July 29, 2015

Exemption No. 12217

Regulatory Docket No. FAA–2015–1880

Mr. Ron Porter

Eye In The Sky Memories

101 Virginia Drive

Tullahoma, TN 37388

Dear Mr. Porter:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 5, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Eye In The Sky Memories (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct flight training1, 

education, photography, videography, and demonstration flights.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision + and DJI Phantom 3.

 

1 The petitioner also requested authority to conduct UAS training. At this time, the FAA is unable to authorize 

UAS operations for training until a further assessment is completed. When the FAA completes its review, we 

will proceed accordingly and no further action will be required by the petitioner. However, the petitioner is 

permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the 

other conditions and limitations in this exemption.
2

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection2. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Eye In The Sky Memories is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Eye In The Sky Memories is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision + and DJI Phantom 3 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

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

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 
4

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

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

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

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

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

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

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

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

under special visual flight rules (SVFR) are not authorized.

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

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

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

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

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

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

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

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

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

present an undue hazard.

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

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May5,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition of Eye In The Sky Memories for Exemption Pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Eye In 

The Sky Memories (ESM), hereby applies for an exemption from Federal Aviation Regulations (FAR) as 

identified below, to allow commercial operations of smaU unmanned aerial systems (sUAS). 

This exemption is in accordance with protocols outlined in this petition for exemption, the 

accompanying ESM Safety Checklists, the DJI UAS manufacturer's operations and/or instructions 

manual, DJI UAS User's Manuals, DJI UAS Quick Start Guides, and any other requirements established by 

the FAA pursuant to Section 333 of the Reform Act. 

This exemption would permit commercial operation by ESM, which uses DJI Phantoms to conduct sUAS 

flight training, education, real estate photography, and videography, and demonstration flights. ESM's 

operation under the exemption will be subject to strict operat1ng requirements and conditions to ensure 

an equivalent leve~ of safety to currently authorized operations using manned aircraft and under 

conditions as may be modified by the Federar Aviation Administration {FAA) as required by Section 333.1 

ESM will be operated under control-led Visual Flight Rules (VFR) conditions at low altitude in airspace 

that is permitted in accordance with ESM's approved Certificate of Authorization (COA). They will 

operate the sUASs with pilots who have completed ESM's training program. Finally, the FAA Air Traffic 

Controller (ATC) will approve the airspace in which the sUAS wm operate in advance. 

ESM respectfully submits this request for an exemption because it operates sUASs. Currently, the 

operations that ESM will be conducting will be in lieu of comparatively hazardous operations now 

conducted with fixed wing and rotary conventional aircraft. The FAA can have confidence that the 

operations will be conducted at an equivalent level or greater level of safety. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation's {the FAA Administrator's) 

responsibilities under Section 333(c) of the Reform Act to "establish requirements for the safe operation 

of such aircraft systems in the National Airspace System" (NAS). 

1

ESM is filing this exemption request on its own behalf; it anticipates that its customers, in the future, will 

file exemption applications to allow them to operate the DJI VAS's in commercial operations in their own 

location. Those filings will be substantially similar to this exemption application. 
For your convenience, ESM has organized this Exemption request as follows: 

1. Petitioner's Description 

2. Relevant Statutory Authority 

3. Qualifications for Approval Under Section 333 of the Reform Act 

4. Description of Proposed Operations 

5. Regulations From Which Exemption is Requested 

6. Public Interest 

7. Privacy 

8. Federal Registry Summary 

9. Conclusion 

1. Petitioner's Description: 

Eye in the Sky Memories, headquartered in Tullahoma, Tennessee, Is a company that provides sUAS 

flight training, support to news services, real estate photography, education, and demonstration flights 

in a compliant and safe environment. ESM plans on providing a wide range of services as the sUAS 

market expands. 

The Chief Pilot has accumulated over 150 hours of flight time. 

