Stephen Dailey Aug. 20th, 2015

312 Middle Bay Dr.

Conway SC 29527

Cell (843) 798-1928

Email: phyxiusarts@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam,

In Accordance with FAA’s Guidelines for Submitting a Petition for Exemption under Section 333 

of the FAA modernization and Reform act of 2012, I Stephen Dailey, Referred request exemption from 

the following sections of Title 14, Code of Federal Regulations:

61.113(a)&(b); 91.119(c); 91.121; 91.151 (a); 91.405(a);91.407(a)(1);91.409(a)(1); 

91.409(a)(2);91.417(a)&(b);

In order to Operate small unmanned aircraft systems (UAS) commercially in airspace that is controlled 

by the Federal Aviation Administration (FAA) for the purpose of aerial photography, cinematography, 

and other flight operations that could be performed safely and more cost effectively with the use of 

small UAS at low altitude within the U.S. National airspace system as compared to a manned aircraft. 

Operations will be performed only at the request of, with authorization and permission of clients or 

their authorized agents in order to facilitate the education and the beneficial uses of small unmanned air 

systems. So long that the operations are conducted within and under the conditions outlined in the 

established by the FAA as required by Section 333. 

Stephen Dailey, the Petitioner, seeks exemption from the above Federal Regulations for the 

following reasons;

61.113(a) &(b) Stephen Dailey requests relief in order to facilitate the utilization of pilots, who 

hold a PRIVATE PILOTs certificate (or Greater). Any pilots operating under this exemption would be 

required to comply with any conditions as set forth in the previously granted exemptions

91.119(c) As mentioned in prior exemptions, operations conducted closer than 500 feet to the 

ground will require that the UAS be operated closer than 500 feet to essential person, or objects that 

would not be possible without additional relief. Stephen Dailey also request a modification or exemption 

“congested areas” and “densely populated”. Due to the overall size, weight and accuracy of controls to a 

UAS, Stephen Dailey requests a waiver for this condition to allow reasonable and responsible operations 

in areas of subdivisions and neighborhoods if required for real estate photography.
91.121 The Federal Regulation is inapplicable since the UAS does not have an altimeter and 

instead uses electronic GPS with a barometric sensor for altitude information that is accurate to the foot 

readable during flight on the on screen controls and after the flight with the built in flight recorder, to 

include a limiter to provide a hard ceiling adjustable to the pilot during preflight operations.

91.151(a) As mentioned in prior exemptions (11136 and 2689) have been granted due to the 

operation is going to be only fly under VFR conditions. The UAS provides a battery power that provides 

approximately 23 minutes of powered flight. Further, the operator of the UAS will be notified by visual 

and audio alerts when battery power reaches 30% and UAS onboard computer will initiate a landing 

procedure when battery reaches a specified level due to location and altitude of the aircraft.

91.405(a) 91.407(a)(1);91.49(a)(1)&(2); 91.417(a) &(b) Stephen Dailey, the petitioner proposes 

to inspect and ensure that the UAS is in condition for safe flight in accordance with the operating 

documents. Prior Exemptions (11138) found that the operating documents and conditions and 

limitations specified, description of maintenance, inspection and recordkeeping, were to sufficient to 

insure that safety would not be adversely affected. 

The UAS (DJI Phantom 3 Advanced and Professional)

The DJI Phantom 3 platform is wildly known and recommended as one of the best small 

rotorcraft in the quadcopter configuration. The overall weight is 1280 grams with a diagonal size of 590 

MM. A hovering accuracy of .1 M and max speed of 16M/S. It is controlled by a dedicated controller 

that operated in the range of 2.400GHz-2.483 GHz. DJI advertises unparalleled safety features of 

beginner mode, preset parameters for altitude and distance. A GPS enabled “geofence” that prevents 

flying into unwanted areas or obstacles. The unit has several fail safes to include a return to home 

function that if connectivity, battery or pilot issues, the function takes the aircraft to a safe altitude and 

flies strait line back to the take off point. As discussed earlier in the document, the unit is equipped with 

a smart battery that notifies the pilot of 30% and also initiated landing sequence when the battery is 

depleted. On the controlling unit, flight data to include battery life, altitude GPS location and distance

away from pilot is displayed. Also shown is a live feed of the HD camera that has a 90 degree field of 

view and no zoom capability. It is anticipated that flights for Real estate and cinematography will usually 

last less than 15 minutes at a time. More information on the aircraft is available at Http:/www.dji.com.

Risk Mitigation

Stephen Dailey reviewed the FAA exemptions that have been established prior and believes that 

the limitations and requirements are very reasonable and will be clearly used to mitigate risks and the 

safety of the public and other aircraft. The equipment and the pilot will conduct a preflight check list to 

insure the aircraft prior to take off to include inspections of the aircraft and the air space to be entered. 

Stephen Dailey is planning on flying for real-estate or business photography and cinematography is 

plaining on to fly with in the property of the structure and no higher that 20-40 feet above the structure 

and possibly inside the structure for added photographs or video. The UAS will be with in view of 

Stephen Dailey at all times. Due to the UAS not carrying any flammable fuel the risk of having any kind 

of fire or hazmat situation is minimal if any. Finally, any regards to adverse weather or high wind will be 

checked prior to any flights and also be monitored during the flight.
Public Interest

Operations of the UAS on a commercial level can impact the public in many different ways. First 

economical; to able to provide a different view of real-estate, attractions, property, and events from an 

aerial point of view for an affordable price can boost advertisements and proceeds to a small business

perspective. To hire a manned aircraft, fuel costs and time would be at least ten times the cost of the 

same or better footage from the Phantom 3 Advanced drone. Aerial surveying of an area to assist crop 

surveying can help save crops that need more or less pesticides and fertilizer, to overall reduce the cost 

and increase the yield. 

The second would be the environment. Due to the Phantom 3 having rechargeable batteries, 

the operation has nowhere near the environmental impact as a fixed wing or rotary aircraft during the 

same time of flight. 

The third is over all public interest. So much media attention has been portrayed due to persons 

not fling responsibly, either too high or in an area that did not want video or pictures taken. Stephen 

Dailey would like to inform the public on the capabilities of this technology. Stephen Dailey also not only 

contacted local law enforcement and fire rescue about procedures, but has volunteered them service 

for training events and any other services that could be provided under this documentation. 

Conclusion 

Stephen Dailey is requesting this exemption for the purposes of “aerial photography, 

cinematography, videography, land and crop surveying and inspections. Stephen Dailey’s goal is to 

provide a safe, and legal option to provide a service to business, personal property owners or groups 

with an affordable quality product. The demands for the different perspective is increasing and many 

opportunities may increase for aerial data collection to decrease risks to personnel or equipment and 

UAS technology could be the way to explore those opportunities safely.