January 26, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), and 14 C.F.R. Part 

11, I, Ryan Daley, an operator of an Unmanned Aircraft System (“UAS”) seeks an exemption from the Federal 

Aviation Regulations (“FARs”) to allow commercial operation of a UAS, so long as such operations are conducted 

within the parameters and conditions described herein or as may be established by the FAA as required by Section 

333.

The requested exemption would support an application for a “blanket” commercial Certificate of Authorization 

(“COA”) permitting the commercial operation of a UAS, equipped with, but not limited to, camera(s), flight control, 

flight management systems, fail-safes, various sensors, and GPS. The requested exemption would permit the 

operation of a UAS under controlled conditions in the National Airspace System (“NAS”) that would be (1) 

Limited, (2) Predetermined, (3) Subject to controlled access, and (4) Provide greater safety in connection with 

aircraft operations. As established by previously granted exceptions, approval for this exemption would enhance 

safety and fulfill the Secretary of Transportation’s responsibility to “...establish requirements for the safe operation 

of such aircraft systems in the national airspace system.” - Section 333(c) of the aforementioned FAA 

Modernization and Reform Act of 2012. 

The requested exemption would permit the controlled commercial operation of a small UAS. The commercial 

manners in which the UAS will be operated include, but are not limited to:

 The production of aerial multimedia for public and/or private use including; Real estate, architecture, 

commercial and private land mapping / surveying, and to provide visual aid to engineering projects and 

tasks. 

 The production of aerial multimedia for public and/or private use including inspections of residential, 

commercial, and privately owned structures under contract with the owner or applicable governmental 

agencies. 

 The production of aerial multimedia for public and/or private use including television, public events, 

cinema, marketing, and news gathering. 

 The production of aerial multimedia for public and/or private use including special events and sporting 

events.

Applicant: 

Ryan Daley

997 Johnnie Dodds Boulevard

Mount Pleasant, SC 29464

(828) 361-7913

ryan.eastcarolina@gmail.com

Attachments: 

(1) DJI Phantom 3 Professional User Manual, (2) DJI Phantom 3 Professional Intelligent Flight Battery Safety 

Guidelines, and (3) DJI Phantom 3 Professional Safety Guidelines Disclaimer
The regulations from which the exemption is requested are as follows:

 14 CFR Part 21

 14 CFR 45.23 (b)

 14 CFR 45.29

 14 CFR 61.113 (a) & (b)

 14 CFR 91.7 (a)

 14 CFR 91.9 (b) (2)

 14 CFR 91.103

 14 CFR 91.109

 14 CFR 91.119

 14 CFR 91.121

 14 CFR 91.151

 14 CFR 91.203 (a) & (b)

 14 CFR 91.405 (a)

 14 CFR 407 (a) (1)

 14 CFR 409 (a) (1) & (2)

 14 CFR 417 (a) & (b)

Extent of relief and why:

14 CFR Part 21 -

The UAS is unable to transport passengers and is unable to carry a pilot on board. Since the UAS is battery powered, 

the device does not carry, nor is intended to carry, explosive materials or flammable liquids. Considering the nature 

and limitations of the device (size, weight, speed, and flight duration) an exemption is requested. The operation of a 

UAS considering the items discussed within this request effectively determine that the device in operation without 

an airworthiness certificate is at least as safe, as or safer than a conventional aircraft. 

14 CFR 45.23 (b) & 14 CFR 45.29 -

Considering the size of the UAS, the regulated lettering size of the N designation would be impossible. The request 

for the exemption is in regard to the size of the markings. The UAS will retain its N designation on-board however 

the sizing will be proportionate to the size of the device and plainly visible. 

14 CFR 61.113 (a) & (b) -

The UAS will not be transporting human cargo, thus the proposed use of the UAS can achieve equivalent or greater 

safety by requiring the pilot in charge of the UAS to have a minimum of 50 hours of flight time with the UAS that 

will be used in a commercial capacity. A UAS is unlike a standard aircraft in the sense that it operates with no 

operators in transport during operation. 

14 CFR 91.7 (a) -

As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no FAA regulatory 

standard will exist for determining airworthiness. Given the nature of the UAS, namely size and functionality, the 

completion of a pre-flight safety checklist will provide an equivalent level of safety.

14 CFR 91.9 (b) (2) -

Due to the size and cargo capacity of the UAS, it is not possible for the device to transport a flight manual. 

Additionally there is no pilot on board to transport a relevant flight manual. Considering these limitations, the flight 

manual will be available for immediate access at the ground-control point of the UAS under the management of the 

PIC and relevant crew. 

