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 sy stem (“UAS”) commerciall y 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), 14 C.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 DJ I’s UAS: Phantom 2, along the guidelines of the accompanying DJ I Phantom 2 Operator’s manuals. Th is UAS will be equipped with detachable cameras and will be transported in proper storage. This proposed exemption would allow me operation of unmanned aircraft sy stems (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.

Th is device w as selected because it has proven reliable flying capabilities managed by gy ro 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 photograph y 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 Pa**  **rt 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 h ave 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 day s 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 certifi cate 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 b y 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 per son 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 cop y of FAA Form 337 authorizing that installation is on bo ard 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 DJ I Phantom 2, is manufactured without the capacity to carry documents, is sold without Airworthiness Certificates, do es not have cabin doors nor sufficient space to appl y placards and do es not contai n or carry fuel. As the UAS is alway s within sight of the Pilot In Command (PI C) , an equivalent level of safety can be achieved b y 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)) an d Section 333 of the Reform Act. An exemption may

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

consideration of these factors makes it c lear 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 weigh s less than 55 lbs with a full load and cannot carry a pilot or hold any passengers. The UAS do es not carry fuel or any other explosive or flammable liquids, and will only be operated w ithin a secured zone. The UAS operation do es not pose a threat to the national security of the United States, or any locality found within or without the United States. The
purpo se of the operation of the UAS is to obtain aerial videos /photograph s 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 Sy stem (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 PI C
, 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 analy sis of these criteria demonstrates that the UA S 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 b y 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 “p rovisional,” 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 entran ce 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 th e rule. An equivalent level of safety

is achieved by

placing a Roman Capital letter “N” (denoting United State registration) followed b y the word "Experimental" on the fuselage in compliance with §45.29(f) in a manner which is readable b y the pilot and gro und 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: Pi**  **lot in**  **co mmand** 

(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 employ ment; and (2) The aircraft does not carry passengers or property

fo r 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 (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements is requested

. The training and knowledge required for Commercial pilots of conventional aircraft would no t 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 alway s 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 commerciall y certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption No s. 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 al low commercial operation o f the UAS is sought

. I, Dennis McDaniel
, the PI C
, am able to safel y operate the DJ I 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 unai rworthy

mechanical, electrical, or structural conditions occur.

**Basis for Request for Exemption** As no such certificates exist for UASs and because the DJ I Phantom 2 do es 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 UA S being operate, this regulation is inapplicable. As such, I, Dennis McDaniel submit that I will ensure that the DJIPhantom 2 is in an airworthy condition,prior to every flight, by determining that the UAS is in compliance with the operating documents (DJ I 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 b y § 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 wi ll be achieved by maintaining a safety/ flight manual with the operator. I, Dennis McDaniel will retain safety /flight manual s and all applicable materials as provided by the manufacturer and maintained by the PI C 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 f or Request for Exemption**  Exemption is sought to the extent the rule requires the PI C 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 aircraf t 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 harne ss fastened.

**Basis For Request for Exemption** Ex emption 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 saf ety can be achieved by

the PI C alway s having positive control of the remote control and maintaining visual line of sight (VLOS ) with the UAS at all times. Should the pilot become phy siologicall y unable to continue as PI C, the UAS has a “Return H ome and Land” override function that will return it to a predeturmine d 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)Anywh ere. 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 sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, v ehicle, 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 paragr aph (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 A GL and conventional aircraft operating above 500 AGL as required by Section 91.119. Further p rotections equivalent to minimum safe altitudes are created because, in the event of low

- battery

power, loss of communication or interference with communication be tween 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 significantl y 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 three

thousand (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 proper ty is drasticall y 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 McDani el 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 permi ssion may be reduced to 30ft with enhanced safety procedures in place in addition to the mandatory safety briefing involving all persons including the PI C. Filming or Photographing with a UAS instead of manned helicopters provides an increased level of saf ety 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 anal ys is 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 s et, 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
sy stems 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 PI C maintain ing 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 b y using this and b y maintaining VLOS with UAS during flight.

