Mark Daily 

markcd1@cox.net 

August 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 and Part 11 of the Federal Aviation Regulations from: 

14CFRPart21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14CFR91.9(b) (2); 14 C.F.R. 

91.103; 14 C.F.R. 91.109; 14C.F. R. 91.119; 14 C.F.R. 91.121; 14CFR91.151 (a); 14 CFR 91.203 (a) & (b); 14 

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

Dear Sir or Madam: 

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

11, Mark Daily, operator of a small unmanned aircraft system ("sUAS") equipped to conduct aerial videography 

and photography for the real estate, travel, and commercial videography industry, hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of his sUAS, so 

long as such operations are conducted within and under the conditions outlined herein or as may be established 

by the FAA as required by Section 333. 

As described more fully below, the requested exemption would permit the operation of small, unmanned and 

relatively inexpensive sUAS under controlled conditions in the NAS that is 1) limited 2) predetermined 3) 

controlled as to access. Approval of this exemption would thereby enhance safety and fulfill 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." Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Mark Daily 

Cell: 602-361-4934 

Email: markcd1@cox.net 

8580 W. Berridge Ln, 

Glendale, AZ 85305 

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Regulations from which the exemption is requested: 

14 CFR Part 21 14C.F.R. 

45.23 (b) 

14CFR61.113(a)&(b) 

14C.F.R.91.7 (a) 14 CFR 

91.9(b) (2) 14 C.F.R. 91.103 

14 C.F.R. 91.109 14 C.F. R. 

91.119 14 C.F.R. 91.121 14 

CFR 91.151 (a) 14 CFR 

91.203 (a)&(b) 14 CFR 

91.405 (a) 

14 CFR 407 (a)(1) ..14 CFR 409 (a) (2) 14 CFR 417(a)&(b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of 

the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which 

types of sUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following: 

• The sUAS's size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated areas 

• Operation of the sUAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system." Id. §333(c) (emphasis added). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by 

its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUAS's, 

from the requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or 

(b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public 

interest. 49 U.S.C. §44701 (f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91 203(a) 

d). 

Mark Daily owns a 3D Robotics "Solo" quad craft, weighting 55 or fewer lbs. including payload. They operate, 

under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the 

vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within a 

predetermined and closed off property area under the permission of the property representative. 

Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the 

public. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system 

or the public" as per the Reform Act Section 333 (b). 
Given the small size of the sUASs involved and the restricted sterile environment within which they will operate, 

the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to 

the size of the sUASs and the restricted areas in which the relevant sUASs will operate, approval of the 

application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental 

impacts, including reduced emissions associated with allowing sUASs for movie and commercial videography 

operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant 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 at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the proposed operations are 

conducted on closed off property under the permission of the property owner or property representative. 

These limitations and conditions to which Mark Daily agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% 

battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an 

elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot, and the Visual Observer. 

6. sUAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to be qualified with the 

necessary skills to be PIC, that person can also be designated as PIC provided they have a minimum of 

40 hours of flight time with the sUAS. 

7. Flights will be operated at a lateral distance of at least 50 feet from any inhabited structures, buildings, 

vehicles, vessels, or people not associated with the operation or who have not signed a waiver in 

advance of the operation. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production 

activities. It will be mandatory that all personnel involved with the operational duties of the flight within the 

boundaries of the safety perimeter be present for this briefing. 

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9. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will 

be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent 

level of safety determination. With the advanced permission of the relevant FSDO, operations at closer range can be 

approved 

10. Pilot and observer will have been trained in operation of sUAS generally and received up-to-date 

information on the particular sUAS to be operated. 

11. The pilot Mark Daily holds an FAA Private pilot's certificate, airplane, single engine, land, and a valid 

Arizona driver's license. 

12. Observer and pilot will at all times be able to communicate by voice, radio, and/a text 

13. Written and/or oral permission from the relevant property holders or property representatives will be obtained. 

14. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local 

law enforcement, fire, or other appropriate governmental agencies. 

15. tf the sUAS bses communications or loses its GPS signal, the sUAS will have the capability to return to a 

pre-determined location within the Security Perimeter and land autonomously. 

16. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. 

14 C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be 

utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an 

analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft operations under 

this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with 

local public safety requirements. These safety enhancements, which already apply to civil aircraft operated in connection with 

motion picture and television production, provide a greater degree of safety to the public and properly owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to 

its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

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When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or 

light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light-sport," "experimental," or '"provisional," as applicable. 

Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance 

to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAV, two-inch 

lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29(f). 

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the 

pilot, observer and others working with the sUAS will see the identification of the sUAS as "Experimental." The FAA has issued 

the following 

exemptions to this regulation to Exemptions Nos. 10700,8738,10167 and 10167A 

14 C.F.R. § 61.113 (a) &(b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to norvcommercial operations. Because the sUAS will not carry a pilot or 

passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have no less than 40 hours of flight time with the sUAS. Unlike a conventional aircraft that carries the 

pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, as set 

forth in Sections J, L and Q, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2). Civil Aircraft Flight Manual in the Aircraft 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the 

aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. 

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because 

there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying 

the sUAS will have immediate access to it The FAA has issued the following exemptions to this regulation: Exemption Nos. 

8607,8737,8738,9299.9299A, 9565,9565B, 10167,10167A 10602,32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight 

14 C.F.R. §91.109: Flight instruction. 

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Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio communications. The 

FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and 

for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of 

the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

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

operated at less than the 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 sUAS 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 such operations. As set forth herein, 

the sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is 

used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated 

more than 100* 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, speed of the sUAS 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 aircraft or rotorcraft weighting far more 

than the maximum 55lbs. 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 

the movie industry. In addition, the low-altitude operations of the sUAS will ensure separation between these 

small- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

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 safety check list and live flight data monitoring, confirming the altitude of the launch site shown on 

the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

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 sUAS provides approximately 30 minutes of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. 

Given the limitations on the sUAS'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. 

Applicant believes 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 

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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. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of 

battery power—whichever happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

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 this 

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 sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no 

ability or place to carry certification and registration documents or to display them on the sUAS. 

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

pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. 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 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

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 Part43. 

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 and 

operating handbook. 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 sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator 

will ensure that the sUAS 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. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided 

in the Operations Manual, the operator will ensure that the sUAS is in working order prior to initiating flight and 

perform required maintenance needed. 

Additional Views and Information 

Of the applicant, Mark Daily is an FAA certified Private Pilot since 1988 with flight experience in single engine 

Cessna aircraft, single engine Beech aircraft and MD 520-N Notar helicopters. 

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Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b); 14 C.F.R. §§ 61.113( a) & (b);917(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

91.151 (a);91.203(a) and 

(b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55lbs or less) in motion picture, television, and 

commercial videography operations. 

Approval of exemptions allowing commercial operations of sUASs in the film industry will 

enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, 

operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity 

to people and structures; and present the risks associated with vehicles that weigh in the 

neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet 

helicopters.) Such aircraft must fly to and from the film location. In contrast, a sUAS weighing 

fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced 

mass and lack of combustible fuel carried on board. The sUAS is carried to the film set. The 

sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground but under 400 feet AGL, and in a sterile environment and, as a result, are far safer than 

conventional flight operations conducted with turbine helicopters operating in close proximity to 

the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property representative or 

owner's prior consent and knowledge. Filming will be of people who have also consented to 

being filmed or otherwise have agreed to be in the area where filming will take place. 

All flights will occur in accordance with any state or local laws regarding privacy. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line 

of sight and national security - provide more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of applicant's sUAS in the real estate, 

travel, and commercial videography industry. 

Sincerely, 

Mark Daily sUAS 

Pilot/Operator