July 28

, 2015

Exemption No. 12193

Regulatory Docket No. FAA

– 20 15

– 1605

Mr. Caleb Alan McDow

Caleb Alan McDow, LLC

203 Ruby Lake Lane

Winter Haven, FL 33884

Dear Mr. McDow :

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 5, 2015 , you petit ioned the Federal Aviation Administration (FAA) on

behalf of Caleb Alan McDow, LLC ( hereinafter petitioner or operator ) for an exemption . The

petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial

photography and videography

.

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

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a s ummary 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 are the DJI Phantom 2 Vision+ and DJI Inspire 1

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products

and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria

provided in Section 333 of P ublic 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 the2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, 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 collection 1

. The FAA has issued grants of

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

In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352),

11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , 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 peti tioner 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 i nterest.

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, Caleb Alan McDow, LLC 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.

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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Caleb Alan McDow, LLC is hereafter referred to as the operator.

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 2

Vision+ and DJI Inspire 1 when we ighing 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 w ithin 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. Th e VO and PIC must be able to communicate verbally at all times ;

e lectronic 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 fli ght. 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 a nd the procedures outlined in the operating documents,4

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 revis e its operating documents. It is the

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

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

operator must also present updated and revised documen ts 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 gran t of exemption. The FA A’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 charact eristics, 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 fe et 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 con dition 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 manu facturer

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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal

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

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or h er pilot certificate.5

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

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

(traini ng, 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,

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

traini ng, proficiency, and experience

- building flights, all persons not essential for

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

with app ropriate 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 ai rport symbo l 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 manage ment 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 P IC.

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

pre

- determined location within the pr ivate 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 recomme nded by the manufacturer if greater.

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

operations shall be cond ucted in accordance with an ATO

- issued COA. The

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

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

.6

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.

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 manne d 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 arise s

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 control led

- access property with

permission from the property owner/controller or authorized representative.

Permission from proper ty 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 mu st be reported

to the FA A'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

.7

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.

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 ove r the a rea 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 f ilming conducted

under this grant of exemption;

c. Name and phone number of th e 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 fil ming;

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 exempt ion 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, t he 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 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

EnclosuresCaleb&Alan&McDow,&LLC

203&Ruby&Lake&Lane

Winter&Haven,&FL&33884

352

A 665

A 6648

caleb@crosbydirt.com

May&5 ,&2015

U.S.&Department& of& Transportation,&Docket Operations

West&Building& Ground& Floor,&Room W12

A 140

1200&Ne w& Jersey&Avenue, SE&

Washington,&DC 20590

Re: Request for exemption under Section 333 from 14& CFR Part 21, Subpart H; 14 CF R&

61.113&(a)& and&(b);& 14&CFR&61.23(a);& 14& CFR& 91.109;& 14& CFR 91.119 (c) ;& 14& CFR&91.121;& 14& CFR&

91.151 (a);& 14&CFR& 91.405 (a);& 14 CFR 91. 407 (a)(1); 14 CFR 91.409 (a)(1) and&(2) ; 14 CFR 91.417

(a) and (b) ;&14&CFR&91.7(a)&and&(b)

Dear& Sir& or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act) and 14 CFR Part 11, Caleb&Alan&McDow,&LLC hereby applies for an exemption

fro m& the listed Federal Aviation Regulations (FARs) to allow commercial use of its Small

Unmanned&Aircraft&Systems&(SUASs),& so& long& as& such& operations& are&conducted&within and

under the conditions outlined herein or as may be esta blished by the FAA as required by

Section 333.

An exemption is being requested because (1) existing regulations will burden Caleb&Alan&

McDow,&LLC (2) Caleb&Alan&McDow,&LLC can provide a level of safety that is equal to& (or

greater than )& those&provided&by& existing&rules,& and&(3)& the&request& is&in&the& public interest.

The FAA’s authority to issue exemptions from operating rules, and the Secretary’s authority

granted by Section 333 of P.L. 112

A 95, Special Rules for Certain Unmanned Aircraft Systems,

provide a n opportunity to authorize certain SUAS operations in the National Airspace

System (NAS) prior to implementation of the SUAS rule. This incremental step will allow

Caleb&Alan&McDow,&LLC to& safely& and& legally& enter& into&the NAS.April&10, 2015

Page 2

As described in detail belo w, the requested exemption would permit Caleb&Alan&McDow,&LLC

to& operate& SUASs& under&controlled&conditions& in&airspace& that& is&(1)& limited& (2)& p redetermined

(3) controlled&as& to&access,& and&(4)& would&provide&safety&enhancements&to&the&already safe

operations o f those aircraft of similar size, weight, speed, and operating capability that have

been granted entry into the NAS via the rules in Academy of Model Aeronautics (AMA)

National Aircraft Safety Code. 1 Approval of this exemption would thereby greatly enhance

safety and fulfill the Secretary of Transportation’s (the Secretary) responsibilities to

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

airspace&system”& per& Section& 333&(c)& of& the&Reform Act.

Caleb&Alan&McDow,&LLC is requesting exemption from the following re gulations:

14& CFR& Part&21,& Subpart H

14& CFR& 61.23 (a)

14& CFR&61.113& (a)& and (b)

14& CFR 91.109

14& CFR 91.121

14& CFR&91.151 (a)

14& CFR&91.405 (a)

14& CFR&91.407 (a)(1)

14& CFR&91.409 (a)(1)

14& CFR&91.409 (a)(2)

14 CFR&91.417& (a)& and (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333 (a) through (c) of the Reform Act. This law directs the Secretary to consider whether

certain unmanned aircraft systems may operate safely in the NAS before completion of the

rulemaking required under Section 332 of the Reform Act. In making this determination, the

Secretary is required to determine which types of UASs do not create a hazard to users of

the&NAS,& to& the&public,& or& pose& a& threat& to& national security.

