U.S. Department of Transportation · .· 

Docket Management System· 

1200 New Jersey Ave., SE 

Washington, DC 20590 

December 27,2015 

Todd:' Gatherer 

2129 NW Bill ST 

Camas, W A 98607 

.. '.(50~) 250-2452 

.. -·~-<~ .~~~um!iqq;.Reql!est Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviatmni~Begu•lations. · · ~ 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (Reform Act) and 

14 CFR Part '11, I Todd Gatherer who is an owner and operator of a DJI Phantom 3 Unmanned 

Aircraft Systems (UAS) equipped to conduct commercial aerial photography and videography in 

Portland, Oregon: and SW ·Washington area hereby applies for an exemption from the listed 

Federal Aviation Regulations (FAR) to allow commercial operation of its UAS, 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. · ·· '' •' '3:: , 

The purpose ofMr. Gatherer's exemption to the FAA is to provide unmanned aerial seivice to a 

variety of commercial and private clients. This exemption will permit Mr. Gatherer to operate a 

U AS for commercial purposes to include: 

Aerial photography/videography 

Inspection of high structures 

Agriculture support 

- _Property/lan<i survey 

Wildlife survey/monitoring 

Real-Estate marketing. 

The UAS is smaller, lighter and more maneuverable than manner aircraft. The low altitude 

operations and the light weight ofthe UAS reduces current risk levels of death or serious injury 

to crew or persons on the ground compared to conventional manned aircraft. The small size and 

short flight times ofthe UAS will boost the aviation industry in the Portland, OR and SW 

Washington area without overly congesting the already crowded airspace utilized by extensive 

commercial airline activity. A UAS operating below 400 ft AGL makes it safer for both the 

public and local air traffic when conducting survey and monitoring work from the air. 

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The name and address ofthe applicant is: 

Todd Gatherer 

2729 NW Hill ST 

Camas, W A 98607 

Email: tgatherer11 @gmail.com 

P AA Certificate #3824582 -Private Pilot Single Engine Land 

Mr. Gatherer is a licensed Private Pilot with over five years of experience flying in the Portland, 

Oregon and SW Washington area, with over a 100 hours oflogged flight time. 

Regulations from Which the Exemption is Requested: 

14 CPR 61.113 (a) & (b) 

14 C.P.R. 91.7 (a) 

14 CPR 91.9 (b) (2) 

14 C.P.R. 91.109 

14 C.P.R. 91.119 

14 C.P.R. 91.121 

14 CFR 91.151 (a) 

14 CPR 91.405 (a) 

14 CPR 407 (a) (1) 

14 CPR409 (a) (1) & (2) 

14 CPR417 (a) & (b) 

The Unmanned Air System (UAS) Description 

I, Todd Gatherer, plan to use the DJI Phantom 3 Professional UAS. The Phantom 3 Professional 

is a quad-copter with four electric motors powered by a battery and has gross weight of around 3 

pounds. DJI is a leader in the UAS market has a proven safety record allowing the Phantom 3 

Professional to safely operate in the National Airspace System (NAS). The Phantom 3 

Professional has numerous safety features which will minimize risk to persons and property on 

the ground. These features include; return to home, low battery warnings, and enhanced failsafe 

features such as auto takeoff and auto land. 

Safety is the number one concern for Mr. Gatherer. Any maintenance or repair to the UAS will 

be done in accordance with the manufacturer and if necessary will be sent back to the 

manufacturer for repair. Only manufacturer's authorized replacement parts will be used and 

under no circumstance will alterations or repairs be made to the UAS outside of the 

manufacturer's recommendations. 

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Pilot in Command (PIC) and Visual Observer (VO) 

The PIC will at a minimum will have a Private Pilot's License and a current Third Class Medical 

or State Issued Driver's License. The PIC with operate the Phantom 3 Professional in 

accordance with the Owner's Manual. Pilots will take all necessary safety precautions before, 

during, and after every flight. In addition, the PIC will have at least one flight lasting 15 minutes 

or more in the last 30 days to be considered current and qualified to operate the UAS for 

commercial purposes. The PIC will document all flights dates and times in a pilots log book. 

All flights will utilize a Visual Observer (VO) who is familiar with the Phantom 3 operations in 

accordance with the owner's manual. The VO will be in visual and verbal range of the PIC and 

UAS at all times. The VO will be responsible for alerting the PIC of any hazard jeopardizing 

. safety of flight (in the air or on the ground) and will have the authority to terminate the flight at 

any time. The VO will have to observe at least one flight lasting 15 minutes 6rmore hithela'St -,. 

30 days to be considered current and qualified for commercial purposes. All VO dates and times 

will be documented in an approved log book. 

UAS Operations 

Shall the grant be approved Mr. Gatherer will operate under the following conditions: 

1. The UAS at all times will weigh less than 55 pounds to include the payload. 

2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). Either 

groundspeed or calibrated airspeed will be used to determine compliance with the 87 knot 

speed restriction. In no case will the UAS be operated at airspeeds greater than the 

maximum UAS operating airspeed recommended by the aircraft Manufacturer. 

3. The U AS will be operated at an altitude of no more than 400 feet above ground level 

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

4. The UAS will be operated within visual line of sight (VLOS) ofthe 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. 

5. All operations will utilize a visual observer (VO). The UAS will be operated within the 

visual line of sight (VLOS) ofthe 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 will be able to communicate verbally at all times; electronic messaging or 

texting is not permitted during flight operations. The PIC will be designated before the 

flight and cannot transfer the PIC designation for the duration of the flight. The PIC will 

ensure that the VO can perform the duties required of the VO. 

