July 20 , 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590
Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,
I, Michael McCreary, am writing pursuant to the FAA Modernization and Refo rm Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Michael McCreary

, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I may

operate m y small u nm anned aircraft system (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).
I hold a current FAA private pilot certificate, current BFR, current 3 rd class medical and fly certified aircraft
on a weekly basis

. (curren tly aPA28) Additionally, I participate in the Wi ngs program through FAASafety.org, and maintain a subscription to Foreflight to keep current with charts, airspace, TFRs etc.

As described herein for exemption purposes I am a photographer and videographer; experienced in flying hobby aircraft for recreational purposes. I have added a quad

-copter 1 sUAS to m y inventory equipped with
a selfcontained camera with intent for aerial photography and videography; following exemption and approval by

the FAA. My exem ption request would permit operation of small , unmanned (piloted by remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace. 2 Predetermined in areas away from large public gatherings, airports and heliports for comm unity videos, photos and video of new and remodeled commercial buildings/projects, individual homeowner aerial photography/videography, photography and video of land developments for builders, and nature photos and videos in completely unpopulated areas an d other community related events upon request. Currently, similar lightweight, remote controlled sUASs are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, have personally instilled safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight sUAS's specific to photography & videography usage as I, Michael McCreary

, record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation. Granting m y, Michael McCreary’s, request comports with the Sec retary of Transportation’s (FAA Adm inistrator’s) responsibilities and authority to not only integrate sUASs into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [sUASs] in the national airspace s ystem” under Section 333(c) of the Reform Act specific to the use of sUASs for photography & videography purposes. Further I, Michael McCreary, will conduct my o perations in
com pliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below I, Michael McCreary

, respectfully request the grant of an exemption allowing meto operate ultra

- light weight, remote controlled sUASs for the purposes of acquiring aerial photos & videos, both of which will promote local economic growth through increased employme nt and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that poses potential public hazard.

1 Supplemental File

– DJI, Phantom 3 (User Manual 1. 0 ) & Appendix A 2 Appendix B

– Aeronautical Charts

3 Appendix C

- Personal Protocols and Controls

I. Contact Information:Michael McCreary

, FPSC (Florida Professional Services Corp.)

, 6460 SWB essie St

. , Palm City

, FL

34990 Office: ( 772) 221

-3178. Mobile: ( 772 ) 486

-5001 . Email: mi ke@mccreary.org



### II. The Specific Sections of Title 14 of the Code of Federal Regulations From Wh ich Michael McCreary Requests Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

### III. The Extent of relief Michael McCreary seeks and the Reason He Seeks Such Relief: I, Michael McCreary, submit this application in accordance with the Refo rm Act, 112 P.L. 95 §§ 331

-334, seeking relief from any currently applicable FARs operating to prevent me , Michael McCreary, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Sect ion 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My

, Michael McCreary’s , sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of m y sUAS is expressly contemplated by the Reform Act. I would like to operate m y sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial photography & videography. The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our national airspace s ystem. Considerations include: The weight, size, speed and overall capabilities of the sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS will be operated by

l ine of sight. 112 P.L. 9 5 § 333 (a). Each of these item s reflect in favor of an exemption for me, Michael McCreary . My sUAS utilizes four (4) counter

- rotating propellers for balance, control and stability. My sUAS is equipped with GPS and auto return safety technology. We ighing l ess than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, Michael McCreary

, consider safety as upm ost im portance with every flight. My s ma ll unm anned aircraft is designed to hover in place via GPS and operate in less than a 16 knot (17 mp h) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 14 knot (15 mph). Built in safety systems include
a GPS mode that allows my s UAS to hover in place when radio controls are released. With three modes to choose from, I utilize the GPS Mode4 for aerial photography and videography. This is the safest, most reliable and stable mode to prevent accidents and hazards. Wh en pilot communication is lost, the sUAS is designed to slowly descend to point of take

-off. I do not operate my

s UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within thirty to one hundred (30

- 100) yards depending on location, conditions and weather. I am constantly on alert for any m anned aircraft (Police/Medical helicopters, etc.) and prepared to land / abort immediately to the nearest and safest ground point should a manned aircraft approach m y location or I suspect manned aircraft may approach near my location. My sUAS is capable of vertical and horizontal operations, and are flown only within m y line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) mi nutes, with an altitude under two hundred (200) feet. I, Michael McCreary

, utilize a fresh fully c harged battery with each flight as a safety precaution; full flight time limit for each battery is twenty (20) to twenty

five (25) minutes as tested. I do not operate m y sUAS at or below the manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and sUAS to elim inate potential for crash, loss of control or hazards. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, which could create hazards to the public / property / ma nned aircraft, and have no desire to lose an investment. I have done scores ofpractice flights in remote areas as a hobbyist simulating flights for future commercial use to gain

fa mi liarization with the characteristics of this specific sUAS’s performance under different temperature and weather conditions. All for the sake of safety. I, Michael McCreary, am extremely cautious when operating of m y sUAS / unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my s UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national airspace s ystem. My, sUAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.