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an

unmanned aircraft system, as a result of its size, weight, speed, operational capability,

proximity to airports and populated areas, and oper ation within visual line of sight (VLOS)

does¬& create& a& hazard& to& users& of& the& NAS&or& the& public& or& pose& a& threat& to& national

security, and (2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under 49 USC 44 704 is required for the operation of civil (non

A

1&& See& the&attached&“AmaSafetyCode.pdf” document.April&10, 2015

Page 3

governmental) UASs. Therefore, if the Secretary determines that such vehicles “may

operate safely in the national airspace s ystem, the Secretary shall establish requirements

for& the& safe& operation& of& such&aircraft& in&the&national& airspace& system”. 2

Overview!of!the!petitioner

Caleb&Alan&McDow is&the&sole&member&and&manager&of&Caleb&Alan&McDow,&LLC.&Mr.&McDow&

is&a&licensed&real estate&agent&in&the&state&of&Florida&and&a&member&of&the&National&

Association&of&Realtors&(NAR),&the&Florida&Association&of&Realtors&(FAR),&the&Florida&Gulf&

Coast&Association&of&Realtors&(FGCAR),&the&Realtors&Land&Institute&(RLI),&and&the&National&and&

Flo rida&Chapters&of&Certified&Commercial&Investment&Members&(CCIM&/&FLCCIM).&Mr.&McDow&

serves&on&various&committees&within&several&of&these&organizations&and&is&actively&involved&

in&all&of&them.&

Mr.&McDow&is&an&instrument

A rated&private&pilot&and&has&logged& over&125&hours&of&flight&time&

as&a&civilian&pilot.&He&is&also&a&former&US&Navy&F/A

A 18F&Weapon&Systems&Officer&(WSO)&and&

has&logged&over&1300&hours&of&flight&time&as&a&military&flight&officer.&Mr.&McDow&has&been&

flying&remotely&piloted&aircraft&for&several& years&including&the&products&manufactured&and&

sold&by&DJI referenced&herein

.&

Overview!of!the!request!for!exemption

In&an&eff ort&to&reduce&the&time&burden&for this&request&and&in&hopes&of&streamlining&the&

exemption&process,&Caleb&Alan&McDow,&LLC&has&revi ew ed numerous&requests&and& grants&of&

exemption&under&Section&333.&Caleb&Alan&McDow,&LLC&has&used&much&of&the&language&of&

these&documents&to&create&this&request&

– especially

, 1.)&where&the&grants¬e&that&the&

petitioner&neglected&to&address&an&important&it em,&2.)&where&relief&was¬&necessary,&and&3.)&

where&relief&was¬&granted.&By&synthesizing&all&of&these&elements,&Caleb&Alan&McDow,&LLC&

has&attempted&to&craft&an&exemption&request&that&will&address&every&concern&and&meet&every&

guideline&and&mandate&prev iously&set&forth.&This&exemption&should&be&granted&on&the&basis&of&

the&precedent&set&by&the&FAA&in&granting&similar&Section&333&petitions,&as&well&as&on&its&own&

merit&with®ard&to&safety&and&intended&operations.&

Operation Overview

Caleb&Alan&McDow,&LL C ’ s SUASs& are& quadcopters,& manufactured&by&DJI&and& weighing& 10 or&

fewer&lbs.&(including&payload). The SUASs have the capability to hover and move in the

2 Caleb&Alan&McDow,&LLC interprets this provision to place the duty on th e Secretary to not

only&process applications for exemptions under section 333 of the Reform Act, but for the

Secretary& to& craft&conditions& for&safe& operations& of& SUAS

,& if&it& should& be& determined& that the

conditions& set& forth& herein& do¬& fulfill& the& statu tory& requirements& for& approval.April&10, 2015

Page 4

vertical and horizontal planes&simultaneously. They will operate only in visual line of slight

(VLOS) and will operate only in& controlled and limited airspace. They are capable of

operating at speeds of up to 42& knots, b ut will be routinely operated at much lower speeds.

They will routinely be operated&below& 200&feet& AGL,& and& never& above& 400& feet&AGL.

Caleb&Alan&McDow,&LLC’s exemption request would permit its commercial operation of

SUAS for&aerial photography and videogr aphy in controlled and limited airspace. Aerial

photography and videography services will be offered to homeowners, Realtors ®

,

community&event&organizers,& home builders, home contractors, and/or home inspectors

for use in, but not limited to, promotional& videos,& rea l& estate marketing for&agricultural,&

residential&and&commercial&property,& and inspections of building exteriors. All operations

will be conducte d& with the written and/or oral permission of the property owner(s) or&

his/her&agent (s)

.

Operations will& always& be&conducted& in&such&a&manner&as&to&minimize&hazards&to&persons&or&

property&on&the&ground. Such operations will ensure that the SUAS will “no t& create& a& hazard&

to& users& of& the&national&airspace& system&or&the& public”. 3

Aircraft

Caleb&Alan&McDo w,&LLC operates the& Phantom 2 Vision+ 4 (Phantom) and&the&Inspire&1 5

(Inspire)& SUASs manufactured by DJI, a& well

A known leader in quadcopter technology. DJI

strives to bring new perspectives to aeria l& work& and& help& companies&accomplish& operations

safer,& fast er,&and& with& greater&efficiency.&

DJI&has an& unparalleled&commitment& to& R&D,& a& culture& of& constant&innovation,& and&a& focus on

transforming&complex&technology& into& easy

A to

A use devices.

The standard Phantom quadcopter package includes the Phantom itself, c amera, gimbal,

propulsion system, flight control system, 5.8 GHz remote controller, and 2.4 GHz Wi

A Fi

communication system. The remote uses a 5.8 GHz frequency to prevent interference with

the video/telemetry channel. This second channel allows for a const ant connection with the

Phantom& to& monitor& it&via&a& smartphone& or&tablet& that& is& attached& to&the& remote&controller.

