July 17, 2015

Dennis A. McDaniel

1301 Echo Trail 

Watkinsville, GA 30677

Mobile: (706)372-5106

Email: dennis@dennismcdaniel.com

Federal Aviation Administration:

I, Dennis McDaniel, am writing pursuant to the FAA Modernization and Reform Act of

2012 and the procedures contained within 14 C.F.R. 11, to request that I, Dennis McDaniel, an

owner and operator of small unmanned aircraft, be exempted from the Federal Aviation

Regulations (“FARs”) listed below so that I, Dennis McDaniel, may operate a small ultra light

weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal

Aviation Administration (“FAA”) in accordance with FAA UAS Regulations & Policies.

I would like to formally submit for an exemption from the following Section 333 

regulations: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a),

14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.103(b), C.F.R. 14 91.105, C.F.R. 91.119(c), 14 C.F.R.

91.121, 14 C.F.R. 91.151(a)(1), 14C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R.

91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b). To operate DJI’s

UAS: Phantom 2, along the guidelines of the accompanying DJI Phantom 2 Operator’s

manuals. This UAS will be equipped with detachable cameras and will be transported in proper

storage. This proposed exemption would allow me operation of unmanned aircraft systems

(UAS) for the purpose of aerial videography/photography as a service to the public/business

interests. As found in exemption No. 11138 (Trudeau), the FAA recently approved similar use

of a Phantom 2 UAS.

This device was selected because it has proven reliable flying capabilities managed

by gyro stabilized flight, ground detection, GPS aided navigation, a compass, blinking

LEDs, failsafe mode for returning home and prop guards. This will act to further safety

protocols exclusive to lightweight UAS specific to video and photography usage as I,

Dennis McDaniel, record flight data and other information gained through permitted flight

operations to share with the FAA through any required FAA reports to assists with future

protocol and safety regulations.
Specific Sections from which an Exemption is Sought

14 C.F.R. § 91.203 Civil Aircraft: Certifications Required Part 21 Subpart H:

Airworthiness Certificates

(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. Each U.S. airworthiness 

certificate used to comply with this sub paragraph (except a special flight permit, a copy

of the applicable operations specifications issued under §21.197(c) of this chapter, 

appropriate sections of the air carrier manual required by parts 121and 135 of this chapter 

containing that portion of the operations specifications issued under §21.197(c),or an 

authorization under § 91.611) must have on it the registration number assigned to the 

aircraft under part 47 of this chapter.

However, the airworthiness certificate need not have on it an assigned special 

identification number before 10 days after that number is first affixed to the aircraft. A 

revised airworthiness certificate having on it an assigned

special identification number, that has been affixed to an aircraft, may only be obtained 

upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within 

the United States, the second copy of the Aircraft registration Application as provided for 

in § 47.31(c), or a registration certification issued under the laws of a foreign country.

(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.

(c) No person may operate an aircraft with a fuel tank installed within the passenger

compartment or a baggage compartment unless the installation was accomplished 

pursuant to part 43 of this chapter, and a copy of FAA Form 337 authorizing that

installation is on board the aircraft.

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport

in the United States unless it complies with the fuel venting and exhaust emissions

requirements of part 34 of this chapter

Basis for Request for Exemption

FAR §91.203 (a) (1) requires the establishment of a process for the granting of

airworthiness certificates. The process for obtaining an airworthiness certificate is provided for 

in 14 C.F.R., Subpart H, titled Airworthiness Certificates. The UAS proposed to be operated 

here, the DJI Phantom 2, is manufactured without the capacity to carry documents, is sold 

without Airworthiness Certificates, does not have cabin doors nor sufficient space to apply 

placards and does not contain or carry fuel. As the UAS is always within sight of the Pilot In 

Command (PIC), an equivalent level of safety can be achieved by the PIC communicating 

pertinent information to Visual Observers (VOs).

The small size of the UAS and limited perimeter of the secured operations area allow for 

an equivalent level of safety as envisioned in Part 11 and Section 333 of the reform act. The 

FAA is permitted to exempt aircraft from the airworthiness certificate requirement as provided

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

exemption may be permitted after consideration of the size, weight, speed, operational 
capability, distance from airports and amount of persons near areas of operation. A careful 

consideration of these factors makes it clear that a UAS, lacking an airworthiness certificate, 

but, implementing the proposed conditions and restrictions, can operate just as safe if not safer 

than conventional aircraft with an airworthiness certificate.