6. All operating documents will be accessible during UAS operations and made available to 

the Administrator of any law enforcement official upon request. 

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.. 

7. Anytime the UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical component, will 

undergo a functional test flight prior to conducting further commercial operations. 

Functional test flights will only be conducted by a PIC with aVO and will remain at 

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

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

8. I, Todd Gatherer, will be responsible for maintaining and inspecting the UAS to ensure 

that it is in a condition for safe operation. 

9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection will 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. 

10. I, Todd Gatherer, will follow the UAS manufacturer's maintenance, overhaul, 

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

components and comply with all manufacturer safety bulletins. 

11. PIC will at a minimum private pilot certificate. The PIC will 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 

will 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. 

12. No PIC will be qualified to operate unless the PIC demonstrates the ability to safely 

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

commercial purposes, including evasive and emergency maneuvers and maintaining 

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

flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). 

13. 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. Training operations will 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 will operate the UAS with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119. 

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

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

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

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15. The UAS will 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 Mr. Gatherer. The letter of 

agreement with the airport management will be made available to the Administrator or 

any law enforcement official upon request. 

16. The UAS will 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. 

1 7. The U AS will not operate in Class B, C, or D airspace or within 5 nm of any airport 

without written approval from the FAA. 

18. If the UAS loses communications or loses its GPS signal, the UA will return to a predetermined location within the private or controlled-access property using the return to 

home function. 

19. The PIC will 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 UAS to conduct the intended 

operation and to operate after that for at least 5 minutes or with the reserve power 

recommended by the manufacturer if greater. Flights will be terminated at 30 minutes or 

25% battery whichever occurs first. 

21. Documents used to ensure the safe operation and flight of the UAS and any documents 

required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the aircraft is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request. 

22. The UAS will remain clear and give way to all manned aviation operations and activities 

at all times. 

23. The UAS will not be operated by the PIC from any moving device or vehicle. 

24. All Flight operations will 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 UAS and/or debris in the event of an accident. The operator 

will 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 UAS, flight operations will cease immediately in a 

manner ensuring the safety of nonparticipating persons; and 

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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. 

25. All operations will 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. 

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

''btiurttlatrestlfthe operational area will be rep~rted-totheFAA §~UAS-1ntegration · 

(AFS-80) within 24 hours. Accidents will be reported to the National Transportation 

Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

Regulations from Which the Exemption is Requested: 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to have 

a private pilot's license rather than a commercial pilot's license to operate this small UAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely 

controlled with no living thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance. The level of safety provided by the 

requirements included in the Operation Specifications exceeds that provided by a single 

individual holding a commercial pilot's certificate operating a conventional aircraft. The risks 

associated with the operation of the UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the 

UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 

14 C.F.R. §61.113 (a) & (b). 

14 C.F.R. §91.7(a):Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft. Given the size of 

the aircraft and the requirements contained in the Operating Specifications for maintenance and 

the use of safety check lists prior to each flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

This regulation states no person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The UAS, given 

the size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such 

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an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual/specifications at the ground control station where the PIC will have immediate access. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and10700. 

14 C.F.R. §91.109: Flight instruction: 

This regulation establishes that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a ground station that communicates 

with the aircraft via radio communications. The equivalent level of safety will be achieved 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. The FAA has approved exemptions for flight training without 

, .. ~·.,.·~----"'1Uey"'f'tm'eltn~ttt'S"fora·nunrtrer ·or atrcraltand·ffirfttgl'ft1ltstfuction in experimental -

aircraft. See Exemption Nos. 5778K and 9862A. 

14 C.F.R § 91.119 Minimum Safe Altitudes 

This regulation establishes safe altitudes for operation of civil manned aircraft. The UAS will 

never operate above 400ft AGL. The low-altitude operations of an UAS will ensure separation 

between out UAS operation and the operations of conventional aircraft that must comply with 

Section 91.119. 

14 C.F.R. § 91.121 Altimeter settings 

This regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The UAS 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 (AGL) altimeter measurement above the takeoff point is transmitted via 

radio from the UAS on-board computer to the display screen held by the PIC, providing a 

constantly updated AGL readout. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, 

to fly after that for at least 30 minutes. The Phantom 3 is electric powered and equivalent level 

of safety is already achieved given the U AS will not take off when the battery level is at a certain 

point. Also, the manufacturer have integrated low and critical battery warnings and the UAS has 

a "return to home" function were the UAS will return to its starting point once the battery has 

reach a determined level. 

14 C.F.R. §91.405(a); 407(a) (1); 409(a) (1) and (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except 

as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 

43 ofthis chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

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these sections will not apply to the petitioner. An equivalent level of safety will be achieved 

because these small UASs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods oftime. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL, with the vast majority of 

operations under 200 feet. As provided in this document and the Flight Manual, the PIC will 

ensure that the U AS is in working order prior to commencing a flight. 

Summary 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

I, Todd Gatherer, the operator of a DJI Phantom 3 Professional UAS seek exemption from the 

· · · •· ·'"-fcrlii:"OW~lati:on~"-~·~·· ~~ .. ,..; .. ~ ..... , .. ", 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR409 (a) (1) & (2) 

14 CFR 417 (a) & (b) 

Approving this exemption will allow commercial operations of the U AS enhancing the safety of 

the general public and reduce risk of serious injury or death. This light weight aircraft will 

operate at speeds under 87 knots and at altitudes under 400ft AGL. 

Sincerely, 

~~~ 

Todd Gatherer 

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