November 24, 2015

Eye in the Sky Inc.

Joseph Davis, COO

3820 Ron Rd, Green Cove Springs, FL 32043

904.838.5414, jmdaisiphone@att.net

Via Electronic Filing

Attn: Docket Operations

U.S. Department of Transportation (DOT)

1200 New Jersey Avenue SE, Room W12-140

West Building Ground Floor Washington, DC 20590-0001

Re: Exemption Petition of Eye in the Sky Inc. pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

To the Flight Standards Service:

This letter shall serve as a petition for a Section 333 Exemption for my client Eye in the Sky Inc. 

(“Petitioner” or “Eye in the Sky”) pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012, Pub. L. No. 112-95, 126 Stat. 11 (2012) (“Section 333”), and certain 

sections of Part 11 of Title 14 of the Code of Federal Regulations.

Introduction

Eye in the Sky is a design and media production studio based in Green Cove Springs, FL. Eye in 

the Sky offers a variety of design, marketing, and production services to clients, including video 

production and photography. Eye in the Sky wishes to incorporate micro unmanned aircraft 

systems (“mUAS”) into its operations. As a result, pursuant to Section 333, Petitioner seeks 

exemption from those certain Federal Aviation Regulations (“FARs”) discussed below. 

Petitioner believes that the instant Petition is substantially similar to other Section 333 

Exemption Petitions previously filed with and granted by the FAA—including, for example, the 

Petitions in Grant 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)—such that this Petition qualifies for “summary grant” treatment under 

the FAA’s policy announced and implemented in early April 2015 and without need for the FAA 

to solicit public comment on this proposal. Moreover, the specific mUAS proposed to be used by 

Petitioner—a Yuneec Q500-4K— has been the subject of several Section 333 Exemption 

Petitions previously granted by the FAA, including Exemption Nos. 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). To that end, Petitioner shows 

the following:

Petitioner uses a variety of tools for its media production, marketing, promotions, special events, 

and photography services, and by this Petition wishes to add a Yuneec Q500-4K device to its 

toolbox in furtherance of those services, which are, at their core, a form of aerial data collection.

Without a grant of the instant Petition, Eye in the Sky’s ability to grow and compete in the 

growing market for UAS video photography and production services will be limited and suffer

from competitive imbalance. Without a grant of the instant Petition, Petitioner will be forced to
Eye in the Sky Inc. 

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 2

wait until the FAA’s current mUAS rulemaking proceeding concludes with the adoption of new,

final rules, which, upon information and belief, could take upwards of two years. Grant of the

instant Petition would serve the public interest by allowing for economic growth and the safe

introduction by Petitioner of mUAS video and photography services into the marketplace prior to

the conclusion of the mUAS rulemaking proceeding.

Proposed Conditions and Limitations

This Petition seeks authority to operate Petitioner’s Yuneec Q500-4K mUAS subject to the

following conditions (and any other conditions and restrictions imposed on Petitioner by the 

FAA):

 The operator of the Yuneec Q500-4K will be familiar with the manufacturer’s user

manual, which is available at the following URL address:

http://www.yuneec.com/download/manuals/q500_4k_user_manual.pdf, and will maintain a copy of the user 

manual at the location of all flights as well as the Warning Sheet: 

http://www.yuneec.com/download/manuals/q500_4k_cheat_sheet_warning_sheet.pdf

 Petitioner’s unmanned aircraft (“UA”), including payload, camera, gimbal, etc. will

not exceed 55 lbs.

 Petitioner will not use its mUAS for closed-set motion picture or television filming

without filing a new or amended Section 333 Exemption petition.

 Petitioner will not operate its UA at a speed exceeding 100 mph (87 knots).

 Petitioner will operate its UA only at altitudes that will not exceed 400 feet AGL.

To the extent that Petitioner is relying on the FAA’s “blanket COA” for mUAS operations,

Petitioner will operate its UA only at altitudes that do not exceed 200 feet AGL.

 Petitioner’s operation of its UA will be such that the UA remains within the VLOS

of the pilot-in-command (“PIC”) at all times.

 Petitioner’s mUAS will be maintained and inspected to ensure its condition furthers

safe operation. Petitioner’s inspection process will include a pre-flight inspection each time

Petitioner wishes to operate the mUAS.

 Petitioner will not operate at night.

 Petitioner will operate within 5 nautical miles of an airport only with specific

authority to do so.

 Petitioner’s mUAS is designed to return to a pre-determined location if the device

loses communications or senses low battery voltage.

 Petitioner’s mUAS operations will be conducted only over private or controlled access

property with permission from the property owner or other authorized representative.

Petitioner’s operation of mUAS under these conditions will be as safe and controlled as the

operations authorized in prior Section 333 Exemption grants, and Petitioner is committed to not

posing a hazard or threat to other aircraft (manned or unmanned), public safety, or national

security.
Eye in the Sky Inc.