The UAS weighs less than 55 lbs with a full load and cannot carry a pilot or hold any 

passengers. The UAS does not carry fuel or any other explosive or flammable liquids, and will 

only be operated within a secured zone. The UAS operation does not pose a threat to the national 

security of the United States, or any locality found within or without the United States. The 

purpose of the operation of the UAS is to obtain aerial videos/photographs as a service to the

public/business interests and is not intended in any way for hostile acts. The size, speed, area of 

operations, absence of flammable gasoline or other combustible liquids and limitations on 

payload weight present no credible threat to the United States. Additionally, there is no threat to 

National Airspace System (NAS) or national security as the Operating Manuel (OM) clearly

defines limits that the aircraft cannot be operated within four (4) miles of any airport.

Given the size and limited operating area associated with the aircraft to be utilized by

the PIC, an exemption from Part 21 meets the requirements of an equivalent level of safety

under Part 11 and Section 333 of the reform Act. In all cases, an analysis of these criteria

demonstrates that the UAS operated without an airworthiness certificate, in the restricted

environment and under the conditions I, Dennis McDaniel proposed will be at least as safe,

or safer, than conventional aircraft operating with an airworthiness certificate without

restrictions and conditions proposed.

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

(a) Each operator of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in the marks displayed must 

also be a Roman capital letter.

(b) 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.

Basis for Request for Exemption

An exemption is requested, or in the alternative, a finding that §45.23(b) does not apply

as the UAS involved will not be issued experimental certificates. The UAS in use has no cabin, 

nor entrance to the cabin, and no cockpit or pilot station on which the word “experimental” could 

be placed. Further, due to the small size of the UAS, two-inch lettering will wrap around the 

fuselage making the lettering unreadable and frustrating the purpose of the rule. An equivalent 

level of safety is achieved by placing a Roman Capital letter “N” (denoting United State 

registration) followed by the word "Experimental" on the fuselage in compliance with §45.29(f) 

in a manner which is readable by the pilot and ground crew during pre-flight inspection. 

Similarly, the word "Experimental" is prominent in the OM.
14 C.F.R. §61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds

a private pilot certificate may act as pilot in command of an aircraft that is carrying

passengers or property for compensation or hire; nor may that person, for compensation

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft

in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire

Basis for Request for Exemption

Relief from certain requirements of Section §61.113(a) and (b), entitled Private pilot 

privileges and limitations: To the extent necessary to allow a Pilot in Command (PIC) holding a 

private pilot or higher level certificate, as well as an airman medical certificate, and who has 

demonstrated, by meeting minimum flight-hour and currency requirements is requested. The 

training and knowledge required for Commercial pilots of conventional aircraft would not 

necessary make a Commercial pilot safe to operate a UAS. Here, the risk to the public is 

mitigated because the small size of the UAS prevents carrying a pilot or passengers or any cargo 

other than a camera. As Pilot In Command (PIC), Visual Observer (VO) and crew will always 

remain on the ground, the level of safety is thereby greater than what can be achieved in 

traditional aircraft. 

The FAA has previously declared that additional manned airship experience of a 

commercially certified pilot would not correlate to the airmanship skills necessary for similarly

proposed operations in previously issued exemptions to this regulation through Exemption Nos. 

11062 and 11138. Granting exemption here will permit UAS operation and will mitigate 

potential hazards to the public without being unduly burdensome to the operation of the UAS. 

Therefore, exemption from 14 C.F.R. §61.113 to allow commercial operation of the UAS is 

sought. 

I, Dennis McDaniel, the PIC, am able to safely operate the DJI Phantom 2 UAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. I, Dennis 

McDaniel requests an exemption from the limitations of §61.113 as an equivalent level of safety 

can be achieved through extensive flight experience in piloting the UAS.

14 C.F.R §91.7: Civil aircraft airworthiness

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

when unairworthy mechanical, electrical, or structural conditions occur.

Basis for Request for Exemption

As no such certificates exist for UASs and because the DJI Phantom 2 does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Currently, since there 

is no certificate applicable to the UAS being operate, this regulation is inapplicable. As such, I, 

Dennis McDaniel submit that I will ensure that the DJI Phantom 2 is in an airworthy condition, 
prior to every flight, by determining that the UAS is in compliance with the operating documents 

(DJI Phantom 2 Instruction Manual), and that the aircraft is in a condition for safe flight. 

