Day Group, LLC

207 Inverness Trail

Richmond, KY 40475

Request for exemption to Section 333

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), 

and 14 C.F.R. Part 11, Day Group, LLC hereby applies for an exemption from the Federal 

Aviation Regulations (FARs) listed below to allow operation of our Unmanned Aircraft Systems 

(UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long 

as such operations are conducted with and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

The requested exemption would allow Day Group, LLC to pursue its commercial interests in 

providing services to consumers interested aerial data capture using small advanced UAS 

comprised of the DJI Phantom 2, 3, DJI S1000, and the DJI Inspire 1 in the following areas:

Conditions:

1. Operations requested for this exemption are limited to the DJI Phantom 3, DJI Inspire, & DJI 

S1000; all weighing less than 55 pounds including payload. 

2. Operations for the purpose of Aerial Data Collection, Aerial Photography. 

3. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder will use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than 

the maximum UA operating airspeed recommended by the aircraft manufacturer. 

4. The UA will be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

5. The UA will be operated within visual line of sight (VLOS) of the PIC at all times. This requires 

the PIC to be able to use human vision unaided by any device other than corrective lenses, as 

specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. 

6. All operations will utilize a visual observer (VO). The UA will be operated within the visual line 

of sight (VLOS) of the PIC and VO at all times. The VO will be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able 

to communicate verbally at all times; electronic messaging or texting will not be utilized during 

flight operations. The PIC will be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the duties 

required of the VO. 

7. The operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. 
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, will undergo a functional 

test flight prior to conducting further operations. Functional test flights will only be conducted by 

a PIC with a VO and must remain at least 500 feet from other people. The functional test flight 

will be conducted in such a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 

10. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection will account for all potential discrepancies, e.g. 

inoperable components, items, or equipment. If the inspection reveals a condition that affects 

the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for safe flight. 

11. The operator will follow the UAS manufacturer's maintenance; overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated will comply with all manufacturer safety bulletins. 

13. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the 

Federal government. The PIC will meet the flight review requirements specified in 14 CFR § 

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with safety, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours and currency will be logged in a manner consistent with 

14 CFR § 61.51(b). Training operations will only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations are considered nonparticipants, and the PIC will operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). Flights under 

special visual flight rules (SVFR) are will not be performed. 

16. The UA will not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport's management is obtained or otherwise 

permitted by a COA issued to the exemption holder. The letter of agreement with the airport 

management will be made available to the Administrator or any law enforcement official upon 

request. 

17. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 
18. If the UAS loses communications or loses its GPS signal, the UA will return to a predetermined location within the private or controlled-access property. 

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough available power for the UA to conduct the intended operation and to operate 

after that for at least five minutes or with the reserve power recommended by the manufacturer 

if greater. 

21. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request. 

22. The UA will remain clear and give way to all manned aviation operations and activities at all 

times. 

23. The UAS will not be operated by the PIC from any moving device or vehicle. 

24. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently 

protect nonparticipating persons from the UA and/or debris in the event of an accident. The 

operator will ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 feet of the UA, 

flight operations will cease immediately in a manner ensuring the safety of nonparticipating 

persons; and b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not present an undue 

hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons. 

25. All operations will be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

26. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS−80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

27. The UAS, the UAS PIC, and the UAS operations will comply with all applicable parts of 14 

CFR including, but not limited to, parts 45, 47, 61, and 91. 

Day Group, LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 
Day Group, LLC requests to commercially operate an Unmanned Aircraft System (UAS) for the 

purpose of conducting aerial video and photography over certain areas of the United States. 

There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications 

described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel. The UAS operation 

enabled by this exemption is in the public interest and will benefit the public as a whole and will 

not adversely affect safety. 

Operations of this UA will be in accordance with all manufacturers specifications and in strict 

adherence to the NPRM part 107 rules and regulations put forth for future UA integration into 

the national airspace system. 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

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

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F .R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F .R. 91.215 

14 C.F.R. (91.401 - 91.417)