and

altitudes required for aerial cinematography than full size fixed- or rotarywing aircraft.

3. When properly operated within the regulations set forth by the FAA, a UAS

can be less disruptive to the NAS than its full-sized counterparts because it

doesnot require airports/runways, fueling apparatus or other infrastructure

requiredby manned aircraft.

Thank you for time and consideration of this petition. Please contact me if you require

any additional information to process this request.
 

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Sincerely,

Justin William Mulcahey

Attachments:

Appendix A: Equipment and Flight Operations Overview
 

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APPENDIX A:

EQUIPMENT AND FLIGHT OPERATIONS OVERVIEW

Unmanned Aircraft Systems (UAS)

The Unmanned Aircraft (“UA”) being used is built by an experienced manufacturer and

maintained due to manufacturer’s recommended maintenance The UA design allows Justin W

Mulcahey to deploy the best equipment to remain as least disruptive to the NAS and

surrounding environment. The following data summarizes the UA being used:

DJI Inspire 1 PRO Quadcopter

Model: T601

Unloaded Weight: 6.32 lbs

Loaded Weight: 7.50 lbs

Max Speed: 18 m/s

Motor Model: DJI 3510H

Propeller Model: DJI 1345T

Dimensions: 17.24 x 17.76 x 11.85 in.

Diagonal Distance: 22.01 to 22.87 in.

Battery: LiPo (4500 mAh, 5700 mAh)

Working Environment Temperature: 0° to 40° C

Flight Team Memebers

The flight team will including the following individuals for ALL events:

1. A Pilot in Command (PIC), whose primary responsibility will be the safe operation of

the UAS in accordance with the FARs. 

2. A Visual Observer (VO), who will be responsible for ensuring that the UAS is being

operated within the restrictions set forth in the FARs and to providea second pair of

eyes to mitigate any hazards to safe operations. The VO will receive orientation on

the FAR and training on the responsibilities of an observer such as, but not limited

to, flight team communications, properly monitoring the airspace and identifying

hazards.

3. (Optional – if required and on a project-by-project basis) A Camera
 

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Operator, (CO) who will operate any still or video camera included in the

UAS. The CO is not considered a part of the flight team, but will be used

when a project requires a moving camera instead of one that it locked in a

fixed position, or ifterrain, proximity to non-Class G airspace or other

environmental factors make the addition of a third team member

prudent.

Flight Team Qualifications and Responsibilities

Each member of the flight team will meet a minimum set of qualifications, including training

and licenses to ensure team and public safety is kept at the highest priority. During operations,

flight team members will be responsible for specific tasks to divide the workload and further

enhance safety.

Pilot in Command (PIC)

The PIC holds the proper licenses/certifications to conduct the flight and hasfinal

authority over all operations (regardless if UA is in the air at the time) and

responsibility for safely operating the UA. A PIC will be designated prior to flight

operations and only one person will be the designated PIC at anytime.

At minimum, the PIC will possess thefollowing:

1. FAA Private Pilot License and required medical certifications

2. The PIC will be qualified to operate the UA by possessing no less than

ten hours logged as a UA pilot with a similar UA type.

3. Successful completion of training on the properpre-flight

inspection of UAs.

The PIC’s dutiesinclude:

1. Evaluating the environment for hazards

2. Performing pre-flight checks and briefings

3. Safely operating the UA within the FARs

4. Coordinating with the VO to evaluate the operating area for safety

5. Terminating flight operations and landing the UA as soon as

practicaland safe to do so if unsafe conditions arise.

Visual Observer (VO)

The VO is responsible for overseeing the safety aspects of UAS operations oneach

project and enforcing all FAA regulations set forth in the ReformAct.

At minimum, the VO will demonstrate knowledge of the requirements defined in 14

C.F.R. including: operations near other aircraft, right-of-way and basic VFR, plusthe

proper use of pilot/air traffic control phraseology. VOs who are not licensed private

pilots must be able to demonstrate an understanding of the following:

 The VO fully understands the FARs as they relate to the safe operation of

a UAS and the importance of complying with them,
 

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 The VO is familiar with crew resource management and clearly

understands his/her role as it relates to the PIC,

 The VO is able to accurately read and interpret aeronautical charts,

NOTAMs, COAs, weather forecasts and any other information required to

ensuresafe operations,

 The VO is able to effectively communicate and coordinate with the PIC

to ensure a safe operating environment

 The VO has the opportunity to gain hands-on experience with a PIC,

before participating on a paid project, to validate knowledge and address

any questions or concerns.

Flight Operations

Pre-flight

The PIC and VO will conduct a pre-flight briefing thatincludes:

 Review aeronautical charts to

o ensure that planned operating area is compliant with FARs

o identify known hazards to navigation

o determine safe divert areas (if applicable)

 Review weather forecasts

 Review all Notice to Airmen (NOTAM) that may be active in the operating area

 When required, obtain a Certificate of Waiver or Authorization (COA) from

the regional ATO

 When required, submit a notice of planned operations to the appropriate

Flight Standards District Office (FSDO) a NOTAM between 72 and 48 hours

priorto commencing operations

 Perform a pre-flight maintenance check to ensure that the UAS isfunctioning

according to manufacturer specifications including the communicationslink

between the UA and ground control station, remaining battery charge,

condition of airframe, propellers and wiring.

 Inspect the UA to comply with maximum weight limitations of 55 lbs. gross

weight

 Display a sign or other notice indicating that UAS operations are in progressin

the area and identifying Justin W Mulcahey as the owner/operator of the UAS.

The ground control station is a portable unit that is worn by the PIC to ensure

freedom of movement should repositioning be required to maintain proper

visual lineof sight. As such, the notification sign will be placed within 10 feet of

the PIC’s initial position and moved, as required, and never to exceed a

distance of 20feet from the PIC. Additionally, flight operations will primarily be

conducted withina closed set environment or in an area where only authorized

and consenting individuals are allowed.

In-flight
 

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The PIC will operate the UAS in accordance with the FARs and pre-flight briefing

described above to maintain public safety. During flight operations, the PIC will:

 Navigate the UAS within the operational area

 Monitor altitude and airspeed

 Maintain visual line of sight (VLOS) with the UA

 Monitor battery charge/remaining flying time

The VO will:

 Monitor UAS operations to cross-check PIC and ensure that the UA stays

within VLOS and within the required altitude and airspeed limitations,

 Monitor the airspace to ensure that aircraft, birds or other airborne

hazards remain out of the operating area,

 Monitor the general operating area to ensure that the UA maintains proper

separation from hazards, restricted or unauthorized airspace and that no

ground hazards, such as unauthorized persons or vehicle enter, the operating

area,

 Monitor weather conditions to ensure that wind, cloud ceiling or other factors

do not exceed safe operating parameters

 Immediately instruct the PIC to terminate flight operations and assist the PIC

to safely land the UA if any unsafe conditions arise.