12/16/2015

U.S. Department of Transportation, Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591

Brian Mullen

9 Maiden Lane

North Haven, CT 06473

Phone: 203-589-3004 / Email: Bmullen.wi@gmail.com

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 21 subpart H 14 CFR 45.23(b) 14 CFR 61.113(a) and (b) 14 CFR 91.7(a) 14 CFR 

91.9(b)(2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203 (a) and 

(b) 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) Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11.

Brian Mullen, operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of designated UAS, provided such 

operations are conducted within and under the conditions outlined herein or as may be established by the FAA 

as required by Section 333. Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would provide professional services in the following areas:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local 

government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of 

an emergency or natural disaster only when the local authorities or government has requested it by contract or 

donation. 

6. Training to persons individually or belonging to both private and/or public organizations to increase 

awareness and improve safety for current and future UAS operations within the NAS. 

As described fully below, the requested exemption would permit the operation of designated UAS as set forth in 

this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined 

and d) safe. Approval of this exemption would increase public awareness of UAS operations and enhance safety 

to aid in fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” I plan to operate a 

UAS, the DJI PHANTOM 3 Professional which is comprised of an unmanned aircraft (UA or Phantom 3) and a 

transportable ground station. The Phantom 3 is referred to as a quad-copter with a maximum gross weight of 
about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA 

has a maximum airspeed of 16 m/s. I also plan to operate a UAS, the DJI Inspire 1 which is comprised of an 

unmanned aircraft (UA or Inspire 1) and a transportable ground station. The Inspire 1 is referred to as a quadcopter with a maximum gross weight of about 6.5 pounds. It is equipped with four rotors that are driven by 

electric motors powered by batteries. The UA has a maximum airspeed of 22 m/s. Also, given the small size of 

the UAS’s involved and the restricted controlled environment within which they will operate, the applicant fits 

within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs 

and the controlled areas in which the relevant UASs will operate, approval of the application presents no 

national security issue. Given the following, the grant of the requested exemptions is clearly in the public 

interest: Brian Mullen proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for an exceptional 

level of safety to operations. These limitations and conditions to which Brian Mullen agrees to be bound when 

conducting commercial operations under an FAA issued exemption including:

1. The UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of operator. 3. Maximum 

total flight time for each operational flight will be 30 minutes. 4. Flights will be terminated at 15% battery power 

reserve. 4. Flights will be operated at an altitude of no more than 400 feet AGL 5. UAS operator will be trained 

and certified in the proper safety and operations of the UAS. 6. The UAS will only operate within a controlled 

area as defined in the Procedures. 7. The operator will post advisor notice around the controlled area. 8. The 

operator will have been trained in operation of UAS generally and received up-to-date information on the 

particular UAS to be operated as required. 9. If the UAS loses communications or loses its GPS signal, the UAS 

will have capability to return to a pre-determined location within the Security Perimeter and land. 10. The UAS 

will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and are prepared 

to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look 

forward to working with your office. Please contact us at any time if additional information or clarifications are 

needed. 

Sincerely,

Brian Mullen 

Phone 203-589-3004

Email: Bmullen.wi@gmail.com