14 C.F.R. §91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

(a) Except as provided in paragraph (d) of this section, no person may operate a civil 

aircraft without complying with the operating limitations specified in the approved 

Airplane or Rotor craft Flight Manual, markings, and placards, or as otherwise prescribed 

by the certificating authority of the country of registry.

(b) No person may operate a U.S.-registered civil aircraft—

(1) For which an Airplane or Rotor craft Flight Manual is required by § 21.5 of this 

chapter unless there is available in the aircraft a current, approved Airplane or Rotor craft 

Flight Manual or the manual provided for in § 121.141(b); and

(2) For which an Airplane or Rotor craft Flight Manual is not required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotor craft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof.

Basis for Request for Exemption

Relief is requested from 14 C.F.R. §91.9 (b)(2) which requires an aircraft flight manual in 

the aircraft, however there are no pilots or passengers on board this aircraft and given its size, 

this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a 

safety/flight manual with the operator. I, Dennis McDaniel will retain safety/flight manuals and 

all applicable materials as provided by the manufacturer and maintained by the PIC on site 

during flight operations. 

14 C.F.R. § 91.103(b) Pre-flight Action

Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include—

(a) (Omitted as it applies to IFR flight)

(b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotor craft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing distance 

data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under

(3) expected values of airport elevation and runway slope, aircraft gross weight, and wind 

and temperature.

Basis for Request for Exemption

Exemption is sought to the extent the rule requires the PIC to have runway data because 

the proposed UAS uses Vertical Take-off and Landing (VTOL) and will not be operated within 

four (4) miles of any public airport. An equivalent level of safety and public benefit is achieved 

by the comprehensive flight planning and communications with on site.
14 C.F.R. § 91.105 Flight Crewmembers at Stations

(a) During takeoff and landing, and while en route, each required flight crewmember 

shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in 

connection with the operation of the aircraft or in connection with physiological needs; 

and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during 

takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned 

duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder 

harness fastened.

Basis For Request for Exemption

Exemption is sought as the UAS has no ability to carry pilot or crew, and thereby has no 

seats, seat belts, or crew stations. An equivalent level of safety can be achieved by the PIC

always having positive control of the remote control and maintaining visual line of sight (VLOS)

with the UAS at all times. Should the pilot become physiologically unable to continue as PIC, 

the UAS has a “Return Home and Land” override function that will return it to a predeturmined 

location.

14 C.F.R. §91.119(c): Minimum safe altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes:

(a)Anywhere. An altitude allowing, if a power unit fails, an emergency landing without

undue hazard to persons or property on the surface.

(b)Over congested areas. Over any congested area of a city, town, or settlement, or over

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle

within a horizontal radius of 2,000 feet of the aircraft.

(c)Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure.

(d)Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b)

or (c) of this section, provided each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the

minimums prescribed in paragraph (c) of this section.
Basis for Request for Exemption

This request for exemption asks for the submitted UAS to be permitted to operate at 

altitudes up to 400 AGL. All operations will occur in a pre secured area where all persons and 

property present will have given their informed consent. The location, size, weight and speed of 

the UAS provides for an equivalent level of safety. Conventional aircraft flying below 500 AGL 

present a much greater risk to persons and property than the small UAS operating at the same 

altitude. Risks to conventional aircraft that are not applicable to UAS include combustible fuel 

and large payloads. The low altitude will actually create an unintended buffer between UAS

operating below 400 AGL and conventional aircraft operating above 500 AGL as required by

Section 91.119.

Further protections equivalent to minimum safe altitudes are created because, in the event 

of low-battery power, loss of communication or interference with communication between the 

remote control and the aircraft, on-board safety programs will automatically land the UAS at a 

predetermined safe area. Normal operations will be less than 400 feet AGL and risk to the public 

and/or private property will be significantly reduced compared to film and photography 

operations with traditional aircraft or helicopters. For example, a Bell 206 Helicopter has an 

approximate rotor diameter of thirty-three (33) feet and a gross weight of approximately threethousand (3,000) pounds. The UAS proposed here has a total rotor area of less than two (2) feet 

and weight less than seven (7) pounds. As such the risk to persons and property is drastically 

reduced. Moreover, the UAS will not carry fuel, flammable material, or hazardous cargo that 

would pose a hazard to persons on the ground. 