ESM's goal is to operate in an accident-free environment by: 

• Demonstrating a commitment by management and alt emptoyees to operate in a compliant 

manner. 

• Identify hazard and risks while eliminating or controUing all these risks. They will use steps to 

intervene and report when unsafe work practices appear to exist. 

• Training all emp,Joyees involved in flight operations to operate at the highest standard level. 

The contact information for Petitioner is as follows: 

Eye In The Sky Memories 

c/o Ron Porter 

101 Virginia Dr. 

Tullahoma, TN 37388 

Chief Pilot/Pilot in Command: 

Ron Porter 

Cell phone: 931-581-9023 

2. Relevant Statutory Authority: 

This petition for exemption is submitted to fulfiU Congress' goal in passing Section 333(a) through (c) of 

the Reform Act. Congress has directed the FAA "to safely accel,erate the integration of civil UAS into the 

NAS". Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain 

unmanned aircraft systems may operate safely in the NAS before completion 

of the formal UAS rulemaking, based on the following considerations: 
• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within the visual line of sight of the operator.2 

If the Secretary determines that such vehicles "may operate safely in the NAS, the Secretary shall 

establish requirements for the safe operation of such aircraft in the NAS." 

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. A party requesting an exemption must explain the reasons why the exemption: 

1) would benefit the public as a whole, and 

2) would not adversely affect safety (or how it would provide a level of safety at least equal to 

the existing rules). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, 

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service: 

The Administrator may grant an exemption from a requirement of a regufation prescribed 

under subsection (a) or {b) of this section or any of sections. 

3. Qualifications for Approval Under Section 333 of the Reform Aa: 

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 

of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. 

The proposed operations would permit ESM the use of small UAS under controlled conditions in 

airspace that is: 

1) predetermined; 

2) controtted as to access; and that 

3) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft 

are used to accomplish the same purpose. 

ESM uses UASs that are multirotor, weighing less than 25 pounds including payload. They operate, 

under normal conditions, at speeds not to exceed 45 mph and have the capability to hover, and move in 

the vertical and horizontal plane. ESM's UASs will operate in line of sight, during daylight hours, and will 

only operate within a sterile area. ESM will operate at or below 400 feet Above Ground level (AGL) and 

will not operate in controlled airspace, therefore required permissions and permits would not be 

2

ESM's submission places a duty on the Administrator to not only process applications for exemptions 

under Section 333, but for the Administrator, if he deems the conditions proposed herein require 

modification in order to allow approval, to supply conditions for the safe operation of the sUAS. ESM 

welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this 

proposal may raise that they believe may require modification. 
necessary. All required permissions and permits would be obtained from territorial, state, county or city 

jurisdictions, including focal law enforcement, fire, or other appropriate governmental agencies prior to 

operating a sUAS. 

Given the small size of the sUASs involved and the restricted steriJe environment within which they will 

operate, this ESM's exemption fatls within the zone of safety and demonstrate an equivalent level of 

safety, in which Congress desired the FAA to permit commerciaii,JAS operations by exemption pending 

completion of formal rulemaking. Also, due to the size of the sUASs and the confined area in which the 

sUASs wilt operate, approval of the application presents no hazard in the NAS. 

Considering the dear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, the grant of the requested exemptions is also in the public interest. 

4. Description of PropQSed Operations 

To assist the FAA in its safety assessment of ESM's proposed sUAS operations, below is a summary of 

operational limitations and conditions that will ensure an equivalent or higher level of safety to 

operations conducted under current regulatory guidelines: 

1) The sUAS will weigh less than 2$ pounds. 

2) Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual 

Observer (VO) .. 

3) Maximum total flight time for each operational flight will be limited to the amount of time 

the sUAS can be flown and still maintain a reserve battery power of no less than 25% (about 

15 minutes). 

4) Flights will be operated at an altitude of no more than 400 feet AGL. 

5) Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, 

buildings, vehicles, vessels, people not associated with the operation or who have not 

signed a waiver in advance of the operation. 

6) Minimum crew for each operation will consist of the sUAS PIC, VO and a Camera Operator 

(CO). Additional crewrnembers may consist of a Pilot. 

7) ESM will designate a PIC for each mission. 

8) The sUAS will operate only within a confined "Sterile Area". 

9) Prior to the operations at a particular location, a site inspection wilt be conducted. On the 

day of the mission the PIC and VO will concur on dispatching of the mission. 

10) The PIC and VO will conducted a briefing in regard to the planned sUAS operations prior to 

each mission. 

11) ESM crew will use the checklist that accompanies this petition. 

12) All sUASs will be maintained in accordance with inspection program specified in the ESM's 

Checklist and in compliance with the manufacturer's guidelines. 

13) In the event of an accident inv<»ving an ESM sUAS, they witt cease operations and report the 

accident to the NTSB and AFS-80. 

14) PIC and VO will at all times be able to communicate by voke. 
15) All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental 

agencies. 

16) If the sUAS loses communications signal, the sUAS has the capability of returning to a predetermined location within the Sterile Area and land. 

17) Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the VO. 

18) The sUAS has the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

19) ESM will assure no individuals' privacy is violated. 

20) ESM will contact ATC prior to operating in airspace other than G. 

5. Regulations From Which Exemption is Requested: 

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and limitations; Pilot in Command 

B. 14 CFR § 91.103: Preflight Action 

C. 14 CFR § 91.113: Right-of-Way Rules 

D. 14 CFR § 91.119 (b) and (c}: Minimum Safe Altitudes 

E. 14 CFR § 91.121: Altimeter Settings 

F. 14 CFR § 91.151(b): Fuel Requirements for Flight in VSR (VFR} Conditions 

G. 14 CFR § 91.40S(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections 

A. 14 CFR § Part 61.113 (a} and {b) Private Pilot Priviteges and Limitations; Pilot in Command 

Section 14 CFR § 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the DJI sUASs are remotely controlled with no 

passengers or property of others on board. ESM respectfully proposes that the FAA should take into 

account the characteristics and procedures of the particular UAS. 

ESM proposes that the actual operation of the OJI sUAS does not require the PIC to hold a private pilot 

certificate. ESM proposes the following requirements: 

Equivalent Level of Safety 

ESM utilizes both a PIC and a VO to increase safety during flight operations. The VO will always remain 

within 10 feet of the PIC when the UAS is airborne to assist if an emergency should happen. Procedures 

developed by ESM far exceed the current safety requirements established by the FAA. 

B. 14 CFR § 91.103: Prefligttt Action 

ESM requests an exemption from the preflight actions requirements of 14 CFR § 91.103 that prescribe 

the preflight actions under which aircraft may operate: 

Each PIC shalf, before beginning a flight, become familiar with all available information concerning that 

flight. 
a) Flight under Instrument Flight Rules (IFR) or a flight not in the vicinity of an airport, weather 

reports and forecasts, alternatives avaitabte if the planned flight cannot be completed, and any 

known traffic delays of which the PIC has been advised by ATC; 

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 Rotorcraft 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 specifaed in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance 

under expected values of airport elevation and runway slope, aircraft gross weight, 

and wind and temperature. 

ESM will not operate sUASs under JFR conditions or when the ceilings are below 1000 feet and the 

visibility is below 3 statute miles. DJI's sUASs do not have published approved Airplane or Rotorcraft 

Flight Manual containing takeoff and landing distance data. 

Equivalent Level of Safety 

Located in ESM Safety Checklists are procedures describing steps the PIC along with the optional Pilot 

must follow to assure that the weather will be adequate to complete the mission in VFR condition. Since 

ESM operates in Tennessee where the density altitude is never usually above 2000 feet, UAS 

performance is not affected. When ESM is allowed to operate in other parts of the United States the 

UAS used in those locations will be test flown at gross weight to test performance limitations prior to 

conducting commercial operations. 

