October 5, 2015

EyeFly Immersion Technologies LLC

3038 NW Snowberry Pl

Corvallis Oregon 97330

eyeflyvr@gmail.com

541­740­3688

US Department Of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington DC 20590

Dear Sir or Madam:

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

act) and CFR Part 11, EyeFly Immersion Technologies LLC, owner and operator of

small Unmanned Aircraft Systems (sUASs), requests to be exempted from the Federal

Aviation Regulations (FAR) listed below so that EyeFly Immersion Technologies LLC

may operate sUASs commercially in airspace regulated by the FAA, as long as such

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

established by the FAA as required by Section 333.

EyeFly Immersion Technologies LLC is solely­owned by J. Daren Bledsoe. J. Daren

Bledsoe has a valid Oregon Driver's License and has a Private Pilot’s license. J. Daren

Bledsoe will be the Pilot in Command (PIC) of the sUAS. All operations will be

performed with the public’s safety and right to privacy safeguarded at all times.

As described herein, EyeFly Immersion Technologies operates with the intent to use

aerial videography/cinematography to enhance academic and community awareness of

360 degree immersive video and 360 degree immersive still image capture technology

and content, creating real life aerial virtual reality experiences.

As described below, the requested exception would permit the operation of light weight

(less than 55 lbs. total takeoff weight, including payload) sUASs under controlled

conditions for commercial use by a certified private pilot thereby enhancing safety and

fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibility to

”establish requirements for safe operation of such aircraft systems in national airspace

systems.” Section 333(c), of the Reform Act.

EyeFly Immersion Technologies LLC uses six (6) different sUAS, each weighing less

than 55 pounds, including payload, using similar on board flight control and remote

control systems. The 6 sUASs are listed here:
● DJI Phantom 2 Quadcopter

● DJI Flame Wheel 450 Hexcopter

● Tarot 680 Pro Hexcopter

● DJI Phantom 3 Quadcopter

● DJI Inspire Quadcopter

● DJI Matrice 100 Quadcopter

The above sUAS will operate at a speed less than 50 knots and have the capability to

hover and move in the vertical and horizontal plane simultaneously.The sUAS will

operate within the line of sight within a protected flight area as described below and at

200 feet Above Ground Level (AGL) or less.

EyeFly Immersion Technologies LLC sUAS use similar flight control systems, setup and

configuration. Each have compass, GPS and Auto Return mode that can be activated

by the PIC from remote control. Auto Return is also automatically activated under the

following condition:

● If signal is lost between the remote controller and the sUAS

To further enhance public safety, a Spotter/Observer (Visual Observer) is used during

all flight operations. The Spotter/Observer is in close proximity to PIC to make voice

communication possible, providing additional real time flight observations for the PIC

during flight operations. The approach is to have flight operations that will not create a

hazard to users of the nation's airspace, public nor the environment.

EyeFly Immersion Technologies LLC respectfully requests the grant of an exception to

the following specific sections of the Title 14 Code of Federal regulations allowing it to

operate lightweight sUAS for commercial use.

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b),

91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1),

91.409(a)&(b).

EyeFly Immersion Technologies LLC submits this application in accordance with the

Reform Act ,112 P.L. 95 331­334, seeking relief from any currently applicable FAR’S

operating to prevent EyeFly Immersion Technologies LLC future commercial use of

small sUASs to operate in the national airspace system as described below. The reform

Act section 332 provides for such integration of civil unmanned aircraft into our national

airspace system as it is in the public’s interest to do so. EyeFly Immersion Technologies

LLC listed sUASs each meet the definition of “small unmanned aircraft” as defined in

Section 331 and therefore the integration of these sUASs are expressly contemplated

by the Reform Act. EyeFly Immersion Technologies LLC would like to operate its light
weight sUAS prior to the time period by which the Reform Act requires the FAA to

promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in national airspace before completion of

the rulemaking required under Section 332 of the reform Act. In making this

determination, the Secretary of Transportation is required to determine which sUAs do

create a hazard to users of the national airspace system or the public or pose a threat to

national security in light of the following:

● The sUASs size, speed, weight and operational capability

● Operation of the sUASs in close proximity to airports and populated areas

● Operation of the sUASs within visual line of sight of the operator

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely”

in National Airspace System, the secretary shall establish requirements for the safe

operation in national airspace.

EyeFly Immersion Technologies LLC will operate sUASs weighing less than 55 lbs. and

operate at speeds less than 50 knots. The sUASs have the capability to operate in the

vertical and horizontal plane simultaneously. The sUAS will operate only within the line

of sight of the PIC and Spotter/Observer, within a protected flight area and at 200 feet

AGL or less. This will not present a hazard to the national airspace nor the public.

The very small nature of the sUAS combined with the safeguards presented below, will

allow for the safe operation greater than that envisioned by Congress for the FAA to

establish and by exemption allow commercial operations of sUASs to commence

immediately. Also due to the size of sUASs and the areas and altitudes the sUAS will

operate, approval of this exemption presents no national security issues and minimal

safety concerns which have been mitigated through rigorous approach to our risk

management process. Given the clear direction given in Section 333 of the Reform Act,

the authority contained in the Federal Aviation Act, as amended, the strong equivalent

level of enhanced safety, reduced emissions utilizing sUASs versus traditional aircraft

as well as the economic impact of greatly reducing the cost of aerial photography,

thereby benefiting the greater public’s interest. Accordingly, the applicant requests that

the FAA grant the requested exemption without delay.