Section 91.119(c) provides that no aircraft shall operate within 500 AGL of any “person, 

vessel, vehicle or structure”. Due to the commercial filming and photographic nature of the 

UAS’s operations, I, Dennis McDaniel request operations be permitted from much closer 

distances. This would all take place in accordance with pre flight safety procedures. The 

operations manual provides that all persons within 100ft must give their consent to be present 

and that such permission may be reduced to 30ft with enhanced safety procedures in place in 

addition to the mandatory safety briefing involving all persons including the PIC. Filming or 

Photographing with a UAS instead of manned helicopters provides an increased level of safety to 

the public and the crew working on the location.

I, Dennis McDaniel will ensure that UAS do not operate any higher than 400 feet at 

ground level. I will not fly over congested areas. I will plan operations before hand, for proper 

flight safety, and proper height analysis as to avoid collisions.

14 C.F.R. §91.121: Altimeter settings 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(I) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure; or

(2) At or above 18,000 feet MSL, to 29.92′′ Hg.
(b) The lowest usable flight level is determined by the atmospheric pressure in the area of 

operation as shown in the following table: (additional Tables Omitted)

Basis for Request for Exemption

An exemption is sought as the UAS proposed is manufactured without an altimeter or 

two-way communications radio. An equivalent level of safety is achieved through on-board 

systems and GPS sensors which couple with a geomagnetic compass to act as a barometric 

altimeter for stability and accuracy of flight. Information about the height of the UAS above 

ground level is displayed to the Pilot in Command at all times. An additional element of safety is 

achieved through the PIC maintaining visual line of sight at all times. 

I, Dennis McDaniel will utilize the UAS’s electronic GPS with a geomagnetic compass 

as a barometric sensor. An equivalent level of safety will be achieved by using this and by 

maintaining VLOS with UAS during flight.

14 C.F.R. §91.151(a)(1): Fuel Requirements for flight in VFR conditions

(a) No person may begin 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.

(b) No person may begin a flight in a rotor craft 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, to fly after that for at 

least 20 minutes.

Basis for Request for Exemption

An exemption is sought as the DJI Phantom 2 UAS can only operate for 30 minutes total, 

before landing and replacing their batteries. Allowing UAS operations until battery life has 

reached 20% of its full strength will ensure an equivalent level of safety compared to 

conventional aircraft operations with 30 minutes extra fuel. The UAS is set to automatically

return to a pre determined landing spot in the case of emergency and this can be accomplished 

very quickly. Conventional aircraft generally have less flexibility for landing than a small 

lightweight UAS.

An equivalent level of safety is achieved by implementation of a minimum battery life 

requirement rather than minimum fuel requirement. As a precaution all flights will be terminated 

before the battery reaches a minimum of 20%. An equivalent level of safety can be achieved as 

to the reserve battery power requirements proposed are comparable to the reserve fuel 

requirements in §91.151. 

The UAS that I, Dennis McDaniel will fly is powered by electricity, using lithium 

polymer batteries that currently has a flight limit of approximately no more than 30 minutes.

Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 

91.151.
14 C.F.R. §91.203(a) and (b): Civil aircraft: Certifications required

(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. Each U.S. airworthiness 

certificate used to comply with this sub paragraph (except a special flight permit, a copy

of the applicable operations specifications issued under §21.197(c) of this chapter, 

appropriate sections of the air carrier manual required by parts 121 and 135 of this 

chapter containing that portion of the operations specifications issued under §21.197(c),or 

an authorization under § 91.611) must have on it the registration number assigned to the 

aircraft under part 47 of this chapter. However, the airworthiness certificate need not 

have on it an assigned special identification number before 10 days after that number is 

first affixed to the aircraft. A revised airworthiness certificate having on it an assigned 

special identification number, that has been affixed to an aircraft, may only be obtained 

upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within 

the United States, the second copy of the Aircraft registration Application as provided for 

in § 47.31(c), or a registration certification issued under the laws of a foreign country.

(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.