C. 14 CFR § 91.113: Right-of-Way Rules 

ESM requests an exemption from 14 CFR § 91.113 Right-of-way rules, requiring vigilance by each person 

operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another 

aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead 

of it unless well clear. 

ESM operates small pilotless UASs and cannot comply with these rules as they have been written. 

Equivalent Level of Safety 

ESM operates sUASs at or below an altitude of 400 feet AGL, well below the normal operating altitude of 

other aircraft. ESM Safety Checklists specifies that a PtC with experience will oversee each mission and 

has knowledge of the avoid rules. A VO will assist the PIC in looking for aircraft entering the operations 

area. It is the responsibility of the PIC to cease operations and land the UAS immediately whenever and 

aircraft comes into the vicinity creating a potential threat. Operations cannot recommence until the 

threat is cleared. 
--sKYmemoRIES 

D. 14 CFR § 91.119 (b) and (c): Minimum Safi! Altitudes 

ESM requests an exemption from the minimum safe altitude requirements of 14 CFR § 91.119 (b) & (c) 

that prescribes the minimum safe altitudes under which aircraft may operate: 

• 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. 

• Over other than congested areas at 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. 

Section CFR 14 § 91.119 (d) allows for a heHcopter to operate at less than those minimum altitudes 

when it can be operated "without hazard to persons or property on the surface", provided that "each 

person operating the helicopter complies with any routes or altitudes specificatly prescribed for 

helicopters by the FAA". 

To provide the intended operations, the sUAS is normally operated below 400 feet AGL. Additionally, 

due to the nature of the proposed operations, the sUAS will maintain a lateral distance of at least 100 

feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the 

operation. 

Equivalent Level of Safety 

Compared to normal flight aircraft, ESM's multi-rotor aircraft weigh a maximum of 25 pounds, and given 

the lack of flammable fuel, any risk associated with these operations is far less than those that presently 

exist with conventionaJ aircraft. An equivalent level of safety will be achieved given the size, weight, and 

speed of the UAS, as wetl as the location where it is operated. As set forth in the Safety Checklists, the 

sUAS will be operated in a sterile area, where buildings and people will not be exposed to operations 

without their pre-obtained consent. Because of the advance notice to the property owners and 

participants, all affected individuals will be well aware of the planned flight operations as set forth in the 

Safety Checklists. 

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that are 

subject to the minimum safe altitude regulations. Finafly, the successful safety record of the DJI sUAS 

demonstrates that the sUAS can be safely used at these lower attitudes and closer operating 

environments. 

E. 14 C.F.R. § 91.121: Altimeter Settings 

ESM seeks an exemption from 14 CFR § 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure. An exemption is required because the sUAS does not have a 

barometric altimeter, but rather a GPS altitude read out. 
Equivalent level of Safety 

An equivalent level of safety will be achieved by following the procedures set forth in the Safety 

Checklists. ESM wiH confirm the altitude of the launch site shown on the GPS altitude indicator before 

flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUASs height, thus 

ensuring operation at safe altitudes. 

F. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions 

ESM requests an exemption from 14 CFR § 91.151(b)'s fuel requirements for flight in VFR conditions. 

The batteries powering ESM's UASs provide approximately 15~20 minutes of powered flight. To meet 

the 30 minutes reserve requirement in 14 CFR § 91.151, sUAS flights could not be conducted. Given the 

limitations on the sUASs proposed flight area and the location of its proposed operations within a 

predetermined area, a safety margin based on a reserve amount of battery life is needed. 

ESM will not be conducting any sUAS flights at night. 

