Timothy Dacey

430 S. 166th Ave

Goodyear, AZ 85338

636-357-7864

timdaceyaz@gmail.com

July 9, 2015

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue, SE

West Building, Ground Floor Room W12-140

Washington, D.C. 20590

Dear Exemption Manager:

Introduction

I am submitting my petition for exemption from the Title 14 Code of Federal Regulation 

sections listed below in order to commercially operate small Unmanned Aircraft and 

Systems (UAS) pursuant to section 333 of the FAA Modernization and Reform act of 

2012. All flights will be flown by a PIC who holds an FAA Private Pilot Certificate.

UAS to be flown will be the DJI Phantom 3 and DJI Inspire 1 series platforms. Specific 

proposed limitations and conditions of flight will be outlined below. Safety of flight is the 

top priority and all aspects of training, UAS maintenance, communications, and pre-flight 

planning, flight execution will be strictly enforced.

14 CFR 45.23 (b)

 14 CFR 61.113 (a) (b)

14 CFR 91.7

14 CFR 91.9 (b) (2)

14 CFR 91.103 (1)

 14 CFR 91.119

 14 CFR 91.121

 14 CFR 91.151 (a)

14 CFR 91.203 (a) (b)

14 CFR 91.405

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) (b)
This exemption will allow Timothy Dacey to operate an Unmanned Aircraft System 

(UAS) for the commercial purpose of conducting line of sight aerial videography and 

photography including, but not limited to the following:

 Inspections of construction Sites and utility company infrastructures

 Agriculture

 Real Estate

 Sporting Events, Golf courses

 Search and rescue

 Roof and Solar panel inspections

Suggested Public Federal Registry

The petitioner is seeking an exemption to operate an unmanned aircraft system (UAS)

Under the new FAA “Summary Grant” approach announced April 15, 2015. 

It is my understanding that the FAA will still review each section 333 petition individually, 

however, I am hoping that the agency will accept my particular petition and include it in 

the next summary grant and issue me an exemption based on the presumption that the FAA 

has already granted a previous exemption similar request. 

Petitioner Background

My name is Timothy Dacey. I am the holder of Private Pilot Certificate # 2072283 and 

Ground Instructor Certificate (Advanced and Instrument) #498588015.

With my clear understanding of the FAA rules and regulations, awareness of airport 

operations, the national airspace system, restricted airspace, MOA’s, Prohibited areas and

TFR’s, I possesses the aeronautical knowledge required to safely operate UAS aircraft 

within the United States airspace system. 

Public Interest

The public interest will be served by granting Timothy Dacey a petition for exemption.

Timothy Dacey will be incorporating the DJI series of UAS Quadcopters for use in 

videography and photography services to clients.

Flight using the DJI series of Quadcopters have identifiable safety benefits that include 

reducing the costs, dangers and emissions associated with flying full size helicopters and 

fixed wing aircraft for videography and photography purposes. UAS platforms carry no 

fuel to ignite or explode, no airborne crew members, are cheaper to operate and add a 

greater degree of flexibility. The use of UAS platforms to perform this type of work will 

greatly reduce adherent risks to crew members of helicopters and fixed wing aircraft from 

engine failure, fire and mechanical issues. Zero fuel will be used as UAS are battery

operated. The public will be better served as there are also no environmental concerns.
Proposed limitations and conditions of UAS flights

 The UAS will weigh less than 10 lbs.

 Flights will be operated within visual line of sight of the pilot and spotter

 Flights will be operated at an altitude of no more than 400 feet AGL, although most 

flights will be between 50-100 feet AGL.

 Maximum total flight time for each flight will be 20 minutes. Flights will be 

terminated at 25% of battery reserve should that occur before 20 minute limit.

 Minimum two (2) man crew for each operation consists of the Pilot in Command 

(PIC) and spotter.

 The UAS Pilot in Command will be an FAA licensed airman with a Private Pilot 

certificate and third class medical or valid state driver’s license.

 The UAS will not enter any MOA, Restricted airspace or TFR as outlined by the 

FAA.

 A pre-flight briefing will be conducted in regard to the planned operation prior to 

each flight activity.

 Written or oral permission will be obtained from the relevant property owners prior 

to flight.

 If the UAS loses communications or GPS signal, the UAS will have the capability

to return to a pre-determined location and land

 The UAS will have the capability to abort any flight in case of unpredicted 

obstacles or emergencies.

Equipment and Operational Capability

I am planning on using the DJI Phantom 3 Professional and DJI Inspire 1 series UAS 

Quadcopter platforms. The following are some of the features.