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 3

Discussion of Specific FARs

Consistent with the growing number of Section 333 Exemption grants for aerial data

collection similar to that requested by Petitioner, here is a list of the FAR sections from which

Petition seeks exemption:

14 C.F.R. § 61.23(a) and (c)

14 C.F.R. § 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a)

14 C.F.R. § 61.3(a)

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.9(b)(2)

14 C.F.R. § 91.119(c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(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)

14 C.F.R. § 61.23(a) and (c)

This FAR requires that persons holding certain airman certificates also hold a certain class of

medical certificate. Consistent with other Section 333 Exemption grants, Petitioner requests that

the person operating Petitioner’s mUAS be permitted to hold a valid driver’s license issued by 

one of the fifty United States or the District of Columbia.

14 C.F.R. §§ 61.101(e)(4) & (5), 61.13(a), 61.113(a), 61.315(a)

These FARs, respectively, limit holders of recreational pilot certificates, private pilot certificates,

and sport pilot certificates to noncommercial operations. The prohibition on commercial 

activities for operators holding these airman certificates are logical for manned aircraft. For 

unmanned aircraft, however, the safety issues inherent in commercial activities are vastly 

different, as there are no passengers, there is no cargo, and the environment is controlled in an 

appropriate manner. Thus, consistent with other Section 333 Exemption grants, Petitioner 

requests that persons operating Petitioner’s mUAS be permitted to use the mUAS for the purpose 

of engaging in commercial activities.
Eye in the Sky Inc.

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 4

14 C.F.R. § 91.7(a)

This FAR prohibits the operation of an aircraft “unless it is in an airworthy condition.” 

Consistent with other Section 333 Exemption grants, Petitioner seeks permission to operate its 

unmanned aircraft without an airworthiness certificate, and Petitioner will engage in pre-flight 

inspections to ensure safe operation is possible.

14 C.F.R. § 91.9(b)(2)

This FAR requires that a flight manual be maintained in the aircraft. Compliance with this FAR

is impracticable in the context of an mUAS as there is no “cabin” or cockpit. Consistent with 

other Section 333 Exemption grants, Petitioner seeks permission to maintain the manufacturer’s 

manual (a hyperlink to which is provided above on page 2 of the instant petition) on the ground 

with the operator.

14 C.F.R. § 91.119(c)

This FAR prohibits the operation of aircraft below altitudes of 500 feet above the surface (except

over open water or sparsely populated areas) other than during takeoff or landing. Petitioner

proposes to operate its mUAS at altitudes of less than 400 feet above the surface, and requests

permission to so, consistent with other Section 333 Exemption grants.

14 C.F.R. § 91.121

This FAR requires the use of an altimeter during flight for purposes of maintaining the cruising

altitude or flight level of the aircraft. Petitioner will not make use of an altimeter in connection

with its mUAS operations. Instead, Petitioner’s mUAS will either rely on the use of GPS, 

internal

gyroscope, or operator adjustments to maintain the unmanned aircraft’s altitude or flight level.

Consistent with other Section 333 Exemption grants, Petitioner seeks a waiver of the requirement

relating to altimeter use or, in the alternative, a declaration that use of GPS would satisfy the

altimeter requirements.

14 C.F.R. § 151(a)(1)

This FAR restricts persons from beginning a flight in an airplane under VFR conditions unless

there is a certain amount of fuel in the aircraft. Petitioner proposes to deviate from this FAR

insofar as Petitioner, consistent with other Section 333 Exemption grants, will not begin a flight

unless there is sufficient power available for the mUAS operation to continue at least 5 minutes

beyond the intended duration of the flight.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417(a) & (b)

These FARs govern, inter alia, certain aircraft inspections, the return of aircraft to service after

maintenance, and certain maintenance record keeping and retention. Consistent with other 

Section 333 Exemption grants, Petitioner proposes to achieve an equivalent level of safety by

engaging in pre-flight inspections of its mUAS and any maintenance that is recommended by the 

manufacturer of the mUAS.
Eye in the Sky Inc.

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 5

Conclusion

Through this Petition, filed pursuant to Section 333, Eye in the Sky seeks an

exemption from the following FARs: 14 C.F.R. § 61.23(a) and (c); 14 C.F.R. § 61.101(e)(4) and

(5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2); 

14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.405(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).

Grant of this Petition and Section 333 Exemption, including waiver of the above-referenced

FARs, will permit Eye in the Sky to operate its mUAS in furtherance of its business

opportunities, including video production, photography, and other data-gathering activities. The

grant will result in a reduction of risk and concomitant enhancement of safety as compared to the

use of manned aircraft (such as a helicopter) for such activities. Unlike manned aircraft,

Petitioner’s UAS operations will not use combustible fuel, and Petitioner’s unmanned aircraft are

smaller, quieter, lighter, safer, and more cost-effective than manned aircraft employed for similar

purposes. Moreover, Petitioner’s mUAS operations will be in controlled airspace, away from

people, and in a safe environment. Accordingly, it is believed that such mUAS operations will be

at least as safe—and perhaps safer—than manned aircraft operations used for the same purposes.

Eye in the Sky respectfully requests that the FAA grant this Section 333 Exemption Petition 

using the “summary grant” procedure.

Should any questions arise during the course of your consideration of this Petition, kindly

contact the undersigned.

Respectfully submitted,

Joseph M. Davis

COO of Eye in the Sky Inc.

3820 Ron Rd

Green Cove Springs, FL 32043

904.838.5414

jmdavisiphone@att.net