Patrick	E.	McCarthy

63-56	77th Place

Middle	Village,	New	York	11379

Contact@PatrickMcCarthy.Photos

Win1992@aol.com

347-527-1943

Dear Sir or Madam:

My	name	is	Patrick	E.	McCarthy.		I	am	a	professional,	full-time	photojournalist	and	

have	been	in	that	capacity	for	the	past	15	years.	 I	am	approved	for	and	hold	official	

New	York	City	Press	Credentials;	Press	Card	Number	32534.

I	registered	my	Phantom	2	on	the	very	first	day	of	registration	(12/21/2015)	and	

received	registration	number	FA3CM7Y3C3.

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

Reform

Act)	and	14	C.F.R.	Part	11,	Patrick	E.	McCarthy,	a	professional,	full-time	

photojournalist	with	official	New	York	City	Press	Credentials;	Press	Card	Number	

32534,	hereby	applies	for	an	exemption from	the	listed	Federal	Aviation	

Regulations	(“FARs”)	to	allow	commercial	operation	of	his	sUAS,	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.

As	described	more	fully	below,	the	requested	exemption	would	permit	the	

operation	of small,	unmanned	and	relatively	inexpensive	sUAS	under	controlled	

conditions	in	airspace	that is	1)	limited	2)	predetermined	3)	controlled	as	to	access	

and	4)	would	provide	safety enhancements	to	the	already	safe	operations	in	the	

aerial	filming	and	monitoring	industry presently	using	conventional	aircraft.	

Approval	of	this	exemption	would	thereby	enhance	safety and	fulfill	the	Secretary	of	

Transportation’s	(the	FAA	Administrator’s)	responsibilities	to

“...establish	requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	

national airspace	system.”	Section 333(c)	of	the	Reform	Act.
Regulations	from	which	exemption	is	requested:

14	C.F.R.	45.23(b)

14	CFR	61.113	(a)	&	(b)

14	C.F.R.	91.7	(a)

14	CFR	91.9	(b)	(2)

14	C.F.R.	91.103

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 91.203	(a)	&	(b)

14	CFR	91.405	(a)

14	CFR	407	(a)	(1)

14	CFR	409	(a)	(2)

14	CFR	417	(a)	&	(b)

14	CFR	45.23	(b)	Display	of	marks

(b)	When	marks	include	only	the	Roman	capital	letter	“N”	and	the	registration	

number	is	displayed	on	limited,	restricted	or	light-sport	category	aircraft	or	

experimental	or	provisionally	certificated	aircraft,	the	operator	must	also	display	on	

that	aircraft	near	each	entrance	to	the	cabin,	cockpit,	or	pilot	station,	in	letters	not	

less	than	2	inches	nor	more	than	6	inches	high, the	words	“limited,”	“restricted,”	

“light-sport,”	“experimental,”	or	“provisional,”	as	applicable.

The	exemption	is	being	sought	because	the	Phantom	2	drone	operated	by	Patrick	E.	

McCarthy	does	not	have	an	entrance	to	a	cockpit,	cabin	or	pilot	station	where	words	

such	as	“experimental”	can	be	placed.		

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

Command.

Sections	61.113	(a)	&	(b)	limit	private	pilots	to	non-commercial	operations.	The	

exemption	is	being	sought	because	the sUAS will	not	carry	a	pilot	or	passengers	and

the	sUAS	is	remotely	controlled	and	does	not	require	a	commercial	pilot’s	certificate	

operating	a	conventional	aircraft.	 Patrick	E.	McCarthy	is	seeking	to	use	the	Phantom	

2	drone	for	commercial	use	but	he	does	not	have	a	private	pilot	certificate.	

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.	The	exemption	is	being	sought	because	currently	there	is no	FAA	

regulatory	standard	for	determining	airworthiness of	the	Phantom	2	and	no	

airworthiness	certificate for	the	Phantom	2 is	currently	issued	by	the	FAA.	Patrick	E.	

