July 28, 2015

Exemption No. 12193

Regulatory Docket No. FAA–2015–1605

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 petitioned 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 aircraft system (UAS) to conduct aerial 

photography and videography.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+ and DJI Inspire 1.

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

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
2

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, Certification 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 collection1. The FAA has issued grants of 

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

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

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

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

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

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

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

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

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, 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 (particulate 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 weighing less than 55 pounds including payload. 

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

amend this exemption.

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

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

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

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

U.S. driver’s license.

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

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

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

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

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

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

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

required of the VO.

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

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

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

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

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

limitations in this exemption and the procedures outlined in the operating documents, 
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 revise 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 documents if it petitions for extension 

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

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

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

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

updates or revisions to the operating documents.

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

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

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

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

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

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

aircraft components.

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

safety bulletins.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

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

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

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

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

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

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

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

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

power recommended by the manufacturer if greater.

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

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

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

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless:

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

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

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

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

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

of nonparticipating persons; and

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

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

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

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

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

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

contained on the NTSB Web site: www.ntsb.gov.
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 over the area of proposed filming. The 3-day 

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
8

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Caleb&Alan&McDow,&LLC

203&Ruby&Lake&Lane

Winter&Haven,&FL&33884

352A665A6648

caleb@crosbydirt.com

May&5,&2015

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

West&Building&Ground&Floor,&Room W12A140

1200&New&Jersey&Avenue, SE&

Washington,&DC 20590

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

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

from&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 established 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. 112A95, Special Rules for Certain Unmanned Aircraft Systems,

provide an 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 below, the requested exemption would permit Caleb&Alan&McDow,&LLC

to&operate&SUASs&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 of 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 regulations:

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 operation 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 44704 is required for the operation of civil (nonA

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 system, 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&

Florida&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&instrumentArated&private&pilot&and&has&logged&over&125&hours&of&flight&time&

as&a&civilian&pilot.&He&is&also&a&former&US&Navy&F/AA18F&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&effort&to&reduce&the&time&burden&for this&request&and&in&hopes&of&streamlining&the&

exemption&process,&Caleb&Alan&McDow,&LLC&has&reviewed 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&item,&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&previously&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,&LLC’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 the 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&statutory&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, but 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 videography in controlled and limited airspace. Aerial

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

community&event&organizers,&homebuilders, home contractors, and/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. All operations

will be conducted&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 “not&create&a&hazard&

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

Aircraft

Caleb&Alan&McDow,&LLC operates the&Phantom 2 Vision+4 (Phantom) and&the&Inspire&15

(Inspire)&SUASs manufactured by DJI, a&wellAknown leader in quadcopter technology. DJI

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

safer,&faster,&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&easyAtoAuse devices.

The standard Phantom quadcopter package includes the Phantom itself, camera, gimbal,

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

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

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 flight speed of 29 knots. While

3&&Reform&Act&Section&333 (b) 4& http://www.dji.com/product/phantomA2AvisionAplus 5&&&http://www.dji.com/product/inspireA1
April&10, 2015

Page 5

operating 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 an&advanced&flight control system. This provides for

incredible ease of use and stability. Pilots can control 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), failsafe, battery level warnings, and show the aircraft’s current

heading, direction, and approximate distance from home on the onAscreen radar. The builtA

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 builtAin 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/phantomA2Avision/spec
April&10, 2015

Page 6

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

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

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.

Whileoperating within VLOS, the remote control 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 forincredible

ease of use and stability. Pilots can control the Inspire’s movements in manydirections –

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

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

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

direction, and approximate distance from home on the onAscreen radar. The builtAin 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 andquadcopter&

are lost.

The Inertial Measurement Unit (IMU) has a builtAin 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 reads geomagnetic information and assists the Global Positioning&

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

hover&accuracy&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 LEDsilluminate

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

7 http://www.dji.com/product/inspireA1/spec
April&10, 2015

Page 7

Equivalent!Level!of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient airspace&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 conditions&when&

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

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

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

1. SUASs&will¬&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&humanAcarrying aircraft.

b. See&and&avoid&all&aircraft&and&a&spotter&must&be&used&when appropriate8.

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&operations&and&traffic&patterns&at&any&airport, heliport

or&seaplane&base&except&where&there&is&a&mixedAuse agreement.

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

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

information&to&the&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 #540AD
April&10, 2015

Page 8

h. Not&operate&SUASs&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¬&be&flown unless:

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

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 or&structures and&shall&avoid&

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

5. A successful radio equipment groundArange check in&accordance with

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

new&or&repaired&model aircraft.

6. SUASs&must&use&the&radioAcontrol&frequencies¤tly&allowed&by&the Federal

Communications&Commission (FCC).

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

site&without&a&frequencyAmanagement agreement.8

8. Excluding&takeoff&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&still&under&power,&except&to&divert&it&from&striking&an&individual.&

8&&AMA&DocumentsΚ&and #923
May&5, 2015

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

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

without&enhancement&other&than&by&corrective&lenses&prescribed&for the

pilot.

b. Fly&using&the&assistance&of&a&camera&or&FirstAPerson&View&(FPV)&only in&

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

c. Fly&using&the&assistance&of&autopilot&or&stabilization&system&only 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¬ be

flown&closer&than&50&feet&to&any&aboveAground&electric&utility lines.

12. The&flying&area&must&be&clear&before&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 following&

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&upAtoAdate&information&on&the&particular&SUAS&to&be operated.
May&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 preAdetermined location within the security perimeter

and&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 conditions.