1) Very lightweight with takeoff weights of less than 7 pounds

2) Flight times between 18-22 minutes. 25% battery remaining alert.

3) The DJI series of quadcopters are battery powered only and do not carry any fuel or 

propellant. 

4) The DJI series of quadcopters have an integrated GPS system that calculates the 

UAS’s position and height and relays that information to the operator.

5) The DJI series of quadcopters contain a failsafe mode that if its connection to the 

remote controller is lost, the system permits the UAS to return to a predetermined 

location and land without damage or injury to others.

6) State of the art electronics, cameras, controllers, and fail safe features.
Specific Sections Seeking Exemption

14 CFR 45.23 b

The regulation requires an N number and other specific markings from 2” to 6” on 

experimental or provisional aircraft. An exemption is requested from this section. Even 

though the UAS will have no airworthiness certificate and is very small (less than 10 lbs.)

We will mark in letters “experimental” of the appropriate size for the UAS.

14 CFR 91.9 (b) (2)

This section calls for a civil aircraft flight manual, markings and placards to be available in 

the aircraft. An exemption is requested for this section. The UAS given its size and 

configuration has no ability to carry a flight manual on the aircraft. We will maintain the 

equivalent level of safety by keeping the operating manual on site and available to the PIC 

at any time during the UAS operation.

14 CFR 91.103

Section (1) of pre-flight action calls for an approved flight manual to be available. An 

exemption is requested. As there in no approved flight manual on board, reference will be 

made to the UAS operating manual and we will maintain the required level of safety.

14 CFR 61.113 a & b

These regulations limit Private Pilots to non –commercial operations. Because the UAS 

will not carry a pilot or passengers and will be operated within limited areas and altitudes, 

the proposed operation can achieve a level of safety of current operations requiring the PIC 

operating the aircraft to have a Private License rather than a commercial license to operate 

this small UAS.

14 CFR 91.7 a

While the UAS platform will not have an airworthiness certificate, the airworthy condition 

of the UAS will be the responsibility of PIC.

14 CFR 91.119 c

This regulation establishes safe altitudes for operation of civil aircraft over areas other than 

congested areas. Timothy Dacey requests relief from this section with respect to persons 

involved as well as vehicles and structures. The UAS will not be operated above 400 feet 

AGL. It will be operated in defined areas where people, building and structures will not be 

exposed to operations without their written or oral consent.
14 CFR 91.121

This regulation requires each person operating an aircraft to maintain a cruising altitude by 

reference to an altimeter that is set to the elevation pf the departure airport or an appropriate 

altimeter setting available before departure. As the UAS does not have a barometric 

altimeter and exemption is requested. The UAS platform flight controller utilizes GPS 

equipment to determine and maintain altitude. The GPS is displayed on the operator video 

screen and provides sufficient information for the PIC to maintain altitudes at or below the 

400 feet AGL limitation.

14 CFR 91.151 a

This regulation prohibits an individual from beginning a flight in an airplane under VFR 

conditions unless there is enough fuel on board to fly to the first point of intended landing, 

and assuming normal cruise speed fly an additional 30 minutes during the day and 45 

minutes at night.

Since the UAS carries no fuel and approximately 20 minutes of battery power, an 

exemption is requested. The UAS flight is always conducted within line of sight and will 

terminate the operation when the battery reaches 25% remaining power.

14 CFR 91.405 a

14 CFR 91.407 a (1)

14 CFR 91.409 a (1) & (2)

14 CFR 91.417 a & b

The above regulations require that an aircraft owner or operator “shall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except provided in paragraph (c) of this section have discrepancies repaired as prescribed 

in part 43 of this chapter.

The above sections and part 43 apply to aircraft that possess an airworthiness certificate 

and these sections will not apply to UAS operations. An exemption is requested from this 

section. All maintenance will be performed by the operator per the maintenance manuals 

and recommendations by DJI which is the manufacturer of the UAS platform to be used. 

An equivalent level of safety will be accomplished by pre and post flight inspections. Any 

discrepancy or concern will be addressed and the flight canceled or discontinued.
Conclusion

This petition for exemption satisfies the criteria articulated in section 333 of the Reform 

Act of 2012 including UAS weight, speed, operating capabilities, proximity to airports and 

populated areas, operations by line of sight, safety and pilot qualifications. 

Granting this extension will benefit the public interest as a whole including increased 

safety, reducing risk by removing human exposure to danger, no environmental impact, 

improved customer services and cost savings. 

Sincerely,

Timothy Dacey