The& Phantom& is& about& 1& foot&square& in& size.& It& has& a& maximum&ascent& speed& of&11& knots, a&

maximum descent speed of 3 knots, and a maximum fl ight speed of 29 knots. While

3&& Reform&Act&Section& 333 (b)

4& http://www.dji.com/product/phantom

A 2

A vision

A plus

5&&& http://www.dji.com/product/inspire

A 1April&10, 2015

Page 5

ope rating within VLOS, the remote control has a range of 2,624 feet. The total weight

(including& the& payload)& is& 2.55& lbs. 6

The Phantom is equipped with a n&advanced& flight control system. This provides for

incredible ease of use and stability. Pilots can con trol the Phantom’s movements in many

directions

– including pitch (forward and backward), roll (left and right), elevator (up and

down), and yaw (turn left or right). The flight control system can also provide Intelligent

Orientation Control (IOC), failsaf e, battery level warnings, and show the aircraft’s current

heading, direction, and approximate distance from home on the on

A screen radar. The built

A

in GPS system aids in stabilizing the aircraft and automatically and safely returns it back to

its home po int in the&event&that communication between the remote control and

quadcopter& are lost.

The Inertial Measurement Unit (IMU) has a built

A in inertial sensor and a barometric

altimeter that measures both attitude (ATTI) and altitude. The inertial measurement tells

the&Phantom& how&it’s& tilted.& And& the&gyros&tell& it&if& it’s&rotating& in& any&particular&& direction.

The Phantom’s compass read geomagnetic information and assist the Global Positioning

System (GPS) to accurately calculate the position and height of the aircraft. The vertical

hover&accuracy& is&+/

A 2.6& ft.& The& horizontal&hover&accuracy& is& +/

A 8.2&& ft.

The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs

illuminate to indicate the status of the flight control system and alert the PIC of any possible

issues.

Such highly advanced capabilities will ensure that& the SUASs can be safely operated and “not&

create& a& hazard&to&users& of& the&national& airspace& system& or&the& public.” 6

6 http://www.dji.com/product/phantom

A 2

A vision/specApril&10, 2015

Page 6

The standard Inspire&quadcopter package includes the Inspire itself, camera, gimbal,

propulsion system, flight control system, 5.8 GHz remote controll er, and 2.4 GHz Wi

A Fi

communication system. The remote uses a 5.8 GHz frequency to prevent interference with

the video/telemetry channel. This second channel allows for a constant connection with the&

Inspire& to& monitor& it&via&a& smartphone&or&tablet& that& is attached& to&the& remote&controller.

The& Inspire& is& about& 1& foot&10&inches&square& in& size.& It& has& a& maximum&ascent& speed& of&21&

knots, a& maximum descent speed of 7.7 knots, and a maximum flight speed of 42 knots.

While operating within VLOS, the remote cont rol has a range of 2,624 feet. The total weight

(including& the& payload)& is& 6.47 lbs. 7

The Inspire is equipped with an& advanced& flight control system. This provides for incredible

ease of use and stability. Pilots can control the Inspire ’s movements in man y directions

–

including pitch (forward and backward), roll (left and right), elevator (up and down), and

yaw (turn left or right). The flight control system can also provide Intelligent Orientation

Control (IOC), failsafe, battery level warnings, and show the aircraft’s current heading,

direction, and approximate distance from home on the on

A screen radar. The built

A in GPS

system aids in stabilizing the aircraft and automatically and safely returns it back to& its

home point in the&event&that communication between the remote control and quadcopter&

are lost.

The Inertial Measurement Unit (IMU) has a built

A in inertial sensor and a barometric

altimeter that measures both attitude (ATTI) and altitude. The inertial measurement tells

the& Inspire how&it’s& tilted.& And& the&gyros&tell& it&if& it’s&rotating& in& any&particular& direction.

The Inspire’s& compass read s geomagnetic information and assist s the Global Positionin g&

System (GPS) to accurately calculate the position and height of the aircraft. The vertica l&

hover&acc uracy& is&+/

A 1.65 ft.& The& horizontal&hover&accuracy& is& +/

A 8.2&& ft.

The Inspire has LED flight indicators beneath each of its four rotor arms. The LEDs illuminate

to indicate the status of the flight control system and alert the PIC of any possible& issu es.

7 http://www.dji.com/product/inspire

A 1/specApril&10, 2015

Page 7

Equivalent! Level!of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient air spac e& system&

in& the& world& and& to& minimize& the& risk& to& the NAS& or& to&persons& and& property& on the ground,

Caleb&Alan&McDow,&LLC agrees to be bound by the following limitations and condition s& when&

conducting&commercial&operations&under& an&FAA&issued exemption:

A. For&the&purposes& of& ensuring&SUASs& will& be& operated& wi thin& the& standards& that the

FAA&has&allowed& in& the&AMA&National&Model&Aircraft&Safety Code:

1. SUASs& will& not&be flown:

a. In&a& careless& or& reckless manner.

b. At& a& location& where& SUAS& activities& are prohibited.

2. SUAS&pilots will:

a. Yield& the& right& of& way&to& all& human

A carrying aircraft.

b. See&and&avoid&all&aircraft& and&a& spotter& must& be&used& when appropriate 8

.

c. Not&fly&higher& than&400& feet&above&ground&level& or& within& three& (3) miles

of&an& airport&without¬ifying&the&airport operator.

d. Not&interfere& with& operatio ns& and& traffic&patterns& at& any& airport, heliport

or& seaplane& base& except&where&there& is&a& mixed

A use agreement.

e. Not&exceed& a& takeoff& weight& of&55& pounds&(including payload).

f. Ensure&the& aircraft& is& identified& by&affixing&the& owner’s contact

information& to&t he& outside& of& the SUAS.&

g. Not&operate& SUASs&while& under& the& influence& of&alcohol&or& while&using

any drug that could adversely affect the PIC’s ability to safely control the

aircraft.