(c) No person may operate an aircraft with a fuel tank installed within the passenger 

compartment or a baggage compartment unless the installation was accomplished 

pursuant to part 43 of this chapter, and a copy of FAA Form 337 authorizing that 

installation is on board the aircraft.

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport 

in the United States unless it complies with the fuel venting and exhaust emissions 

requirements of part 34 of this chapter.

Basis for Request for Exemption

An exemption is requested as the Pilot in Command of the UAS will have an Operational 

Manual which includes all documentation, safety information, and warnings required for safe 

operation of the UAS. The UAS proposed to be operated here is manufactured without the 

capacity to carry documents, is sold without Airworthiness Certificates, does not have cabin 

doors nor sufficient space to apply placards and does not contain or carry fuel. As the UAS is 

always within sight of the PIC, an equivalent level of safety can be achieved by the PIC having 

the OM during flight operations and by continuously communicating pertinent information to 

Visual Observers (VOs).

Currently, there are no procedures for providing airworthiness certificates for the 

mentioned UAS. I, Dennis McDaniel, however will always fly safely while having the manuals 

of the DJI Phantom 2 on site during flight operations.
14 C.F.R. §91.405(a): Maintenance Required,

Each owner or operator of an aircraft—

(a)Shall have that aircraft inspected as prescribed in sub part 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;

(b)Shall ensure that maintenance personnel make appropriate entries in the aircraft 

maintenance records indicating the aircraft has been approved for return to service; 

(c)Shall have any inoperative instrument or item of equipment, permitted to be 

inoperative by §

91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required 

inspection; and

(d)When listed discrepancies include inoperative instruments or equipment, shall ensure 

that a placard has been installed as required by §43.11 of this chapter.

Basis for Request for Exemption

An exemption is requested as the UAS does not have specific maintenance instructions. 

Therefore, the PIC will be responsible for inspection after maintenance, overhaul, or 

replacement, and monitoring for life limit requirements of actuators or servos, motors, propellers, 

electronic speed controller and flight control unit, batteries, remote control and any other 

components as determined by the PIC. The PIC will be responsible for inspecting the UAS prior 

to each flight and determining fitness for flight after maintenance. An equivalent level of safety 

to §91.405 will be achieved by thorough pre-flight inspections and records of all maintenance or 

repairs being kept. Because I, Dennis McDaniel am the person most familiar with the aircraft and 

best suited to maintain the aircraft, an equivalent level of safety will be maintained and the UAS 

kept in an airworthy condition. 

14 C.F.R. §91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, 

or alteration,

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter; and

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this 

chapter has been made.

(b) No person may carry any person (other than crew-members) in an aircraft that has 

been maintained, rebuilt, or altered in a manner that may have appreciably changed its 

flight characteristics or substantially affected its operation in flight until an appropriately 

rated pilot with at least a private pilot certificate flies the aircraft, makes an operational 

check of the maintenance performed or alteration made, and logs the flight in the aircraft 

records.

(c) The aircraft does not have to be flown as required by paragraph (b) of this section if, 

prior to flight, ground tests, inspection, or both show conclusively that the maintenance, 

preventive maintenance, rebuilding, or alteration has not appreciably changed the flight 

characteristics or substantially affected the flight operation of the aircraft.
Basis for Request for Exemption

An exemption is requested from §91.407 as there are currently no persons authorized 

under §47.7 to service the UAS. As with the request for exemption under §91.405, an equivalent 

level of safety will be achieved thorough pre-flight inspections and records of all maintenance or 

repairs being kept by PIC. Further, I, Dennis McDaniel am the person most familiar with the 

aircraft and best suited to maintain the aircraft and perform post-maintenance, pre-flight 

inspections and ground tests to confirm that the flight characteristics of the UAS have not been 

substantially affected after maintenance.

14 C.F.R. §91.409(a)(1) and (2): Inspections 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. No inspection performed under paragraph (b) of this section may be 

substituted for any inspection required by this paragraph unless it is performed by a 

person authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records.

(b) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

carrying any person (other than a crewmember) for hire, and no person may give flight 

instruction for hire in an aircraft which that person provides, unless within the preceding 

100 hours of time in service the aircraft has received an annual or 100-hour inspection 

and been approved for return to service in accordance with part 43 of this chapter or has 

received an inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter. The 100-hour limitation may be exceeded by not more than 10 

hours while en route to reach a place where the inspection can be done. The excess time 

used to reach a place where the inspection can be done must be included in computing the 

next 100 hours of time in service.