McCarthy	will	conduct	all	pre-flight	safety	checks	recommended	by	DJI	for	safe	

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

Section	91.9	(b)	(2)	provides: 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	of	

this

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	exemption	is	being	sought	because	the	Phantom	2	drone	operated	by	Patrick	E.	

McCarthy	does	not	have	the	size	or space	to	carry such	a	manual	and	no	pilot	can	fly

the	drone.	The	equivalent	level	of	safety	will	be	maintained	by	keeping	the	pre-flight	

safety	measures	and	in-flight	safety	measures	on	the	ground	with	quick	safety	

guides	attached	to	the	Phantom	RC	(Radio	Controller)	which	is	hand	held	during	

flights.

14	C.F.R.	§91.103:	Pre-Flight	instruction:	This	regulation	requires	each	pilot	in	

commend	to	take	certain	actions	before	flight	to	insure	the	safety	of	flight.	The	

exemption	is	being	sought	because FAA	approved	rotorcraft	flight	manuals	will	not	

be	provided	for	the	aircraft.

Section	91.109 provides	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. The	exemption	is	being	sought	because	Patrick	E.	

McCarthy’s	Phantom	2	drone	is	a	remotely	piloted	aircraft,	and	is	designed without	

fully	functional	dual	controls.

Flight	control	is	accomplished	through	the	use	of	a	control	box	that	communicates	

with	the aircraft	via	radio	communications.	The	FAA	has	approved	exemptions	for	

flight	training	without fully	functional	dual	controls	for	a	number	of	aircraft	and	for	

flight	instruction	in	experimental aircraft.	See	Exemption	Nos.5778K	&	9862A.	The	

equivalent	level	of	safety	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.

14	C.F.R.	§91.119:	Minimum	safe	altitudes

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	Section	

91.119	(d) allows	helicopters	to	be	operated	at	less	than	the	minimums	prescribed,	

provided	the	person operating	the	helicopter	complies	with	any	route	or	altitudes	

prescribed	for	helicopters	by	the FAA.	The	exemption	is	being	sought	because	a	

Phantom	2 is	a	helicopter	and	the	exemption	requests	authority to	operate	at	

altitudes	up	to	400	feet	above	ground	level,	or	not	more	than	200	above	an	elevated	

platform.
14	C.F.R.	§91.121	Altimeter	Settings

This	regulation	requires	each	person	operating	an	aircraft	to	maintain	cruising	

altitude	by reference	to	an	altimeter	that	is	set	“...to	the	elevation	of	the	departure	

airport	or	an	appropriate altimeter	setting	available	before	departure.”	The	

exemption	is	being	sought	because	Patrick	E.	McCarthy’s	Phantom	2	drone	does	not	

have	a	barometric	altimeter, but	instead	uses	a	GPS	altitude	read	out.

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

Section	91.151	(a)	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;	or	(2)	At	night,	to	fly	after	

that	for	at	least	45	minutes.”

The	exemption	is	being	sought	because	Patrick	E.	McCarthy’s	Phantom	2	drone	does	

not	operate	with	fuel	but	rather	by	battery	power	with	a	maximum	flight	time	of	22	

minutes.

14	C.F.R.	§91.203	(a)	and	(b):	Carrying	Civil	Aircraft	Certification	and	Registration

The	regulation	provides	in	pertinent	part:

(a)	Except	as	provided	in	§	91.715,	no	person	may	operate	a	civil	aircraft	unless	it

has	within	it	the	following:

(1)	An	appropriate	and	current	airworthiness	certificate.	.	.	.

(b)	No	person	may	operate	a	civil	aircraft	unless	the	airworthiness	certificate

required	by	paragraph	(a)	of	this	section	or	a	special	flight	authorization	issued

under	§91.715	is	displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible

to	passengers	or	crew.

The	exemption	is	being	sought	because	Patrick	E.	McCarthy’s	Phantom	2	drone	does	

not	have	the	ability	to	have	a	pilot. Patrick	E.	McCarthy’s	Phantom	2	drone	is	small

and	does	not	have	a	place	to	carry	certification	and	registration	documents	or	the	

space	to display	them	on	the	sUAS.