8&& AMA&Document #540

A DApril&10, 2015

Page 8

h. Not&operate& SUA Ss& carrying&pyrotechnic& devices&that& explode& or& burn, or

any device which propels a projectile or drops any object that creates a

hazard& to& persons& or property.

3. SUASs& will& not&be& flown unless:

a. The& aircraft,&control& system& and& pilot&skills& have&successful ly

demonstrated& all& maneuvers&intended& or& anticipated&prior& to& the specific

event.

b. An& inexperienced& pilot& is& assisted& by& an& experienced pilot.

4. All pilots shall ,&to&the&max&extent&practical, avoid flying directly over

unprotected people, vessels, vehicles o r& structures and& shall&avoid&

endangerment& of&life&and& property& of others.

5. A successful radio equipment ground

A range check in& accordance with

manufacturer’s recommendations will be completed before the first flight of a

new& or& repaired&model aircraft.

6. S UASs& must&use& the&radio

A control&frequencies& currently& allowed&by& the Federal

Communications& Commission (FCC).

7. SUASs will not knowingly operate within three (3) miles of any pre

A existing flying

site& without& a& frequency

A management agreement. 8

8. Excluding&tak eoff& and& landing,& no& SUASs& may& be&flown& outdoors&closer& than 25

feet& to& any& individual,&except&for& the& PIC& and& the&PIC's&helper(s)& located& at the

takeoff&site

9. Under&no&circumstances&may&a&pilot&or&other&person&interfere&with&a&SUAS&in&

flight&while&it&is&s till&under&power,&except&to&divert&it&from&striking&an&individual.&

8&& AMA&Documents& #922&and #923M a y& 5

, 2015

10. The&PIC& of&the& SUAS shall:

a. Maintain control during the entire flight, maintaining visual contact

without&enhancement&oth er& than& by&corrective&lenses&prescribed&for the

pilot.

b. Fly& using&the&assistance& of& a& camera&or&First

A Person& View& (FPV)&only in&

accordance& with& the& procedures&outlined& in& AMA& Document #550.

c. Fly& using&the&assistance& of& autopilot& or& stabilization& system&onl y in&

accordance& with& the& procedures&outlined& in& AMA& Document #560.

11. The& flying&area& must& be& clear& of&all& utility&wires&or& poles& and& an& SUAV& will& not be

flown& closer&than& 50& feet& to& any& above

A ground& electric& utility lines.

12. The& flying&area& must& be& clear& bef ore&the&engine& is& started,&except& for& PIC&and the

PIC's helper(s).

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety

Code& and&in&an& effort& to& enhance& the& safety&offered&by&the&already& safe operations

mentioned above, Caleb& Alan&McDow,&LLC also agrees to be bound by the followin g&

limitations& and conditions:

1. Flights& will& be& operated&within& the& VLOS ability of& the PIC.

2. Maximum total flight time for each operational flight will be 25 minutes. Flights

will be terminated at 25% battery power reserve should that occur prior to the

25&minute limit.

3. The& SUAS& will& only&operate& in& controlled& and& limited airspace.

4. A briefing will be conducted in regard to the planned SUAS operations prior to

each flight. It will be mandatory that all personnel who will be performing duties

within&the&boundaries& of&the& safety&perimeter& be&present& for& this briefing.

5. The&PIC&and& the&PIC’s&helper(s)& will& have& been&trained& in& operation& of& SUAS& and&

received&up

A to

A date&information& on&the& particular& SUAS&to& be operated.M a y& 5

, 2015

6. The PIC and& the&PIC's&helper(s)& will& at& all×& be& able& to& communicate by

voice.

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have

capability to return to a pre

A determined location within the security perimeter

a nd&safely land.

8. The& SUAS& will& have&the&capability& to& abort& a& flight& in&case&of unpredicted

obstacles& or emergencies.

9. Flights will& only& be&conducted& on& property& for&which& the&written&and/or oral

permission& of& the&property owner(s) or&his/her&agents(s)&has been&granted

.

10. Flights& will& always& be& conducted& in& areas& that& are& clear&of& all& people,&except for

the&PIC& and& the&PIC's helper(s).

11. All flights will be conducted in daytime visual meteorological conditions (VMC)

only&and never&during& severe& weather condit ions.

12. Flights& will& not& occur& in& weather&conditions& that&prevent& the& PIC&from operating

within visual line

A of

A sight (VLOS) at all times or in weather conditions that

dramatically& affect& the&UAS’s& flight&(e.g.& high winds).

13. If an operation occurs in an area where people could inadvertently enter the

area, an operational border will be established. The& PIC's helper(s) will be

responsible for keeping a& safe&perimeter&around&the&operation.&The&operation&

will& cease& immediately and& be&rescheduled& if& it’s& impossib le&to&establish& a&safe&

perimeter&around th e&operation.

14. The&PIC&will& be&responsible& for& logging& all& flights& to&ensure&the comprehensive

preventative maintenance plan can be followed, as described in the

“Preventative&Maintenance”& section below.

15. The SUAS w ill not be routinely operated in the proximity of any airports. In any

cases&where&the& SUAS& must&be&operated& within&three& (3)& miles& of&an& airport, the

airport&operator& will& be¬ified&before& the& operation commences.M a y& 5

, 2015

The operation of SUASs, weighing less than 10 lbs., conducted in the strict conditions as

outlined above, will provide an equivalent level of& safety supporting the grant of exemptions

requested herein, including exempting the applicant from the requirements of Part& 21&and&

allowing&commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a small,&

controlled environment. As a result, they offer a much safer way to capture aerial

photography and videography. Furthermore, the proposed operations repres ent a safety

enhancement to the already safe operations that have been granted by the FAA for the

establishment& of& the&AMA&National&Model& Aircraft&Safety&Code.

