David L. and Evelyn I. Maggiano 

1314 E. Beth Drive 

Phoenix, AZ 85042 

602-999-7567 

david.maggiano@yahoo.com

September 13, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption request under Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) to conduct Aerial 

Data Collection 

Dear Sir/Madam: 

I am requesting exemption under Section 333 of the FAA Reform Act to allow for aerial data collection, providing the 

following requested information for your consideration. 

(a) Your name and mailing address and, if you wish, other contact information such as a fax number, 

telephone number, or e-mail address: 

David L. Maggiano 

1314 E. Beth Drive 

Phoenix, AZ 85042 

602-999-7567 

david.maggiano@yahoo.com

(b) The specific section or sections of 14 CFR from which you seek an exemption: 

• 14 CFR 21 - Certification procedures for products and parts 

• 14 CFR 45.23 - Display of marks; general 

• 14 CFR 61.113 - Private pilot privileges and limitations: Pilot in command 

• 14 CFR 91.103 - Preflight Actions 

• 14 CFR 91.105 - Flight crewmembers at stations 

• 14 CFR 91.109 - Flight instruction; Simulated instrument flight and certain flight tests 

• 14 CFR 91.119 - Minimum safe altitudes: General 

• 14 CFR 91.121 - Altimeter settings 

• 14 CFR 91.151 - Fuel requirements for flights in Visual Flight Rules (VFR) conditions 

• 14 CFR 91.203 - Civil aircraft: certification required 

• 14 CFR 91.405 - Maintenance required 

• 14 CFR 91.407 - Operation after maintenance, preventative maintenance, rebuilding, and alteration 

• 14 CFR 91.409 - Inspections 

• 14 CFR 91.417 - Maintenance records 

Any omission of specific sections of 14 CFR that are required for Section 333 exemption operation of a sUAS is 

not intentional. 

(c) The extent of relief you seek, and the reason you seek the relief: 

I am seeking relief under Section 333 in order to operate two small unmanned aircraft systems (sUAS), namely a 

DJI Phantom 2 drone and a DJI Phantom 3 Advanced drone with a securely bracketed camera. These r/c drones 

will be used for aerial data collection in order to maintain a competitive edge in the area of aerial 

video/photography for such industries as real estate, inspections, general photography, etc. I am not seeking an 

exemption for any type of closed-set motion picture or television production at this time. 
Section 333 Exemption David L. Maggiano September 13, 2015 

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In general, the specific sections listed in above paragraph (b) are not relative to the operation and flight of 

battery-driven, radio-controlled sUAS; they are more aligned with manned aircraft or much larger drone aircraft 

(e.g. over 55 pounds). However, I will summarize the relief sought for each listed item: 

• 14 CFR 21 - Certification procedures for products and parts 

Part 21 tends to pertain to manned aircraft as opposed to lightweight, battery-operated sUAS. I will maintain 

the sUAS as per the manufacturer's user manual and replace any parts with those specifically made for the 

specific brand and type of sUAS being operated. After any parts are replaced, test flights will be safely 

conducted until the sUAS is determined to be airworthy according to the operating norms specified in the user 

manual. sUAS employ a very simple design, unlike the complexity of manned aircrafts, thus requiring Part 

21. I seek relief from Part 21 for the Phantom 2 and 3 drones. 

• 14 CFR 45.23 - Display of marks; general 

This subsection requires lettering/numbering larger than the Phantom 2 and 3 drones have room to 

accommodate, so I am seeking relief from displaying the size marks called for in this section. I will be happy 

to display an "N" number, if required, but due to the size of the aircraft it will be small and therefore not as 

useful as it would be on manned aircraft or larger unmanned aircraft. 

• 14 CFR 61.113 - Private pilot privileges and limitations: Pilot in command 

This subsection seems to pertain to manned aircraft. I do in fact have a private pilot's license for single 

engine land aircraft with over 400 hours of logged time however there are few similarities to flying a sUAS and 

a single engine manned aircraft. The flight controls and systems are different and require unique spatial 

orientation skills not necessary in manned aircraft. In addition to my private pilot’s license I have several 

decades of experience piloting R/C aircraft. I augment that experience with numerous hours of training on 

PC-based RC simulator software. 

• 14 CFR 91.103 - Preflight Actions 

Again, this subsection pertains to manned aircraft. I will inspect and test flight the sUAS before each flight 

according to the manufacturer’s recommendations. 

• 14 CFR 91.105 - Flight crewmembers at stations 

This subsection pertains to manned aircraft as opposed to sUAS. 