Equivatent Level of Safety 

An equivalent level of safety will be achieved because the operations will be conducted on-site without 

significant transit time by the sl)AS. All flights will be planned to terminate with no tess than 25% 

reserve battery power still available. This restriction would be more than adequate to return the sUAS 

safely to its planned landing zone from anywhere in its confined area of operation even in the event of 

an unexpected occurrence. Operation of the sUAS with l,ess than 30 minutes of reserve fuel does not 

include the type of risks that Section 14 CFR § 91.151(b) was intended to alleviate given the size and 

speed of the sUAS, and the proximity of the flight operation to the landing zone. Moreover, operation 

wiU be limited to controUed areas where only people and property owners, or official representatives 

who have signed waivers witt be alk>wed. 

G. 14 CFR § 91.405(a), 91.407(a)(1}, 91.409(a)(2); 91.417(a) and (b): Mai-ntenance Inspections 

ESM also seeks an exemption from the maintenance inspection requirements contained in 14 CFR § 

91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and 

inspection standards in reference to 14 CFR Part 43. 14 CFR § 91.405(a) (stating that each owner or 

operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections ... have discrepancies repaired as prescribed in Part 43 of this chapter"). 

An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft 

with an airworthiness certificate, which the sUAS will not have. 

Equivalent level of Safety 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the ESM Safety Checklists and DJ1 User's Manuals. As provided in the Safety Checklists, 

the PIC will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. The PIC is the person most familiar 
with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 

If mechanical issues arise, the sUASs size and carrying capacity, (lnd the fact that flight operations will 

only take place in restricted areas for limited periods of time during daylight hours, creates tess risk than 

that associated with conventional rotorcraft performing the same operation. 

6. Puotk: lnterest 

Granting ESM an exemption furthers the public interest. National policy set by Congress favors early 

integration of VAS into the NAS in controlled, safe working environments such as those proposed in this 

petition. One vision of ESM is to help facilitate safe integration of sUASs into mainstream USA in the 

following areas: 

• Mews Gathering 

Each news assignment may require a completely different shot or view of a scene. With budgets 

for traditional helicopter use being greatly reduced, the UAS is the perfect solution to allow for 

easy news gathering for a fraction of the cost. The sUAS can and will be operated in a sterile 

area away from the public, while the traditional helicopter must hover over persons and 

property increasing the danger to individuals. 

• Real Estate 

The sUAS can be used in all areas of real estate, induding commercial, residential and industrial 

properties. Using a sUAS, real estate professionals can create promotional videos, photos and 

unique shots that normal camera aspects cannot capture. ESM's easy-to-use vfdeo and photo 

platform enables properties to stand out, providing dazzling views that are typically shown via 

expensive computer animation or costly helicopter rentals. Imagine shooting a view from a highrise condo in stunning high definition that shows your potential customer the actual view from 

the res~dence. The remote platform is great for new planning, zoning and large developments. 

Simple and easy-to-use video and photos a11ow for multiple height pictures and elevation views. 

• Fire and Rescue 

ESM would introduce and demonstrate to fire and rescue personnel the sUASs reliability and the 

capability to perform in extreme situations. The ability to offer real time HD and IR video 

facilitates placing personnel and equipment in the right places. Also, with modern FUR cameras, 

areas can be identifted for potential'hot spots' and additional focus without putting personnel 

at risk. ESM's mission is to assist governmental agencies safely into the NAS. 

• Agriculture and Conservation 

ESM would introduce and demonstrate to farmers of all types that the sUAS can aid commercial 

agriculture, land management and conservation efforts by assessing crops, mapping flood 

zones, measuring snow pack and more. The sUAS can fly pre-saved missions via the fully 

automated ground station, which allows for time-lapse photos of fields, crops and known land 
tracts. It also can accurately recreate the same pattern during all seasons, providing invaluable 

data for land and soil manasem~nt. Using HO video, HD photos, and JR cameras aUows for 

detailed analysis and recording. With photo rendering software, 30 maps and topography can 

be us:ed in conjunctiQn with time-lapse photos to create highly detai~ maps for erosion, flood 

mapping and other critical iilspet.:ts of land manage~nt. 