The following will be considered as the binding limitation on operations of EyeFly

Immersion Technologies LLC.

1. Maintenance records will be kept on each sUAS and associated control system,

which includes date and data on routine maintenance, battery test and any sUAS

performance variable settings that are user adjustable.

2. sUAS flight weight, including payload, will be less than 55 lbs.,
3. sUAS will have the capability to return automatically to the operator in a safe

manner with the auto return function checked and working.

4. sUAS has telemetry capability, providing the distance from the PIC, altitude and

sUAS battery capacity remaining during flight.

5. Only one sUAS is operated at a time.

6. sUAS flights only operate under Visual Flight Rules (VFR) conditions.

7. sUAS flights will only occur in the day time hours.

8. The sUAS Flight crew minimally consist of PIC (operator) and a Spotter/Observer

(visual observer).

9. All sUAS flights will be operated in the Visual Line Of Sight (VLOS) of the PIC

and Spotter/Observer.

10.Flights will be operated at 200 feet AGL or less.

11.Flights will be terminated at any time weather and wind deteriorate to “unsafe

for flight” by manufacturers recommendations.

12.All required FAA clearances, will be obtained and distances from airports strictly

observed.

13.All restricted air spaces for drone use, such as Monument or National Park will

be observed and any required clearances obtained.

14.The sUAS PIC will perform a check of the flight area and make certain of the

clearance to use and safety of all persons in the area.

15.The sUAS PIC will perform pre­flight check of sUAS prior to flight. This includes

(but not limited to) control system check, verification of battery capacity, aircraft

hardware, prop check, compass calibration, GPS lock, transmitter control and

telemetry system data.

16.The sUAS PIC, the Spotter/Observer and any additional operations crew will

remain in contact with each other during the flight operations.

17.The PIC, SPotter/Observer and any additional operations crew will communicate

by voice or by the use of two­way radio if the area is too big to hear voice from all

operations team members.

18.The PIC will not transfer his or her PIC designation for the duration of the flight

operations.

19.PIC will insure all operations crew can perform duties required.

20.PIC will abort flight in the event of unpredictable obstacles or emergencies.

21.PIC will limit flight time to be the equivalent of 25% of sUAS battery capacity.

22.PIC will keep flight log of each flight operation, with date, location, details on

sUAV used, Spotter/Observer and information specific to the flight operations.

23.Consent will be obtained from all persons within the video/image capture

capabilities of the on board cameras of the sUAS. This is to further reduce the

chance of violating anyone’s privacy.

24.When operating over or near a body of water, the sUAS will be equipped with

flotation devices so that recovery can be made as to prevent lithium battery

exposure to the water table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1)
Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement

of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined

area of operations for EyeFly Immersion Technologies LLC sUAS flights permits

exemption from Part 21 because the sUAS meets an equivalent level of safety pursuant

to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the

airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section

333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from

airworthiness certificates in consideration of weight, size, speed, maneuverability and

proximity to areas such as airports and dense populations. EyeFly Immersion

Technologies LLC meets or exceeds each of these elements

● As of March 23, 2015 the FAA has stated that it will automatically grant a

“blanket” COA for flights at or under 200 AGL to any sUASs operator with a

section 333 exemption.

● 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and

registrations. These are inapplicable for the same reasons stated above. Any

certifications and registration information will be maintained at the corporate

address.

● 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be applicable in the form contemplated by

FAR’s this regulation is inapplicable.

● 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are

no pilots or passengers, and given the size of the sUAS this regulation is

inapplicable

The FAA has previously issued exemptions to this regulation in Exemptions No’s 8607,

8737, 8738, 9299, 9299A, 9565, 9565B,10167,10167A,10602,10700 and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. The

sUAS operation present a far smaller risk to the public compared to flight operations of

conventional and traditional aircraft or rotorcraft that are operating below 500 AGL.

EyeFly Immersion Technologies LLC will only operate its sUASs at or below 200 feet

AGL. The sUAS will be operated within a well defined Area of Responsibility (AOR) that

has been carefully reviewed for hazards and minimizes the presence of any persons not

essential for these operations. Flights over private property will have prior owner

consent. All persons within the video area will have provided consent for filming further

addressing privacy and safety concerns.

Approval of these 333 Exemptions allowing commercial operations of small sUAs in the

service of aerial photography will greatly enhance safety by reducing the overall risk

associated with traditional aircraft. Traditional aerial photography requires large aircraft
to fly in close proximity of populated areas and people in general. With the use of small

sUASs of 55 lbs. or less, battery operated and flying below 200 feet AGL the risk of

injury to people on the ground or the crew has been reduced or almost erased. The

granting of the use of these small sUAS by EyeFly Immersion Technologies LLC will

give the people and business another avenue to express themselves and provide a

video record for clients, family and or friends of 360 immersive experiences.

Granting EyeFly Immersion Technologies LLC the above exemption will allow for the

expansion of sUAS systems into the future for the safe conduct of free enterprise and

the enjoyment of the masses.

EyeFly Immersion Technologies LLC, respectfully requests the FAA grant its exception

without delay. The FAA has the authority to issue the exemption sought by EyeFly

Immersion Technologies LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958)

as amended (the ACT).

Sincerely,

J. Daren Bledsoe

J. Daren Bledsoe

EyeFly Immersion Technologies LLC

3038 NW Snowberry Pl

Corvallis, Oregon 97330

eyeflyvr@gmail.com