14 CFR 91.103 -

Since an FAA approved flight manual will not be provided for the aircraft, an exemption will be needed. The PIC 

will take all actions including flight planning, weather and environmental review, flight time requirements, ingress 

and egress distances, as well as aircraft health and performance data before flight initiation. A supplemental 

checklist that will be used by the PIC pre-flight is included within this document. 
14 CFR 91.109 -

The UAS in question does not have fully functional dual-operator controls. Flight control is accomplished 

leveraging a remote control management system that communicates to the UAS via radio signal. An equivalent level 

of safety is provided based on the fact that the UAS does not transport human cargo; additionally the danger is 

mitigated by the size and speed capabilities of the aircraft. 

14 CFR 91.119 -

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9-1.119 (d) allows helicopters to be 

operated at less than minimums prescribed, provided the person operating the helicopter complies with any route or 

altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 400’ AGL, or not more than 200’ above an elevated 

platform from which filming is planned, an exemption may be needed to allow for such operations. As set forth 

herein, the UAS will never operate at higher than 400’ AGL with the exception that in circumstances where the 

UAS is used to survey or photography a structure whose height exceeds 400’ AGL, the UAS will not be operated 

more than 200’ above the highest point on the structure. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner or local officials. Because 

of the advance notice to the property owner and participants in the filming activity, all affected individuals will be

aware of the planned flight operations. Compared to flight operations with the aircraft or rotorcraft weight fare more 

than 55 pounds, proposed herein and the lack of flammable fuel, any risk associated with these operations is far less 

than those presently presented with conventional aircraft operating at or below 500’ AGL. In addition, the lowaltitude operations of the UAS will ensure separation between these small UAS operations and the operations of 

conventional aircraft that musty comply with Section 91.119.

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, pursuant to the Manual and Safety Check list, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151 -

Section 91.151 (a) 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 UAS provides approximately 23 minutes of powered flight. To meet the 30-minute reserve 

requirement in 14 CFR §91.151, UAS flights would be not be possible. Given the limitations on the UAS’s 

proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or twilight VFR conditions is reasonable. I believe that an exemption from 14 CFR §91.151 (a) 

falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people 

and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes 

of reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the size 

and speed of the small UAS.

I believe that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 20% battery power, 

whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone 

from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemption Nos. 2689F, 5745, 10673, and 

10808.
14 CFR 91.203 (a) & (b) -

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of his 

section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 pounds and is operated without an onboard pilot. As such, there is no 

ability or place to carry certification and registration document or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the 

pilot flying the UAS will have immediate access to them; to the extent they are applicable to the UAS. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption 

Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b) -

These regulations 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 section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual, operating 

handbook, and pre-flight checklist at a minimum. 

An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a 

small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can 

land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manuals and preflight checklists the operator will ensure that the UAS is in working order prior to initiating flight, perform required

maintenance, and keep a log of any maintenance performed. 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.

If the aircraft is not deemed as airworthy after referencing the operating handbook, flight manuals, and pre-flight 

checklists the UAS will be repaired and inspected thoroughly prior to the next flight.

The applicant, Ryan Daley, is seeking relief and/or exemption from all aforementioned FARs that would otherwise 

prohibit the applicant from conducting safe and functional commercial UAS services for public and private 

consumption. 

Please reference the following section for details outlining the safety features and functionality of the primary UAS. 

UAS

The UAS in operation will be the DJI Innovations – Phantom 3 Professional. The flight-ready weight of the device 

is 1280 grams or 2.82lbs. This flight weight includes entire payload of flight structure and components, camera, 

gimbal, safety systems, sensors, and battery. The Phantom 3 Professional has a (1) max ascent speed of 11.2 mph or 

9.7 knots (2) max decent speed of 6.7 mph or 5.8 knots, and a (3) max lateral speed of 35.8 mph or 31.1 knots. The 

device will not exceed approximately 30 mph or 26 knots due to footage quality limitations except in situations 

where maximum speed is required to insure the safety and/or wellbeing of the public and/or the airspace. The

intelligent 4 cell battery on-board has a total capacity of 4480 mAH with a charged voltage measure of 

approximately 15.2 V. The intelligent battery allows the Phantom 3 Professional to operate under optimal conditions 

for approximately 23 minutes. Under the operation of the applicant, the battery will not be operated under 20% its 

maximum capacity to insure an appropriate amount of flight time is left for a safe landing. In certain situations, 

distance will be measured in accordance with flight time to insure that an appropriate amount of battery remains for 
the device to return to the landing area with a minimum of 20% battery life remaining to promote safe landing 

procedures.

The device contains on-board safety measures such as the following; On-board GPS flight tracking, automatic 

flight-log creation, constant live altitude measurements taken by the onboard GPS and a number of other sensors, 

LED lights representing the front and rear of the device. The device also has an automated “Return to home”

function, additional details outlined within the attachments mentioned previously, that will safety fly and land the 

device at the take-off location in the event of signal degradation or loss. These safety measures are to insure that the 

operator is in constant communication with the status of the UAS as well as its precise location, interrupted,

throughout the entire duration of the fight. The applicant will use the on-board altitude limiter to insure device 

operation remains under 399 ft. 