7. Privacy 

ESM has established a chapter in their Safety Checklists to proteQ: the pubttc privacy. ESM knows that 

many individuals have concerns about privacy from the operations of sUASs. ESM has created a privacy 

notice that informs residents, commercial property owners, churches, schools, and governmental 

organizations of our intent to conduct commercial drone operations in proximity to their property. 

8. Federal Regktty Summary 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

Eye In The Sky Memories seeks an exemption from the foflowing rules: 

14 CFR Part 61.113 (a) and {b); 14 CFR § 91.103; 14 CFR § 91.11.9; 14 CFR § 91.121; 14 CFR § 9l,.151(a); 

14 CFR § 91.405(a); 14 CFft § 91.407(a)(1); 14 CFR § 91.4(}9 (s)(2); 14 CFR § 91.417(a) & (b). 

Approval of this exemption request aflows t::SM to conduct commercial operations with small and 

Hghtweight unmanned aerial systems. The goal of ESM is to enhance safety of sUAS operations in the 

NAS while reducing risk to the general public and property owners. 

The DJI sUAS, weighing less than 25 pounds and powered by batteries, eliminates virtualty aft of that risk 

given the reduced mass and lack of combustible fuel carried on board. The sUAS is transported to the 

designated mission area and set up there. The sUAS witt carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights. 

The operation of this sUAS wm provide an equivalent level of safety, supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of several 

regulations and allowing commercial operations. These lightweight sUASs operate at slow speeds, close 

to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial 

survey and inspection operations conducted with fixed wing aircraft or helicopters. 

If additional information is required, or if you have any questions regarding this Petition for Exemption, 

please contact the undersigned. 

Res~ctfuUy submitted, 

{Z_~oP.k Ron Porter, Pilot in Command 

Email: info@dronephotographytn.com 
Phantom 2 Vision + 

and Phantom 3 

Mission Checklists 

Arrival Checklist 

1_ If day and operating out of back of 

vehicle, point vehicle into sun_ 

2_ Remove case and place on level surface_ 

3_ Check distance to nearest airport and/or 

controlled airspace using smartphone or 

tablet app_ 

' . . J • ' \ "'-

\;~:::~~:~::::..;.i:l:/·:.~!_,_L ... ~:::~i::c:t:~~~~;·:· -~ ·;~~:::,_.::.:c~~.::. ::.\~···:.:: ,, "-" -:· ·;" 

1_ Remove transmitter_ 

2. Router - On 

3_ Transmitter - On 

4_ Toggle Switches- Fuil Up 

5. Video Monitor- On 

6_ Remove UAS from case_ 

7_ Gimbal Lock & Lens Cap- Removed 

s_ Micro-SO card - Inserted_ 

g_ UAS Battery- Inserted 

10_ Place UAS in clear and safe launch and 

recovery position if it retums to home_ 

11_ UAS Battery - On 

12_ Witi Connection to Monitor - Verified 

13_ OJI Application - Load 

14_ OJ! application- Connect to Camera 

15_ SD Card - Format 

16_ Camera - Full Up 

17_ Sateilfte Connections - Verified 

18_ Charge Levets - Safe for Flight 

1 9_ Video Recording - Star1 

20_Takeoft 

,;,'··-·· ' ., .. 

1_ Hover app~o~imately ten feet above the 

ground to confirm UAS is under controL 

2_ All sticks operate correctly while in hover 

-Verified 

1_ ca~era~ Full Up 

2 _ Video Recorder - Stop 

3_ Landing Zone - Clear I Safe 

1_ Battery - Remove & Replace 

2_ Wifi Connection to Monitor- Verified 

3_ DJi applic.ation - Connect to Camera 

4_ Takeoff 

End of Ops Checklist 

1 _ Battery - Off 

2_ Transmitter- Off 

3 _ Router - Off