Preflight!Action Plan

The PIC will follow a comprehensive pre

A flight checklist to ensure that the SUAS is in a

condition&for& safe& flight.& This& plan& will& be& improved&as&needed& in& order&to&ensure& all known

safety precautions and/or safety precautions suggested by the manufacturer are being

accounted for.

A. Pre

A flight Inspection

1. Check& that& the& remote& control,& Phantom&battery,& range& extender, and

smartphone& are& all& fully charged.

2. Verify that the Phantom battery is not swollen or damaged in any way. Clean

the&contact&needles& and& pads& if necessary.

3. Turn& the& motor&shafts& with& your& fingers& and& verify& they are& smooth without

excessive& play& or binding.

4. Verify that the propellers are mounted correctly. Propellers with a black top

should be mounted on the mount shafts that have a black dot. Propellers

with a silver top should be mounted on the mount shafts th at have a silver

dot.& Each& propeller& should&spin&all& the&way& down& onto& the&motor shaft.

5. Run&finger& along& the& edge& of& edge&blade& to& check& for& any& rough edges.

6. Flex&both& side& of&the& propellers’&blades&to& check&for& hairline&cracks& where the

blades& connect& i n& the& center&of& the propeller.M a y& 5

, 2015

7. Verify& that& the&landing&gear& is& secure& (not cracked/broken/loose).

8. Verify& that& the&compass& and& compass& cable& are firmly&attached& to& the

landing gear.

9. Verify& that& the& Micro

A SD& card&has& been& inserted& and formatted.

10. Verify& t hat& the&damping&absorbers& are¬& broken& and/or worn.

11. Verify& that& the&anti

A drop& pins&are& in& place&and locked.

12. Remove&the& Gimbal&guard& and& camera& lens cap.

13. Verify& that& the& camera& is& secure&and& clean.&Inspect&the&camera&ribbon cables

for&tears& and/or& sign s& of wear.

14. Verify& that& the&smartphone’s& GPS& is enabled.

15. Set& the& smartphone& to& do

A not

A disturb&mode& to& prevent& distractions while

flying.

16. Set& the& smartphone& to& forget& any&Wi

A Fi& networks& in& range& in& order& to prevent

the& Wi

A Fi& connection&from&changing mid

A fl ight.

17. Verify& that& the&smartphone’s& audio& is&on&to& ensure& the& low& battery warning

and&other& alarms& can& be heard.

B. Power Up

1. Verify& that& S1& and&S2& are& in& the& top& position& on&the& remote control.

2. Power& on& the&equipment& in&the& following&sequential order:

a. Ran ge&Extender&(“System”& is& blinking&green;&“Power”& is& solid green)

b. Remote&Control& (2& beeps& to& indicate&it’s& in& FCC mode)

c. Insert& and& start&the&Phantom battery.M a y& 5

, 2015

3. Watch&the&Phantom& LED& startup&sequence&for&abnormal&indications.&The rear

LEDs should blink gree n for at least 10

A 15 seconds to indicate that it locked

onto 6+ satellites and has marked the home point (for use by the failsafe

feature).

4. Calibrate&the&Phantom’s compass.

5. Place& the&Phantom& on& an& open,& flat& ground& with& the&battery&indicators facing

towa rds&the& PIC& at& least& 10& feet away.

C. DJI& Vision Application

1. Connect& the& smartphone& Wi

A Fi& to&the& range extender.

2. Launch&the& “DJI& Vision”&application& on& the smartphone.

a. V erify& that& the&Wi

A Fi&connection& is& “Phantom

A #####”& and& is marked

with& a& green dot.

b. Ve rify& the& number& of& satellites& is 6+.

c. Verify& the& Wi

A Fi&signal strength.

d. Verify& that& the&Phantom& and& range&extender& batteries&are& reporting a&

full charge.

e. Verify& that& both& the&PIC’s& and& Phantom’s&location& is& the& same before

taking& off&to& ensure& the& home& p oint&has&been&accurately marked.

f. Verify the location of the Phantom in the “Flight Radar”. If it’s not in

the& correct& position/direction& and/or& shows& a& distance&of& “N/A”,& it did

not&mark&the&home point.

g. Use the “Find my Phantom” feature to ensure the blu e (home point

location)& and& red& (Phantom&location)&dots& are& in&the& same& location on&

the screen.M a y& 5

, 2015

D. Ready& to Fly

1. Verify& that& the&remote& control& antenna& is& perpendicular& to&the ground

(pointing skyward).

2. Verify& that& the&front,& flat& face& of& the&range& extende r& is& pointed&toward the

Phantom.

3. Verify& that& the&rear& LEDs&are&still&slowly& blinking&green& and&still& connected to&

6+ satellites.

4. Start&the&Phantom&motors&using&the&CSC& command& on&the& remote control.

5. Verify& that& the&motors& are& functioning&normally,& are& n ot&making& any unusual

noises,& and& are& all& spinning& at& the& same speed.

6. Verify& that& the&area& is& still&clear& of& obstructions,& people,&power& lines, etc.

7. Take&off& and& hover& at&about& 6

A 8& feet&above& the& takeoff& point& to& verify& that the

Phantom has a solid GPS l ock. If any abnormalities are noticed (drifting, flying

in circles, etc.), land immediately and repeat the “Pre

A flight Inspection” and

“Power& Up” sequences.

8. Verify& that& the&Phantom&holds& a& steady&position& while& yawing& 360 degrees.

9. Verify that the Phantom response appropriately to all controls

– yaw

left/right,&pitch&forward/backward,& roll&left/right,& and& throttle up/down.