Additional UAS details available within the attached documentation previously mentioned. 

Additional Safety Measures

In addition to safe operation, the applicant will abide by, at a minimum the following pre-flight checks to insure the 

flight-readiness of the UAS as well as assess the overall safety of the flight. If safety measures are not met in 

completion, the flight will be terminated immediately until the pre-flight checklist is able to be completed in its 

entirety insuring safe operation. The pre-flight checklist is subject to additions to insure safety in all operation 

environments. The pre-flight checklist will include, at a minimum, the following:

ENVIRONMENTAL:

□ Check for people, animals, property in the flight vicinity.

□ Notify any bystanders or nearby property owner of your intentions.

□ Discuss flight plan with your check‐pilot

□ if flying in controlled airspace, notify airspace authority of your intentions.

□ First Aid / Safety Kit on hand, stocked, readily accessible, and visible to anyone in the area

□ Check weather forecast and evaluate flight conditions

HARDWARE / EQUIPMENT:

□ Cracks (especially in high stress areas like joints)

□ Loose or damaged screws / fasteners / bands / straps / ties

□ Loose or damaged wiring

□ Loose or damaged connections

□ Inspect prop mounts & screws & apply slight counter pressure on arms to check for loosened 

construction

□ Battery/batteries fully charged, properly seated & secured

□ Props are smooth and free of damage/defect (check blade, surface, & hub)

□ Tighten prop adapters (careful not to over tighten which may damage prop)

PRE‐FLIGHT:

□ Batteries charged & secured

□ Position UAS in a level, safe location for takeoff

□ All transmitter controls move freely in all directions

□ All transmitter trims in its neutral position

□ All transmitter switches in correct position (typically away)

□ Radio transmitter on

□ Ensure led indicators & audible tones are all correct

□ Check video feed and device status indicators

□ Scan for nearby people or animals

□ Stand clear ‐ audibly, loudly announce the word "CLEAR!"

□ Arm flight controller

□ Increase throttle slightly listening for any abnormalities

□ Short 20‐30 second hover at 3‐5 feet
Summary 

Pursuant to 14 CFT Part 11, the following summary is provided for publication in the Federal Register: 

The applicant, Ryan Daley, seeks exemption from the following regulations: 

14 CFR Part 21; 14 CFR 45.23 (b); 14 CFR 45.29; 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 

(b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151; 14 CFR 91.203 

(a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b) to 

operate a UAS in a commercial manner in regards to the following activities - The production of aerial 

multimedia for public and/or private use including; Real estate, architecture, commercial and private land 

mapping / surveying, and to provide visual aid to engineering projects and tasks; The production of aerial 

multimedia for public and/or private use including inspections of residential, commercial, and privately 

owned structures under contract with the owner or applicable governmental agencies; The production of 

aerial multimedia for public and/or private use including television, public events, cinema, marketing, and 

news gathering; The production of aerial multimedia for public and/or private use including special events 

and sporting events. 

Approval of the requested exemptions would provide aerial multimedia to the public in a much safer and less cost 

prohibitive manner. To accomplish an equivalent quality of Aerial footage, a typical aircraft would have to operate 

at extremely low altitudes. In addition to low altitude flying, traditional aircraft are often in excess of 4000lbs, carry 

human cargo and large amounts of flammable fuel, all while operating in close proximity to structures and humans. 

The alternative UAS weighs significantly less than 55lbs and is powered by batteries. Flight risk is minimized due to 

the fact that a typical UAS is able to be carried to the site of the operation, whereas the standard aircraft must be 

transported by manned flight. Safety is increased when compared to traditional aircraft due to the difference in size, 

weight, speed, manual and automated safety features, lack of on-board crew, and absence of fuel. 

The applicant, Ryan Daley respectfully requests exemptions / relief from the regulations specified previously under 

Section 333 to permit the commercial UAS operations for the uses mentioned above. Ryan Daley will respect, at all 

times, the airspace as well as the safety and privacy of the public. The applicant is familiar with all of the 

capabilities and safety concerns when operating a UAS in a commercial capacity. Satisfaction of the criteria 

provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of the applicant’s UAS for the purposes stated above. 

This request is able to be amended to satisfy any additional considerations and safety measures. Please contact me at 

any time regarding this application if you require clarification or supplementary information. 

Regards, 

Ryan Daley 

997 Johnnie Dodds Boulevard 

Mount Pleasant, SC 29464

(828) 361-7913

ryan.eastcarolina@gmail.com