12. Flights&will¬&occur&in&weather&conditions&that&prevent&the&PIC&from operating

within visual lineAofAsight (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&impossible&to&establish&a&safe&

perimeter&around the&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”§ion below.

15. The SUAS will 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.
May&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 ofexemptions

requested herein, including exempting the applicant from the requirements ofPart&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 represent 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 preAflight 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. PreAflight 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 that 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&in&the¢er&of&the propeller.
May&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&MicroASD&card&has&been&inserted&and formatted.

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

11. Verify&that&the&antiAdrop&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&signs&of wear.

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

15. Set&the&smartphone&to&doAnotAdisturb&mode&to&prevent&distractions while

flying.

16. Set&the&smartphone&to&forget&any&WiAFi&networks&in&range&in&order&to prevent

the&WiAFi&connection&from&changing midAflight.

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. Range&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.
May&5, 2015

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

LEDs should blink green for at least 10A15 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

towards&the&PIC&at&least&10&feet away.

C. DJI&Vision Application

1. Connect&the&smartphone&WiAFi&to&the&range extender.

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

a. Verify&that&the&WiAFi&connection&is&“PhantomA#####”&and&is marked

with&a&green dot.

b. Verify&the&number&of&satellites&is 6+.

c. Verify&the&WiAFi&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&point&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 blue (home point

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

the screen.
May&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&extender&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¬&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&6A8&feet&above&the&takeoff&point&to&verify&that the

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

in circles, etc.), land immediately and repeat the “PreAflight 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 upAtoAdate, the batteries are in good health, and the aircraft itself is

always&ready&for&safe flight9.

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

“PhantomGuide.pdf” document.
May&5, 2015

Pilot!in!Command!(PIC) Qualifications

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

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

operating capability as those currently allowed to beflown 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,&requiring&a&private&pilot&certificate&and&a&thirdAclass&

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&SUASs&to&be&flown,&we&propose that our PICs be required to

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

E. Perform&20&flights&or&log&10&hours&of&flight&time&(the&greater&of&the&two)&with the DJI&

Phantom 2&Vision+.

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

Training Guide”.10

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

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

Public Interest

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

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

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 andlimited

airspace in which the SUASs will operate, approval of this application presents no risk&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&damage&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.
May&5, 2015
May&5, 2015

National Security

By&requiring&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&pilot&certificate&are&subject&to&security&screening&by&the&Department&

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&McDow,&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 size and limited operating

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

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

safety&under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act

(49 USC44701 (f)) and Section 333 of the Reform Act both authorize the FAA to

exempt&aircraft&from&the&requirement&for&an&airworthiness&certificate,&upon&

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

airports andpopulated areas of the particular SUAS. In all cases, an analysis of these

criteriademonstrates that the SUAS operated without an airworthiness certificate,

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

safe, or&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 pilots to nonAcommercial operations. Because the

SUAS&will¬&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 achieve the equivalent level of safety&of&

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

possession&of&a&private&pilot&license.&Furthermore, since there are no standards for
May&5, 2015

either private or commercial SUASpilot certificates, 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&thirdAclass&medical&certificate&and&who&has&completed&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&airports&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&fulfill&the&requirement&of&operating&the&SUAS&“within&

visual&lineAofAsight”&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&secondAclass&medical&certificate&when&

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&thirdAclass&medical&certificate.&

Flight instruction

14&CFR 91.109

This®ulation&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&their&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 of
May&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&pilots.&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&

anytime&the&controls&are&released.&2.)&The&time&required&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.&

Minimum!safe!altitudes

14&CFR 91.119

This regulationprovides:&“Except&when&necessary&for&takeoff&or&landing,&no&person&may&

operate an aircraft belowthe following altitudes:&(a)Anywhere.Analtitudeallowing,if a

powerunitfails, anemergency landing&without&undue&hazard&to&persons&or&property&on&

the surface.&(b)&Overcongestedareas.Over any congestedareaof 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&radius&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, vessel,&vehicle,&or structure.”

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

400&feet&AGL.&Additionally,&the&SUASs&flown&all&have&GPSAaided&flight&stability&integrated&

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

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

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

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

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

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

and&either&continue&themission&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.&Additionally&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&under&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 equivalent 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&the&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 approximately 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&requirements&are¬&

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

An&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

adequate&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.&The&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&daytime&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 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.

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

certificate,&these§ions&will¬&apply.&Maintenance&will&be&accomplished&by the

operator pursuant to the aforementioned Phantom user manual and guide. 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&PreAflight&Action&Plan,&the&operator&will&ensure&that&the&SUAS&is in&

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

Moreover, the operator 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&“no&person&may&operate&a&civil&aircraft&unless&it&is&in&an&

airworthy&condition”&and&“the&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&when&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&flight.&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&aerialphotography and videography

for homeowners, Realtors®, community&event&organizers,&homebuilders, home

contractors, and/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 outlined 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 operate 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 its&SUASs can be operated with an

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

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

requirement&that&PICs&hold&at&least&a&private&pilot&license&and&a&thirdAclass&medical&certificate,

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

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

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

benefit – including&enhanced safety, reduction in environmental impacts, no emissions,

ability to legally obtain aerial photography and videography services – the grant of the

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

respectfully requests that the FAA grant the&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 airports and populated areas, operation within visualline&

of&sight,& public&safety,&and&national& security&– provide&more& than&adequate&justification to

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

as described herewith.

Sincerely,

Caleb&McDow

Manager,&Caleb&Alan McDow,&LLC