Preventative Maintenance

A& comprehensive&preventative&maintenance& plan&will& be& followed& in& order& to& ensure the

SUAS’s software is up

A to

A date, the batteries are in good health, and the aircraft itself is

always&ready& for&safe flight 9

.

9& See& the&“Preventative&Maintenance& Checklist”& on&page&41&of& the attached

“PhantomGuide.pdf” document.M a y& 5

, 2015

Pilot! in! Command!(PI C) Qualifications

All PIC s&for&Caleb&Alan&McDow,&LLC&will&hold,&at&a&minimum,&a&private&pilot&license&and&a&

third

A class&medical&certificate.& Although the& SUAS& is& similar in size, weight, speed, and

operating capability as those currently allowed to be fl own for hobby/recreation, holding

the PIC to the same certification standards as&for&manned&flight& will provide an& equivalent&

level& of safety

.& Since&there&are current& no& established& standards&for&either&private& or&

commercial& SUAS&pilot& certificates,& requir ing&a&private&pilot&certificate&and&a&third

A class&

medical&will&ensure&knowledge&of&airspace®ulations&and&hazards&to&flight .&Additionally,&

in&order&to&ensure&that&PICs&for& Caleb&Alan&McDow,&LLC possess&the&necessary&familiarity&

and&experience&with&the&SU ASs&to&be&flown,&we& propose that our PIC s be required to

complete& the&following&prior& to&the& first&commercial operation:

E. Perform& 20& flights& or& log& 1 0& hours& of& flight&time& (the& greater& of& the&two)& with the DJI&

Phantom 2&Vision+

.

F. Successfully learn and dem onstrate all flight maneuvers in the “Phantom Pilot

Training Guide”. 10

G. Study& and&be& familiar& with&all& sections& of& the& “Phantom& 2& Vision+& User Manual”. 11 and&

t he& “Guide&to&the& Phantom& 2& Vision && Vision+”. 12

Public Interest

Granting&this&exemption&would&b enefit& the& public&as& a& whole.& SUASs&offer& a& strong

equivalent level of safety, a reduction in environmental impacts, and are free from th e&

harmful emissions associated with the manned aircraft that are currently used for aerial

photography and videography. Due to the size of the SUAS and the controlled and limited

airspace in which the SUAS s will operate, approval of this application presents no ris k& to&

the&public.&Furthermore,&the& public&will& be& able& to& legally& acquire& aerial& photography and

videography to use&in, but not limited to, advertising homes for sale, advertising

uninhabited home lots, use of photos and video as an aid when researching homes for sale

on the market, or safely accessing high and/or awkward areas of a home’s exterior to

assess& damag e& that& needs&to& be repaired.

10 See the attached “PhantomTrainingGuide.pdf” document.

11&& See& the& attached& “PhantomUserManual.pdf” document.

12&& See& the& attached& “PhantomGuide.pdf” document.M a y& 5

, 2015May&5

, 2015

National Security

By&requi ring&it’s&PICs&to&hold&a&private&pilot&license,&Caleb&Alan&McDow,&LLC&can&ensure&that&

national&security&concerns&are&addressed&and&mitigated.&Pilots&holding&an&FAA&issued&

private&or&commercial&pi lot&certificate&are&subject&to&security&screening&by&the&Depa rtment&

of&Homeland&Security.&As&previously&determined&by&the&Secretary,&the&requirement&to&have&

an&airman&certificate&ameliorates&security&concerns&over&civil&SUAS&operations&conducted&in&

accordance&with&Section&333.&

Requested Exemptions

Caleb&Alan&McDo w,&LLC requests exemption from the following regulations :

Airworthiness Certificates

14& CFR& Part&21,& Subpart H

Subpart H establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR 91.203 (a) (1). Given the s ize and limited operating

area associated with the aircraft to be utilized by Caleb&Alan&McDow,&LLC

, an

exemption from Part 21 Subpart H meets the requirements of an& equivalent level of

safet y& under Part 11 and Section 333 of the Reform Act. The Federal Av iation Act

(49 USC 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to

exemp t& aircraft& from& the& requirement&for& an& airworthiness&certificate,&upon&

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

airport s and populated areas of the particular SUAS. In all cases, an analysis of these

criteria demonstrates that the SUAS operated without an airworthiness certificate,

in the restricted&environment& and& under&the&conditions& proposed,&will& be&at& least&as&

safe, o r&safer,&than& a& conventional&aircraft&operating& with&an& airworthiness

certificate without&the&restrictions& and& conditions proposed.

Private!pilot!privileges!and!limitations:!Pilot! in command

14& CFR&61.113& (a)& and (b)

These regulations limit private pilot s to non

A commercial operations. Because the

SUAS& will& not&carry& a& pilot& or& passengers;&due& to&the& SUAS’s& size,& weight,&speed, and&

operational capabilities; and since operations will occur in controlled and& limited

airspace, the proposed operations can ach ieve the equivalent level of safety& of&

current&operations& that& currently&require& a& commercial& pilot’s&license&simply&with&the&

possession&of&a&private&pilot&license.&Furthermore, since there are no standards forMay&5

, 2015

either private or commercial SUAS pilot ce rtificates, the&best&way&to&achieve&this&

level&of&safety&is&to&require&all&of&our&operators&to&be&licensed&private&pilots.&

The&FAA&held&in&Exemption&No.&11191&that&“a&PIC&holding&a&private&pilot&

license&and&a&third

A class&medical&certificate&and&who&has&com pleted&the&

petitioner’s&UAS&training&and¤cy&requirements&can&conduct&the&

proposed&UAS&operations&without&adversely&affecting&the&safety&of&the&NAS&

or&persons&or&property&on&the&ground.”&& Knowledge of airspace regulations

,& awareness&of&proximity&to&ai rports&and&a&“vested&interest”&in&the&safety&of&

manned&aviation&provide&the&best&safety&controls¤tly&available&to&the&

SUAS&industry.& Obviously,&practice in the control and& operation& of&the& SUAS&

acquired& from&actual&operation& of&the& aircraft& will& be&a very important factor in

establishing an equivalent level of safety. But&the&requirement&of&a&private&pilots&

license&is&an&important&prerequisite.&

Additionally,&the&operator&of&the&SUAS&will&always&be&assisted&by&a&Visual&

Observer&(VO)

. This&will&fulfil l&the&requirement&of&operating&the&SUAS&“within&

visual&line

A of

A sight”&as&granted&in&Exemption&11191&and&as&proposed&in&the&

NPRM&Part&107.