### IV. How Michael McCreary’s Request W ill Benefit the Public As A W hole: Aerial photography and has been around for a long time through manned fixed wing aircraft and helicopters. For small budget productions the expense of such aerial photography and videography is cost prohibitive. Only

l arger companies can afford to absorb such expense. Manned aircraft pose a threat to the public through the potential of a catastrophic crash. My, Michael McCreary 's, sUAS poses no such threat sincesize and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commercially fl own sUASs into the national airspace system, hence the passing of the Reform Act. Granting my, Michael McCreary’s, exemption request furthers the public interest through academic/visual awareness of the photography and videography fields throughout the Gra nd Rapids area. My ultra

- lightweights UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra

- lightweights UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial photography and videography captured through m y battery operated ultra

- lightweights UAS's. Permitting
me , to immediately fly within national air space furthers economic growth. Granting m y exemption request substantially furthers the economic impact for the local area for companies looking to use aerial photography and videography, both of which serve as a stimulus to the community.



### V. Reasons Wh y Michael McCreary’s Exemption W ill Not Adversely Affect Safety Or How The Exemption Wi ll Provide a Level of Safety At Least Equal To Existing Rule: My

, Michael McCreary’s, exemption will not adversely affect safety

. Quite the contrary, for the reasons stated permitting me to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for photographers and videographers for development in cooperation with the FAA. In addition I, Michael McCreary, submit the following representations of enhancements to current aerial photography/videography. My sUAS weighs less than 5 pounds complete with a small ultra

lightweight high quality camera; I only operate my s UAS below 400 feet (within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012); My s UAS only

o perates for ten (10) to twenty (20) mi nutes per flight; I land my s UAS prior to ma nufacturer recommended mi nim um l evel of battery power; I pilot m y sUAS through remote control only by visual line of sight; My sUAS has GPS, a flight safety feature whereby it hovers and then slowl y lands if communication with the remote control pilot is lost; I actively analyze flight data and other sources of information to constantly update and enhance safety protocols; I only

o perate in reasonably safe environment away from airports and areas with large groups of people; I conduct extensive pre

-flight inspections and protocol, during which safety carries primary im portance; I always obtain all necessary perm issions prior to operation; and, I have procedures in place to abort flights in the even t of safety breaches or potential danger. My

, Michael McCreary’s, safety protocols provide a level of safety equal to or exceeding existing rules. It isim portant to note that absent the integration of commercial sUAS into our national airspace s ystem,

hel icopters are the primary means of aerial photography and videography. W hile the safety record of such helicopters is remarkably astounding, there has been incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered sUAS. First, the potential loss of life is dim inished because sUASs carry n o people on board and I only operate my sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and thus the potential for fire or explosions is greatly dim inished. Third, the small size and extreme
ma neuverability of my

s UAS allow meto rem otely p ilot away

from and avoid hazards quickly a nd safely

. Lastly, given its small size and weight, even when close enough to capture am azing im ages, my s UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing panning, tilting and zooming. Accordingly, my s UAS has been experimentally operated for familiarization/competency and wi ll continue to operate at and above current safety levels.
VI. A Summary: The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, Michael McCreary’s, sUAS permits exem ption from Part 21 because my s UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My

, Michael McCreary’s

, current and projected sUASs meets or exceeds each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulatio n is inapplicable. B. C. D. E. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. 5 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 1016 7A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my s UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They a re inapplicable for the sam e reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Michael McCreary.14 C.F.R. § 45.23: Marking of the Aircraft.Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My sUASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain word s or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark the sUASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

-commercial operations. I can achieve an equivalent level of safety as achieved by current Regulations because m y s UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of m y sUAS is far less than the risk levels inherent in the commercial activities outli ned in 14 C.F.R. § 61, et seq. Thus,allowing me , Michael McCreary

, to operate my s UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My

s UAS will n ot operate at an altitude greater than 400 ’ AGL. I, Michael McCreary

, will however operate m y sUAS in safe areas away from pub lic and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my s UAS, an equivalent or higher level of safety will be achieved. 14 C.F.R. 91.4 05 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.The above

-cited Regulations require, am ongst other things, aircraft owners and operators to “have [the] 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. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Michael McCreary’s

, sUAS. However, as a safety precaution I thoroughly inspect my s UAS before and after each flight. The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my s UAS permits exe mption from Part 21 because my, Michael McCreary’s, sUAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed,
ma neuverability

a nd proximity

to areas such as airports and d ense populations. My s UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintain ing a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, ma intenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. In summary

, Michael McCreary seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F .R. §§ 91.417 (a) & (b) to commercially operate m y, Michael McCreary’s , small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and aerial photography and videography operations. Currently, area awareness and aerial photography and videography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting Michael McCreary’s , request for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. I have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual thatexceeds currently accepted means and methods for safe flight. Formal collecti on of information shared

with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. The re are no personnel on

- board m y sUAS and therefore the likelihood of death or serious bodily injury is significantly diminished. Michael McCreary’s operation of his sUAS, weighing less than 5 pounds and travelling at lower speeds within lim ited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Michael McCreary

, respectfully request that the FAA grant m y exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.
Respectfully submitted,
Michael McCreary

, Photographer / Videographer

6460 SWBessie St. Palm City, FL 34990