(c) Paragraphs (a) and (b) of this section do not apply to—

(1) An aircraft that carries a special flight permit, a current experimental certificate, or a 

light-sport or provisional airworthiness certificate;

(2)An aircraft inspected in accordance with an approved aircraft inspection program 

under part 125 or 135 of this chapter and so identified by the registration number in the 

operations specifications of the certificate holder having the approved inspection 

program;

Basis for Request for Exemption

An exemption is sought from §91.409 for reasons similar to those articulated in the 

requests for exemption from §91.407 and §91.405 above. There are currently no persons 

authorized under §47.7 to service or inspect UASs, but an equivalent level of safety will be 

achieved by the PIC making thorough pre-flight inspections and keeping records of all 

maintenance and/or repairs. As above, post-maintenance pre-flight inspections and ground tests 

will be conducted to confirm that the flight characteristics of the UAS have not been 

substantially affected.
14 C.F.R. §91.417 (a) and (b): Maintenance records

(a) Except for work performed in accordance with §§91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 

100-hour, annual, progressive, and other required or approved inspections, as appropriate, 

for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance 

of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return 

to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required 

to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last 

inspection

required by the inspection program under which the aircraft and its appliances are 

maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date 

when the next action is required.

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

(c) The owner or operator shall make all maintenance records required to be kept by this 

section available for inspection by the Administrator or any authorized representative of 

the National Transportation Safety Board (NTSB). In addition, the owner or operator 

shall present Form 337 described in paragraph (d) of this section for inspection upon 

request of any law enforcement officer.

(d) When a fuel tank is installed within the passenger compartment or a baggage 

compartment pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept 

on board the modified aircraft by the owner or operator
Basis for Request for Exemption

Exemption is sought from §91.417 to the extent the rule requires a certificated person to 

perform work under §91.417(a)(1)(iii), compliance with Airworthiness Directives under subsection (a)(1)(v), and/or copies of alteration forms under (a)(1)(vi). An equivalent level of safety 

will be achieved by the PIC keeping maintenance logs and documentation in the Operating 

Manual.

These regulations are for conventional aircraft with airworthiness certificates and are 

therefore incompatible with the operations of a UAS. The UAS operator is the best suited person

to perform maintenance on the UAS. This is because I, Dennis McDaniel have specialized 

knowledge about the components that a typical aviation inspector would lack. Moreover, the 

size, payload, location restrictions and height limits allow for an equivalent level of safety. 

Maintenance shall be performed on a daily basis and documentation of maintenance activities 

will be kept. Furthermore, I, Dennis McDaniel, will perform preflight inspections of the UAS 

before each flight as outlined in the operating documents. I, Dennis McDaniel, will also follow 

manufacturer recommendations from said operating documents.

Why Granting the Exemptions would be in the Public Interest:

Generally, aviation activity is in the public interest when it is regulated, predictable and 

has a material positive impact on society. The exemptions requested here would allow for aerial 

videos and photographs pursuant to existing FAA regulations. Granting the requested 

exemptions will give the public access to the process of aerial cinematography and photography

and the products which are the result of those endeavors. In the past the public had access to 

aerial cinematography and photography only through hiring a conventional helicopter, airplane, 

or other mechanism which, by their nature, are larger than a UAS, require liquid fuel, travel at 

much higher speeds, and have a greater potential to negatively impact more people in the event 

of an incident or accident. Here all aspects of flight including pilot training and check-out, site 

evaluation, mission planning, contact with the appropriate FSDO as needed, pre-flight 

inspections, crew briefings and site security during flight operations will ensure a level of safety

to the public equivalent, or higher than that provided in current rules. As such the public will 

benefit from safe UAS operations as will setting measures to safely integrate UASs into the 

NAS. 

Aerial photography and videography as an available service to the public allows for

a cheaper method to capturing imagery than its alternative. The alternatives, aircraft and 

helicopters, are expensive, create lots of noise, pollution and are much more threatening

due to size and combustible fuel.