• 14 CFR 91.109 - Flight instruction; Simulated instrument flight and certain flight tests 

This subsection pertains to manned aircraft as opposed to sUAS. 

• 14 CFR 91.119 - Minimum safe altitudes: General 

I will not be flying the sUAS over 400 AGL therefore, this subsection would not apply. 

• 14 CFR 91.121 - Altimeter settings 

I will not be flying the sUAS over 400 AGL Therefore, this subsection would not apply. 

• 14 CFR 91.151 - Fuel requirements for flights in Visual Flight Rules (VFR) conditions 

The sUAS is battery powered and the charge of the battery would not comply with the visual flight rules for 

having an additional 30-45 minutes of 'fuel'. I will comply with manufacturer's recommendations to ensure 

there is enough battery life to conduct the flight, return and land. 

• 14 CFR 91.203 - Civil aircraft: certification required 

This subsection requires posting of a certificate at the cabin or cockpit entrance, for which the sUAS has 

none. Also, there is no fuel tank, and this aircraft will not be operating in or near an airport. This subsection 

would not apply for sUAS. 

• 14 CFR 91.405 - Maintenance required 

The maintenance of the Phantom 2 and 3 drones (sUAS) will be performed in accordance with the aircraft's 
Section 333 Exemption David L. Maggiano September 13, 2015 

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manufacturer's recommendations. 

• 14 CFR 91.407 - Operation after maintenance, preventative maintenance, rebuilding, and alteration 

While much of this subsection pertains to manned aircraft, any maintenance of the Phantom 2 or 3 drones 

(sUAS) will be performed in accordance with the aircraft's manufacturer's recommendations. Test flights will 

be performed in safe open areas after any scheduled or unscheduled maintenance. 

• 14 CFR 91.409 - Inspections 

Much of this subsection is for manned aircraft. The sUAS will be inspected by the pilot before and after every 

flight, according to manufacturer’s recommendations to insure safe operations at all time. 

• 14 CFR 91.417 - Maintenance records 

The sUAS does not require the amount of maintenance needed by a manned aircraft with all its many 

complex systems as this subsection indicates. Maintenance will be per the Phantom 2 and 3 drone's 

manufacturer's recommendation. If any maintenance is required by a third-party, receipts will be kept for a 

reasonable period of time. 

 

As a side note, it appears precedence has already been set to approve relief from these subsections for the use 

of sUAS for aerial data collection purposes such as being requested herein. 

(d) The reasons why granting your request would be in the public interest; that is, how it would benefit the 

public as a whole: 

Aerial video/photography is becoming the norm in the fields of real estate, construction, inspections, and a whole 

host of other industries. By granting this exemption, you help provide the public with a much needed service that 

is often times much safer and far less-intrusive than previous methods before sUAS were available. 

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which you seek the exemption: 

I am an Electrical Engineer by trade, and possess a private pilot's license with training towards aerobatics and a 

commercial instrument license. I have decades of experience flying radio controlled (r/c) aircraft and augment 

that proficiency through the use of PC-based r/c simulators. I also hold a Level 1 High Power Rocketry 

Certification with experience following FAA specified altitude waivers. I will be flying commercially available 

sUAS, namely a DJI Phantom 2 and a Phantom 3 drone with a securely bracketed camera and will abide by the 

user/system manual for recommended performance and maintenance (PDF copies included). 

With my background as a private pilot plus my experience with radio controlled aircraft, I am extremely familiar 

with FAA rules and regulations. For the sUAS, I will not fly above 400 ft AGL, will keep the sUAS within my line of 

sight, use a qualified visual operator, obey flight rules for operating near airports and no-fly zones, operate the 

sUAS in a safe manner so as not to endanger people or property, and comply with the conditions of an approved 

exemption. 

(f) A summary we can publish in the FEDERAL REGISTER, stating: 

(1) The rule from which you seek the exemption; and 

(2) A brief description of the nature of the exemption you seek 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) to conduct Aerial Data Collection of video 

and photography for real estate, inspections, marketing, and other photography needs using a sUAS.

(g) Any additional information, views or arguments available to support your request: 
Section 333 Exemption David L. Maggiano September 13, 2015 

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This request is similar in nature to other approved exemption requests, so precedence has been set.

(h) If you want to exercise the privileges of your exemption outside the United States, the reason why you 

need to do so: 

No requirements outside of the United States at this time. 

If you have any questions or need any additional clarification, please let me know. 

Sincerely, 

David L. Maggiano