Medical certificates

14& CFR& 61.23 (a)

This regulation requires pilots to&hold&a&second

A class&medical&certificate&whe n&

exercising&the&privileges&of&a&commercial&pilot&certificate.&For&reasons&stated&above,&an&

equivalent&level&of&safety&can&be&achieved&by&requiring&all&PICs&to&hold&a&private&pilot&

certificate&and&a&third

A class&medical&certificate.&

Flight instruction

14& CFR 91.109

This& regulation&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.

SUASs& and& remotely&piloted&aircraft,&by&thei r& design& do¬&have&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. The equivalent level ofMay&5

, 2015

safety is& provided by the fact that we&are¬&requesting&relief&from&61 .113,&insofar&

as&all&of&our&operators&will&be&licensed&private&pil ots.&To&the&extent&that& flight&

instruction&is&required&on&the&specific&aircraft&model&is&required,&an&equivalent& level&

of&safety&is&provided&by&3 facts:&1.)&The&SUAS&described&herein&hover&in&a&fix&position&

anytim e&the&controls&are&released.& 2.)&The&time&r equired&to&transfer&positive&control&

from&one&operator&to&another&is&negligible&when&considering&the&myriad&other&safety&

features&in&place.& 3.) The&training&qualifications&described&in&the§ion&entitled&

“Pilot& in& Command&(PIC) Qualifications”&above.&

M inimum!safe!altitudes

14& CFR 91.119

This r egulation provides:&“Except&when&necessary&for&takeoff&or&landing,&no&person&may&

operate an aircraft below the following altitudes:&(a) Anywhere. An altitude allowing, if a

power unit fails, an emergency landing&wi thout&undue&hazard&to&persons&or&property&on&

the surface.&(b)& Over congested areas. Over any congested area of a city, town, or

settlement,&or& over& any&open&air&assembly&of&persons,&an&altitude&of 1,000&feet& above&

the&highest&obstacle&within&a&horizontal&r adius&of&2,000&feet of the&aircraft.&(c) Over other

than congested areas. An altitude of 500 feet above the surface,&except& over& open&water&or&

sparsely&populated&areas.&In&those&cases,&the&aircraft&may¬&be&operated&closer&than&

500&feet&to&any&person, ves sel,&vehicle,&or structure.”

An&equivalent level of safety&can&be&achieved& by& maintaining&altitudes&no&greater&than

400&feet& AGL.&Additionally,& the& S UASs& flown&all& have& GPS

A aided&flight&stability&integrated&

into&the&flight&control&system. This allows&the& S UASs& to&maintain&their&position&precisely&

when&there&are&no&inputs given through&the&remote& controller.& This&allows&the&operator&

to&make&controlled,&steady approaches to various obstacles for purposes of inspection.

While flying close to&such large obst ructions poses a risk to the aircraft,&the&risk&to

infrastructure is negligible due to the weight of the S UASs being less than 10 lbs. The PIC

shall always assess the risks&to&people&and&property&when&conducting&such&operations,&

and&either&continue&the mis sion&or&abort accordingly.&

Additionally,&prior&to&conducting&UAS&specific&operations,&all&persons¬&essential&to&

flight&operations&(nonparticipating&persons)&will&be&required&to&remain&at&appropriate&

distances.&In&open&areas,&the&Operator&and&the&Visual Observer&will&remain&500&feet&from&

all&other&persons.&At×,&barriers&or&structures&may&be&used& (as&stated&above)& to&

protect&nonparticipating& persons .&This&will&allow&the&Operator&to&operate&closer&than&500&

feet&to&persons&afforded&such&protection.&Add itionally& operations& may&be&conducted&

closer&than&500&feet&to&vessels,&vehicles&and structures&when&the&land&owner(s)&or&

agent(s)& grants&such&permission&and&the&PIC&makes&a& suitable& safety&assessment&of&the&May&5

, 2015

risk&of&operating&closer&to&those&objects.&The& operator& or&visual&observer& must&ensure&

that&nonparticipating&persons&remain&u nder&appropriate&protection&at&all×

.&

Altimeter settings

14& CFR 91.121

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.”& As& the SUAS

may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An e quivalent level of safety will be achieved by the

operator by confirming the altitude of the launch site shown on the GPS altitude

indicator&before flight and&by&frequently&referencing&the&AGL&altitude&readout&on&

the&screen&via&the&telemetry&link&onboard&t he&SUAS.&

Fuel! Requirements! for! Flight!in! VFR Conditions

14& CFR&91.151 (a)

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;& or& (2) At

night,& to&fly& after& that&for& at& least&45& minutes.”

The battery powering the SUAS provides approx imately 25 minutes of powered

flight. That would make it impossible to meet the 30 minute reserve requirement.

