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 FA A Modernization and Reform Act of 2012 (FMRA) to co nduct 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 considerat ion.

(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 limit ations: Pilot in command

• 14 CFR 91.103 - Preflight Actions

• 14 CFR 91.105 - Flight crewmembers at stations

• 14 CFR 91.109 - Flight instruction; Simulated inst rument 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 V isual Flight Rules (VFR) conditions

• 14 CFR 91.203 - Civil aircraft: certification requ ired

• 14 CFR 91.405 - Maintenance required

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

• 14 CFR 91.409 - Inspections

• 14 CFR 91.417 - Maintenance records

Any omission of specific sections of 14 CFR that ar e required for Section 333 exemption operation of a sUAS is
not intentional.

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

I am seeking relief under Section 333 in order to o perate two small unmanned aircraft systems (sUAS), namely a
DJI Phantom 2 drone and a DJI Phantom 3 Advanced dr one with a securely bracketed camera. These r/c dro nes 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 estat e, inspections, general photography, etc. I am no t 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



### Page 2 of 4 In general, the specific sections listed in above p aragraph (b) are not relative to the operation and flight of battery-driven, radio-controlled sUAS; they are mor e aligned with manned aircraft or much larger drone aircraft (e.g. over 55 pounds). However, I will summarize t he relief sought for each listed item:

• 14 CFR 21 - Certification procedures for products and parts Part 21 tends to pertain to manned aircraft as oppo sed 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. Aft er any parts are replaced, test flights will be saf ely
conducted until the sUAS is determined to be airwor thy according to the operating norms specified in t he user manual. sUAS employ a very simple design, unlike t he complexity of manned aircrafts, thus requiring P art 21. I seek relief from Part 21 for the Phantom 2 a nd 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 t he size of the aircraft it will be small and theref ore not as useful as it would be on manned aircraft or larger unmanned aircraft.

• 14 CFR 61.113 - Private pilot privileges and limit ations: 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 contro ls and systems are different and require unique spa tial 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 augm ent 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 ea ch flight according to the manufacturer’s recommendations.

• 14 CFR 91.105 - Flight crewmembers at stations This subsection pertains to manned aircraft as oppo sed to sUAS.

• 14 CFR 91.109 - Flight instruction; Simulated inst rument flight and certain flight tests This subsection pertains to manned aircraft as oppo sed to sUAS.

• 14 CFR 91.119 - Minimum safe altitudes: General I will not be flying the sUAS over 400 AGL therefor e, this subsection would not apply.

• 14 CFR 91.121 - Altimeter settings I will not be flying the sUAS over 400 AGL Therefor e, this subsection would not apply.

• 14 CFR 91.151 - Fuel requirements for flights in V isual Flight Rules (VFR) conditions The sUAS is battery powered and the charge of the b attery would not comply with the visual flight rule s for having an additional 30-45 minutes of 'fuel'. I wi ll comply with manufacturer's recommendations to en sure there is enough battery life to conduct the flight, return and land.

• 14 CFR 91.203 - Civil aircraft: certification requ ired This subsection requires posting of a certificate a t the cabin or cockpit entrance, for which the sUAS has none. Also, there is no fuel tank, and this aircra ft will not be operating in or near an airport. Th is 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 'sSection 333 Exemption David L. Maggiano September 13, 2015



### Page 3 of 4 manufacturer's recommendations.

• 14 CFR 91.407 - Operation after maintenance, preve ntative maintenance, rebuilding, and alteration While much of this subsection pertains to manned ai rcraft, any maintenance of the Phantom 2 or 3 drone s (sUAS) will be performed in accordance with the air craft's manufacturer's recommendations. Test flight s 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. Th e sUAS will be inspected by the pilot before and af ter 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. Main tenance 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 b een set to approve relief from these subsections fo r 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 benef it the public as a whole:

Aerial video/photography is becoming the norm in th e fields of real estate, construction, inspections, and a whole host of other industries. By granting this exempti on, you help provide the public with a much needed service that
is often times much safer and far less-intrusive th an previous methods before sUAS were available.

(e) The reasons why granting the exemption would no t adversely affect safety, or how the exemption wou ld provide a level of safety at least equal to that pr ovided by the rule from which you seek the exemptio n:

I am an Electrical Engineer by trade, and possess a private pilot's license with training towards aero batics and a
commercial instrument license. I have decades of e xperience flying radio controlled (r/c) aircraft an d augment that proficiency through the use of PC-based r/c si mulators. I also hold a Level 1 High Power Rocketr y Certification with experience following FAA specifi ed 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 exper ience with radio controlled aircraft, I am extremel y familiar with FAA rules and regulations. For the sUAS, I wi ll not fly above 400 ft AGL, will keep the sUAS wit hin 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 a pproved exemption.

(f) A summary we can publish in the F EDERAL R EGISTER

, stating: (1) The rule from which you seek the exemption; and (2) A brief description of the nature of the exempt ion you seek

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) to conduct Aerial Data Collection o f video and photography for real estate, inspections, marke ting, 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



### Page 4 of 4 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 thi s time.

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

Sincerely,

David L. Maggiano