14	C.F.R.	§91.405	(a);	407	(a)	(1);	409	(a)	(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

of	this	chapter...,”	and	others	shall	inspect	or	maintain	the	aircraft	in	compliance	

with	Part	43. The	exemption	is	being	sought	because	Patrick	E.	McCarthy’s	Phantom	

2	drone	is	not	an	aircraft	with	an	airworthiness	certificate.	

How	The	Operator	Will	Maintain	an	Equivalent	Level	of	Safety	or	No	Adverse	Impact	

To	Safety:

I	have	always	closely	followed	FAA	safety	guidelines	for	drone	use	which	include
Flying	below	400	feet,	never	flying	near	other	aircraft,	keeping my	drone	within	

visual	line	of	sight,	keeping	away	from	emergency	responders,	never	flying	over	

stadiums,	sports	events	or	groups	of	people,	never	flying	under	the	influence	of	

drugs	or	alcohol	and	never	flying	within	5	miles	of	an	airport	without	first	

contacting	air	traffic	control	and	airport	authorities.

In	addition	to	the	FAA	safety	guidelines	I	always	conduct	the	following	precautions,

which	maintain	a	high	level	of	safety	and	no	adverse	impact	to	safety.

I	inspect	the	Phantom	2	drone	before	each	flight	for	any	external	damage	that	could	

compromise	the	safety	of	the	flight.

I	routinely	download	updates	of	the	DJI	Phantom	software	for	both	the	Phantom	and	

the	RC.

I	only	purchase	and	use	DJI	propellers	that	are	self-tightening.

I	always	make	sure	that	the	propellers	are	in	good	working	condition	before	every	

flight.	I	also	test	to	make	sure	the	propellers	are	tightened	and	I	also	balance	the	

propellers	myself.	This	adds	to	the	stability	of	the	flight.

The	batteries	need	to	be	charged	and	discharge	thoroughly	once	every	20	

charge/discharge	cycles which	provides	for	efficient	battery	use.

I	always	make	sure	the	batteries	are	fully	charged	before	each	flight.

I	always	turn	on	the	Radio	Controller	first	followed	by	the	Phantom	2.

I	always	turn	off	the	Phantom	2	first	and	then	the	Radio	Controller. This	prevents	

the	Phantom	from	a	fly	away	scenario.

I	complete	a	Compass	calibration for	added	flight	stability.

I	complete	a	full	check	for	acquired	GPS	satellites.	And	I	always	make	sure	that	at	

least	six	(6)	GPS	satellites	are	locked	on	to.		This	greatly	assists	in	steady	and	safe	

flights.

I	start	my	return	back	to	base	with	30%	battery	capacity	left	to	provide	for	a	safe	

landing.

I	have	a	failsafe	mode	programmed	with	my	Phantom	and	I	can	also	put	the	

Phantom	into	a	failsafe	mode.	This	allows	the	Phantom	to	either	automatically	

return	home	in	case	a	communication	connection	is	lost	or	I	can	bring	the	Phantom	

back	to	the	Home	Position	safely.

The	Proposed	Operations	and	how	granting	the	exemption	will	be	in	the	public	

interest.

I	wish	to	use	my	drone	(Phantom	2)	for	Aerial	video	and	photography	to	help	map	

and	inspect	construction	sites for	safety	reasons	but	also	for	efficient	construction	

planning	as	well,	enhancing	residential	and	commercial	real-estate	listings,	public	

events,	newsgathering,	assisting	the	marketing	efforts	of	education	institutions	by	

photographing	the	surrounding	areas	and	school	grounds	and	assisting	local	

municipalities	in	their	promotion	of	new	civic	developments	by	providing	aerial	

imaging.	

The	Make	and	Model	of	the	Aircraft	for	Proposed	Operations:

I	operate	a	DJI,	Phantom	2	drone	that	is	equipped	with	a	GoPro	4	Black	camera	and	a	

Zenmuse	H4-3D	gimbal	system.