November 24 , 2015

Ey e 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 Ey e 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 Ey e in the Sky

Inc. (“Petitioner” or “Ey e 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** Ey e in the Sky

is a design and media production studio based in Green Cove Springs, FL. Ey e in the Sky offers a variet y of design, marketing, and production services to clients, including video production and photography . Ey e in the Sky wishes to incorporate micro unmanned aircraft sy stems (“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 sub stantially 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 Clay co, Inc. (see Do cket No. FAA −2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA −2014−0382), and 11213 to Aery on Labs, Inc. (see Docket No. FAA −2014−0642)

— such that this Petition qualifies for “summary grant” treatment under the FAA’s policy

announced and implemente d in earl y April 2015 and without need for the FAA to solicit public comment on this proposal. Moreover, the specific mUAS proposed to be used b y 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 Clay co, 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 variet y of tool s for its media production, marketing, promotions, special events, and photograph y 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 collec tion. Without a grant of the instant Petition, Ey e in the Sky ’ s ability to grow and compete in the growing market for UAS video photograph y and production services will be limited and suffer from competitive imbalance. Without a grant of the instant Petiti on, Petitioner will be forced toEye in the Sky Inc.

Petition for Exemption Pursuant to Section 333 Ju ly 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 y ears. Grant of the instant Petition would serve the public interest b y allowing for economic growth and the safe introduction by

Petitioner of mUAS video and photograph y s ervices into the marketplace prior to the conclus ion 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.y

uneec.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 rel yi ng 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 oper ation of its UA will be such that the UA remains within the VLOS of the pilot

- in

- command (“PI C”) 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 propert y 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 securit y.Eye in the Sky Inc.

Petition for Exemption Pursuant to Section 333 Ju ly 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 b y 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. § 61.1 13(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 r equires 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 driv er’s license issued b y one of the fift y 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 safet y issues inherent in commercial activit ies are vastl y 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 Ju ly 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 operatio n 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 h yperlink 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 rel y on the use of GPS, internal gy roscope, 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 sufficie nt power available for the mUAS operation to continue at least 5 minutes bey ond 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 o f its mUAS and any maintenance that is recommended b y the manufacturer of the mUAS

.Eye in the Sky Inc.

Petition for Exemption Pursuant to Section 333 Ju ly 14, 2015 Page 5 **Conclusion** Through this Petition, filed pursuant to Section 333, Ey e 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. § 9 1.151(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 Ey e in the Sky to op erate its mUAS in furtherance of its business opportunities, including video production, photograph y, 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 a ircraft (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 emp loy ed for similar purposes. Moreover, Petitioner’s mUAS operations will be in controlled airspace, away from people, and in a safe environment. Accordingl y, 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. Ey e 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 Pet ition, 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