**14 C.F.R. §**  **91.151(a)(1): Fuel Require**  **ments 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 fl y 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 fl y after that for at least 20 minutes.

**Basis for Request for Exemption** An exemption is sought as the DJ I 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 fu el. The UAS is set to automatically return to a pre determined landing spot in the case of emergency and this can be accomplished
very quickl y. Conventional aircraft generall y 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 achieve d 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 fl y is powered b y el ectricity, using lithium poly mer batt eries that currentl y has a flight limit of ap proximately no more than 30 minutes. Therefore, due to the limitations of the batteries, it is currentl y 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 day s 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 fo reign 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 leg ible 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 cop y 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 o f 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 h ave cabin doors nor sufficient space to apply placards and does not contain or carry fuel. As the UAS is alway s within sight of the PI C, an equivalent level of safety can be achieved by the PIC having the OM during flight operations and b y 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 alway s fly safel y while having the manuals of the DJ I 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 approv ed for return to service; (c)Shall have any inoperative instrument or item of equipment, permitted to be inoperative b y § 91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and (d)When listed discrepancie s 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 PI C 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 co ntrol 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 repair s 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 i n an airworth y 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 b y a person authorized under §43.7 of this chapter; and (2) The maintenance record entry required b y §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 appreciabl y changed its flight characteristics or substantially affected its operation in flight until an appropriatel y rated pilot with at lea st 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 b y paragraph (b) of this section if, prior to flight, ground tests, inspection, or both show conclusivel y that the maintenance, preventive maintenance, rebuilding, or alteration has not appreciabl y changed the flight characteristics or substantially affected the flight operation of th e aircraft.**Basis for Request for Exemption**

An exemption is requested from §91.407 as there are currentl y 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 inspec tions 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 b y a person authorized by §43.7 of this chapter; or (2) An insp ection 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 b y this paragraph unless it is performed by a
per son 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

carryi ng any

person (other than a crewmemb er) 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 t o 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 artic ulated 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 UA S s , but an equivalent level of safety will be achieved b y the PI C 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, prev entive 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 b y 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 b y §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 re gistered 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 av ailable 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
reques t of any l aw 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 b y 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 sub

section (a)(1)(v), and

/or copies of alteration forms under (a)(1)(vi). An equivalent level of safety will be achieved b y the PIC keeping maintenance logs and documentation in the Operating Manual

. These regulations are fo r conventional aircraft with airworthiness certificate s and are therefo re incompatible with the operations of a UAS. The UAS op erator 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 ty pical 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 documentati on of maintenance activities will be kept. Furthermore, I, Dennis McDaniel , will p erform 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 exis ting 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 th eir nature, are larger than a UAS , require liquid fuel, travel at much higher speeds, and have a greater potential to negativel y 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 safel y integrate UASs into the NAS. Aerial photography and videograph y as an available service to the public allows for

a cheaper method to capturing imagery than its alternative. The alternativ es, 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, ex emption No.11138: ““Manned aircraft conducting aerial filming and photograph y 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 gladl y 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 operati on 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 Sy stem can accompl ish the same commercial filming and photograph y 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 DJ I 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 prope rty.

**Privacy** Permission from property owners w ill 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), 14 C.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. Alternativel y 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 DJ I.

These include but are not limited to:

● Flying the following UAS Safely

○ DJ I 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 fl y 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 alcoho l 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 fl yi ng 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 saf ety and reduce the risk to on persons and property. Currently, most aerial filming is done b y various filming studios using manned airplanes. These airplanes weigh thousands of pounds and require the use of combustible gasoline in order to operate. In c omparison, an Unmanned Aerial Sy stem 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 kindlyrequests consideration to receive a Section 333 exemption grant to allow the commercial

operation of the UAS in the commercial filming and photograph y 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