September 21, 2015

Exemption No. 12939

Regulatory Docket No. FAA−2015−2297

Mr. Steven Doherty

508 Adirondack Way

Walnut Creek, CA 94598

Dear Mr. Doherty:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 27, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. You requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, structural inspections of cell towers, construction sites, real estate photography, 

and videography operations.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 Professional.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 
2

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Steven Doherty is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Steven Doherty is hereafter referred to as the operator.

 

1 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 UA.
3

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 
4

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
7

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 27, 2015 

Steven Doherty

508 Adirondack Way

Walnut Creek, Ca. 94598 

Mobile # 925-270-8089

Email: aussiesteve@gmail.com 

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590 

Exemption Request Section 333 of the FAA Reform Act of 2012 Attachments:

1) Phantom 3 Professional Quick Start Guide

2) Phantom 3 Professional User Manual

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481

in the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the 

matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355

in the matter of the petition of FLYING CAM INC 

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for 

Exemption under section 333 of the FAA Modernization and Reform Act 

of 2012, I, Steven Doherty, request exemption from the following sections of 

Title 14, Code of Federal Regulations:

61.113(a). 61.113(b). 91.119(c). 91.121. 91.151(a). 91.405(a). 

91.407(a)(1). 91.409

(a)(1). 91.409(a)(2). 91.417(a) & (b). 

My business case to operate small unmanned aircraft systems (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA) 

is for the purpose of aerial photography, structural inspections of cell towers, 

construction sites, real estate photography, and videography operations.
Performed safely, and more cost effectively with the use of small UAS at low 

altitude within the U.S. national airspace system as compared to a manned 

aircraft. Operations will be performed only at the request of and with the 

authorization and permission of clients or their authorized agents in order to 

facilitate commerce and raise awareness of the beneficial uses of small 

unmanned air systems. So long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. The conditions identified and proposed by, Steven 

Doherty, are drawn from references 13. 

The FARs 

I, Steven Doherty, request exemption from the above mentioned FARs for the 

following reasons. 

61.113(a) & (b). I, Steven Doherty, request relief in order to facilitate the 

utilization of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots 

operating under this exemption would be required to comply with any conditions 

as set forth and in a similar fashion to the previously granted exemptions. A 

Visual Observer will be used at all times while under this requested exemption. 

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU),

operations conducted closer than 500 feet to the ground may require that the UA 

be operated closer than 500 feet to essential persons, or objects that would not 

be possible without additional relief. The petitioner requests modification, waiver 

or exemption and clarification concerning the terms “congested areas” and 

“densely populated”. I, Steven Doherty, request waiver for this condition to allow 

reasonable and responsible operations with safety as my main concern in areas 

of subdivisions and neighborhoods if required. 

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable 

since the UAS does not have an altimeter and instead utilizes electronic GPS with 

a barometric sensor for altitude information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION 

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS specific relief has been granted in Exemption 

Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides 

battery power remaining in percent to the PIC. The UA batteries provide 

approximately 25 minutes of powered flight. Information provided in the 

operating documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate 
a landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in 

daytime VFR conditions was reasonable.

91.405(a). 91.407(a)(1). 91.409 (a)(1) & (2). 91.417(a) & (b) As 

discussed in Exemption 11138 (DOUGLAS TRUDEAU), I, Steven Doherty, propose 

to inspect and ensure that the UAS is in a condition for safe flight in accordance 

with the operating documents. The FAA found that adherence to the petitioner’s 

operating documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and recordkeeping, were sufficient to 

ensure that safety would not be adversely affected. 