Also as mentioned in the Trudeau exemption, exemption No.11138:

““Manned aircraft conducting aerial filming and photography can

weigh 5,000 lbs. or more, are operated by an onboard pilot and

may carry other onboard crewmembers, as well as 100 gallons or

more of fuel. The petitioner’s [sUAS] weighs less than 3 lbs. The

pilot and crew will be remotely located from the aircraft. The

limited weight reduces the potential for harm to persons or

damage to property in the event of an incident or accident. The

risk of an onboard pilot and crew during an incident or accident is

eliminated with the use of a [sUAS] for the proposed operation.”
Moreover, I, Dennis McDaniel, would gladly offer my services upon request and

with proper coordination to any official search and rescue or emergency services

organization to benefit the public.

Why Granting the Exemptions Would Provide an Equivalent Level of Safety to Current 

Rules:

Granting the requested exemptions would provide a level of safety equivalent to that 

provided in current rules, and in some cases greater, due the specificity with which the Operating 

Manual identifies unique aspects of UASs, and lay out methods of operation which emphasize 

safety of the public, protection of private property, yet allows operation of UAS. In all 

circumstances which the FAA has already set safety guidelines for traditional aircraft, the 

operational characteristics of the UAS has been considered, and detailed plans put in place to 

adjust the current rules while maintaining safety for persons and property on the ground, as well 

as ensuring safety and security for those operating in the NAS.. In comparison, an Unmanned

Aerial System can accomplish the same commercial filming and photography operations with 

an equivalent or better level of safety because they are lightweight, battery operated, and not 

equipped to carry persons into the NAS. The exemption should be granted to allow the 

commercial operation of the DJI Phantom 2 under the strict conditions outlined above. The 

UAS is much slower than conventional aircraft and operate in a pre secured area, therefore, 

providing an equivalent level of safety. The UAS poses a reduced risk to filming when 

compared to aircraft near persons and/or property.

Privacy

Permission from property owners will be obtained prior to flight. The UAS operations 

will not proceed unless persons proximate to the filming/photographing have consented. 
Summary

I, Dennis McDaniel, am seeking exemption from the following rules:

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a),

14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.103(b), C.F.R. 14 91.105, C.F.R. 91.119(c), 14 C.F.R.

91.121, 14 C.F.R. 91.151(a)(1), 14C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R.

91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b).

With the exemptions of the mentioned rules I, Dennis McDaniel, will be seeking to

make my drone photography/videography services available to the public. Alternatively the

public had to use helicopters and aircraft to achieve what I can offer in a safer, more cost 

efficient manner. By not using combustible fuel, flying at safe heights and strictly following

the usage recommendations from DJI.

These include but are not limited to:

● Flying the following UAS Safely

○ DJI Phantom 2

● Flying below 400 feet

● Proper visual inspection of UAS before flights

● Keeping mentioned UAS in visual sight at all times when in operation

● Using an observer to assist if needed

● Remain well clear of and do not interfere with manned aircraft operations, and avoid 

other aircraft and obstacles at all times

● Not intentionally fly over unprotected persons or moving vehicles

● Contact the airport or control tower before flying within 5 miles of an airport

● Not flying in adverse weather conditions such as high winds or reduced visibility

● Not flying under the influence of alcohol or drugs

● Ensure the operating environment is safe

● Not flying over sensitive infrastructure or property such as power stations, water 

treatment facilities, correctional facilities, etc.

● Check and follow all local laws and ordinances before flying over private property

● Do not conduct surveillance or photograph persons in areas where there is an 

expectation of privacy without the individual's permission.

Approval for this section 333 exemption will increase public safety and reduce the risk to 

on persons and property. Currently, most aerial filming is done by various filming studios using 

manned airplanes. These airplanes weigh thousands of pounds and require the use of 

combustible gasoline in order to operate. In comparison, an Unmanned Aerial System can 

accomplish the same. 

The UAS size, weight, speed, operating capabilities, and proximity to airports and 

populated areas satisfy Section 333 of the Reform Act. All operations occur within the visual 

line of sight of the operator and pose no threat to national security. I, Dennis McDaniel kindly 
requests consideration to receive a Section 333 exemption grant to allow the commercial 

operation of the UAS in the commercial filming and photography industry in accordance with 

the conditions required, or as may be required and in accordance with the rules and procedures 

found in the Operating Manual.

Respectfully, 

Dennis McDaniel

1301 Echo Trail

Watkinsville Ga, 30677

(706) 372-8004

Email: dennis@dennismcdaniel.com