Given the limitations on the SUAS’s proposed flight area and the location of its

proposed&operations& within& a& predetermined&area,& the&reserve&req uirements&are¬&

appropriate&for&these&aircraft&being&used&in&these&applications.&

A n& equivalent&level& of& safety& can&be& achieved& by&limiting& flights& to& 25& minutes& or 25%

of battery power (whichever occurs first). This restriction would be more than

adequ ate&to&return&the&SUAS& to&its& planned& landing&zone& from& anywhere& in& its

limited& operating area. Additionally,& both&SUAS&proposed&herein& provide low&battery&

warnings&at&30%&capacity&that&indicate&the&PIC&must& effect&the&SUAS’s return&to&the&

launch&point

.& Th e&UAS&also&provides&critical&low&battery&warnings&at&15%&battery&

capacity&indicating&that&the&UA&will&begin&to&descend&and&land&automatically.& Finally,&May&5

, 2015

similar&relief&from& 14& CFR&91.151 (a)&was&granted&in&Exemption&Nos.&8811,&10808,&and&

10673&for&daytim e&VFR&conditions.&

Maintenance Inspections

14& CFR&91.405 (a);&14&CFR&91.407 ( a)(1);& 14&CFR&91.409 (a)(1);& 14&CFR& 91.409 (a)(2);

14& CFR&91.417 (a)& and (b)

These®ulations&require& that& an& aircraft&operator& or& owner&“shall&have& that aircraft

inspected as presc ribed 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 P art 43 of this chapter...,” and others shall inspect or

maintain&the&aircraft& in& comp liance& with&Part&&43.

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

certificate,&these§ions& will& not& apply.& Maintenance&will& be& accomplished&by the

operator pursuant to the aforementioned Phantom user manual and gu ide. An

equivalent level of safety will be achieved because these small SUASs are very

limited in size, will carry a small payload, and operate only in restricted areas for

limited periods of time. If mechanical issues arise, the SUAS can land immediately

and will be operating from no higher than 400 feet AGL. As outlined in the

aforementioned&Pre

A flight&Action&Plan,& the& operator& will& ensure& that& the& SUAS& is in&

working&order&prior&to&initiating&flight& and& perform& maintenance& as& required

.

Moreover, the opera tor is the person most familiar with the aircraft and best suited

to maintain the aircraft in an airworthy condition to provide the equivalent level of

safety.

Civil!Aircraft!Airworthiness

14&CFR&91.7(a)&and&(b)

These®ulations&require& that& an& “n o&pers on&may&operate&a&civil&aircraft&unless& it&is&in&an&

airworthy&condition”&and&“t he&pilot&in&command&of&a&civil&aircraft&is&responsible&for&

determining&whether&that&aircraft&is&in&condition&for&safe&flight.&The&pilot&in&command&

shall&discontinue&the&flight&wh en&unairworthy&mechanical,&electrical,&or&structural&

conditions&occur. ”

Even&though&these&aircraft&will¬&require&airworthiness&certificates,&the&PIC&of&the&

SUASs&will&still&be&responsible&for&determining&if&they&are&in&an&airworthy&condition&prior&

to&f light.&An&equivalent&level&of&safety&can&be&achieved&by&adherence&to&the&operating&

documents&contained&herein&in&order&to&determine&if&the&aircraft&is&in&an&airworthy&

condition&in&accordance&with&91.7(a).&Also,&compliance&with&91.7(b)&can&be&accomplished&May&5

, 2015

in&the&same&manner&that any&private&pilot&(as&required&herein)&would&comply&if&the&

aircraft&in&question&did&have&an&airworthiness&certificate.&

In accordance with 14 CFR Part 11, the following summary is provided for publication in the

Federal Register:

The&applicant& seeks& an& exemption&from&the&following&rules:& 14&CFR& Part&21, Subpart

H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14

CFR&91.405& (a);&14& CFR&91.407& (a)(1);& 14&CFR& 91.409& (a)(1);& 14& CFR& 91.409& (a)(2);& 14

CFR& 91.417& (a)& and&(b)& to& commercially&operate& small& unmanned&aircraft&systems (55

lbs.& or& less)& in& order& to& safely& and& legally& capture& aerial photography and videography

for homeowners, Realtors ®

, community&event&organizers,& home builders, home

contractors, a nd/or home inspectors for use in, but not limited to, promotional&

videos,& real&estate marketing for&agricultural,&residential&and&commercial&

property,& and inspections of building exteriors.

The operation of SUASs conducted in the strict conditions outlin ed above, will provide an

equivalent and/or greater level of safety supporting the grant of the exemptions requested

herein, including exempting the applicant from the requirements of Part 21 and allowing

commercial operations. These lightweight aircraft o perate at slow speeds, close to the

ground, and in a sterile environment, and as a result, are far safer than existing operations

conducted with helicopters operating in close proximity to the ground, people, or other

buildings& in&the vicinity.

Given the small size of the SUASs involved, the slow speed at which they must be operated

in order to capture photos and videos, and the restricted environment within which they

will operate, Caleb&Alan&McDow,&LLC demonstrates that it s&SUASs can be operated with an

equivalent lev el of safety in which Congress envisioned that the FAA must, by exemption,

allow commercia l& operations of SUASs to commence immediately. Also, due&to&the&

requirement&that&PICs&hold&at&least&a&private&pilot&license&and&a&third

A class&medical&ce rtificate,

approval of this application presents no threat to national security. Given the clear direction

in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, the

strong equivalent leve l& of safety surrounding the proposed operations, the significant public

benefit

– includin g& enhanced safety, reduction in environmental impacts, no emissions,

ability to legally obtai n aerial photography and videography services

– the grant of the

requested exemptions is in& the public intere st. Accordingly, Caleb&Alan&McDow,&LLC

respectfully requests that the FAA grant t he&requested&exemption&without delay.May&5

, 2015

Satisfaction of the criteria provided in Section 333 of the Reform Act

– size, weight, speed,

operating capability, proximity to airpor ts and populated areas, operation within visua l line&

of& sight,& public& safety,& and& national& security&

– provide& more& than& adequate& justification t o

grant Caleb&Alan&McDow,&LLC the requested exemption, allowing for commercial operations

as described herewith.

Sincerely,

Caleb&McDow

Manager

,& Caleb&Alan McDow,&LLC