The UAS 

The DJI Phantom 3 Professional is a highly successful consumer grade small 

rotorcraft in the quadcopter configuration with an advertised weight of less than 

45 ounces (1280g) designed primarily to carry aloft a high definition camera. It 

has an advertised maximum speed of less than 30 knots (16m/s) and a 

maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by 

four electric motors with a distance between motors of less than 14 inches 

(350mm) It utilizes an internal inertial measuring unit (IMU) with integrated 

barometric sensor augmented with global positioning system (GPS) to maintain 

its geospatial orientation and position. It is controlled primarily through an FCC 

certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. It has fail safe modes of operation 

for either loss of RC or GPS signal. Altitude can be limited by the onboard flight 

controller and maximum altitude can be preprogrammed by the PIC. Battery life 

limits flight times to approximately 25 minutes. The onboard flight controller will 

warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. It is anticipated that flights 

will usually last less than 10 minutes. More information is available in attachment 

1. 

Risk mitigation 

I, Steven Doherty, have reviewed FAA exemptions reference’s 13 Conditions 

and Limitations section and believe that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure 

public safety. 
A preflight checklist will be developed and employed to ensure that the UAS’s 

airworthiness will be verified before launch. Airworthiness will be maintained by 

performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure prone components. 

I, Steven Doherty, request that in a manner similar to reference 3, be allowed to 

operate within 5 miles of an airport provided that. 

“The UA may not operate in Class B, C, or D airspace without

written approval from the FAA. The UA may not operate within 5 

nautical miles of the geographic center of a non towered airport as 

denoted on a current FAA published aeronautical chart unless a letter 

of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the 

operator’s COA. The letter of agreement with the airport management 

must be made available to the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be routine but I am 

requesting a mechanism to facilitate such activities without requesting a new and 

separate exemption(s) should the need arise. Operations within class B airspace 

are not requested due to the lack of mode C transponder. 

Public interest 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned 

aircraft of greater proportions, carrying a crew and flammable fuel. 

In regards to performing inspections of bridges, towers, and natural gas 

pipelines the UAS will minimize the risk to persons attempting to climb these 

structures and photograph problem areas. It will provide a way for companies to 

have their engineers review photographs and provide additional safety to the 

general public in regards to towers failing or natural gas pipelines having 

structural issues. Many of the natural gas pipelines in our area travel in areas 

that are hard to reach by vehicle or foot and if an area is suspected of having 

problems the UAS can reach it to make an assessment easier and safer. 

I, Steven Doherty, will also make the UAS and myself available to local volunteer 

organizations (for no charge) such as fire departments, local law enforcement, 

etc., to perform search and rescue operations, or other similar events as directed 

by authorities. 

In addition the use of the UAS in order to facilitate commerce could lead to 

economic growth. Operations for this petition will enable service for property 

owners or their designees seeking an enhanced perspective for characteristics,
amenities, and benefits of their desired photographic subjects that cannot be 

displayed through ground level photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance my personal 

photography.

A visual observer will be utilized at all times that the UAS is performing duties for 

compensation and the PIC will hold a Private Pilots license. 

Liability insurance will be obtained commensurate with the granting of this 

request for exemption. 

Flight data including UAS flight time, Control Unit operation time, incident, and 

details will be recorded for each flight and made available to the FAA at any time 

needed.

Any deviations from normal operations will also be recorded and made available 

to FAA. 

Conclusion 

I, Steven Doherty, am requesting this exemption for the purposes of aerial 

photography, structural inspections of cell towers, construction sites, real estate 

photography, and videography operations.

The reason for such a general and broad based request is that I, Steven 

Doherty, wish to utilize a business strategy in order to capitalize on opportunities 

as they may arise in the future without the long turnaround time associated with 

additional exemptions. 

My business model is based on the idea of offering small UAS services to 

individuals or companies who wish to employ these services as a safe, effective, 

and legal option to enhance their business or prevent structural disasters that 

may influence the general public or individuals. 

My own research shows an upward demand for these services that currently 

exists in the real estate market, natural gas market and other markets are just 

beginning to realize the need for such services. 

Several people are offering services such as the above in my area but I have

refrained for pursuing commercial use of my UAS until I can properly be 

authorized by the FAA. 
http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf