Background

On July 6, 2015, Physical Sciences Inc. (PSI) received a letter requesting the following: 

• The reasons why granting the request would be in the PUBLIC interest; that is, how it would 

benefit the PUBLIC as a whole 

• The reasons why the exemption would not adversely affect SAFETY or how the exemption 

would provide a level of SAFETY at least equal to that provided by the rule from which you 

seek and exemption 

This supplemental information for docket FAA-2015-1077 is provided to answer the above questions.

Requested Use of InstantEye sUAS

This exemption is requested to perform Research and Development, Aerial Surveys, Mapping, and 

Inspections that consist of still photographs, video, and other data obtained by onboard sensors.

Public Interest

Enhanced flight operations safety is in the Public Interest

Conventional aircraft performing the same Requested Use operations involve heavy, manned, fixed-wing 

aircraft or rotorcraft, possibly moving at high speeds, carrying combustible fuels/liquids and one or more 

crewmembers. Those operations can take place in environments that are congested and in the presence of 

the general PUBLIC. Incidents and accidents do occur, some of which have led to the loss of life of 

aircrews and persons on the ground, as well as property damage due directly to the event or subsequently 

from fire caused by the event.

By contrast, InstantEye is a small Unmanned Aircraft System (sUAS) that is an all-electric vertical-takeoff-and-landing (VTOL) vehicle weighing less than 1.5 lbs (including the payload), which poses little to 

no risk to people or property on the ground. InstantEye is hand-launched and recovered by the operator in 

the vicinity of where flight operations are to take place. InstantEye is primarily a hovering UAV platform,

designed to collect data from a multitude of sensor payloads from an operator-selected standoff location.

For commercial applications, InstantEye is typically configured to fly at less than 30 mph and below 400 

feet. Because of InstantEye’s small size (40 cm square), low mass (less than 1.5 lbs), low repositioning 

velocity (< 30 mph), and all-electric systems (no combustible fuels or fluids), it significantly reduces the 

risk to the vehicle operator and persons or property on the ground, providing ENHANCED FLIGHT 

OPERATIONS SAFETY, which is in the PUBLIC INTEREST.

Reduced operating costs compared to conventional aircraft is in the Public 

Interest

Conventional aircraft performing the same Requested Use operations are costly to own and operate, and 

thus the services provided can be very expensive on a dollars-per-hour basis. For example, a manned 

helicopter performing power line inspections can cost $600 to $1,200 per hour. The InstantEye system, on 
the other hand, is inexpensive to purchase and operate. A complete system including two aircraft, a 

ground control station, spare parts, batteries, and everything necessary for field operations has a retail 

price of $7,000. Payloads appropriate for the noted Requested Use can have capital costs of a few 

hundred dollars up to ~$6,000. For the Requested Uses, PSI has estimated the cost to operate to be 

between $120 to $300 per hour, depending on the specific service performed and the remoteness of 

operational area. The lower cost per hour of operation of InstantEye compared to conventional aircraft 

can: a) reduce the cost per survey, which is in the PUBLIC INTEREST (e.g., beach erosion studies 

conducted for the Corps of Engineers); b) lead to more frequent surveying, with an associated 

enhancement in data volume collected and actionable information derived, which is in the PUBLIC 

INTEREST (e.g., highway bridge inspections).

Reduced environmental impact compared to conventional aircraft is in the 

Public Interest

All conventional aircraft performing the same Requested Uses consume fuel, with the bulk component of 

the fuel being a nonrenewable resource. Not only does consuming these fuels negatively impact national 

energy security, they produce byproducts that are correlated with climate change. Because InstantEye is 

an all-electric vehicle, it has a significantly smaller impact on nonrenewable resource consumption and 

climate change, which are both in the PUBLIC INTEREST.

Equivalent or Improved Safety

Evidence of airworthiness

A critical element of the exemption application involves evidence of airworthiness, and InstantEye has 

been proven airworthy and received Certification with US Army Special Operations Command (Air 

Worthiness Release, AWR# IEMK220130521) and with the United States Navy (Air Worthiness 

Release, NAVYIFC202007Z JAN 15). In addition, on June 25, 2014, the FAA granted San Diego Gas 

&Electric a Special Airworthiness Certificate in the Experimental category for the InstantEye Mk-2. 

During this process the aircraft was proven to be in an airworthy condition and safe for the PUBLIC after 

a 3-day inspection process. 

Reference to previous exemptions for same sUAS system

This exemption request is similar in all material respects to relief previously granted through Exemption 

Nos. 11062, 11109, 11112, 11213, and 11238. In addition, the InstantEye Mk-2 sUAS has been granted 

exemption approval in Exemption Nos. 11217 and 11238. 

The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply 

to this situation. A grant of exemption is in the PUBLIC interest, and the exemption would not adversely 

affect SAFETY.

Size, materials and automatic flight safety

The InstantEye sUAS is an all-electric vertical-take-off-and-landing (VTOL) vehicle weighing less than 

1.5 lbs (including the payload). InstantEye is hand-launched and recovered by the operator in the vicinity 

of where flight operations are to take place. InstantEye is primarily a hovering UAV platform, designed to 

collect data from a multitude of sensor payloads from an operator-selected standoff location. For 

commercial applications, InstantEye is typically configured to fly at less than 30 mph and below 400 feet. 
Because of InstantEye’s small size (40 cm square), low mass (less than 1.5 lbs), low repositioning 

velocity (< 30 mph), and all-electric systems (no combustible fuels or fluids), it significantly reduces the 

risk to the vehicle operator and persons or property on the ground, providing ENHANCED FLIGHT 

OPERATIONS SAFETY, which is in the PUBLIC INTEREST.

The InstantEye sUAS requires that the aircraft and the GCS remain in constant communications at all 

times during flight operations. If for any reason the command and control RF link between the aircraft 

and the GCS is lost for more than 7 seconds, the aircraft will execute a lost communications procedure –

descend, land and shut down propulsion. If the aircraft is executing the lost communications procedure 

and the command and control link is reestablished, the operator can regain control of the system and 

recover normally. This robust lost communication procedure ensures that a “fly away” condition will not 

occur if the operator loses command and control link with the aircraft providing for SAFE FLIGHT 

OPERATIONS, which is in the PUBLIC INTEREST.

System Training 

All InstantEye operators receive flight training from the manufacturer (Physical Science Inc) or a 

designated Master Trainer who has received flight training from PSI. During the flight training course the 

student is thoroughly familiarized with the system, its operation and maintenance, and safe operations 

during normal and emergency situations. System training is divided into two parts: classroom instruction 

where the student learns details on the system; and flight operations where the student, a) becomes 

proficient in operating the aircraft, and b) demonstrates to the instructor that he/she can operate the 

system in normal and emergency situations. The training that each InstantEye operator receives ensures 

FLIGHT OPERATIONS SAFETY, which is in the PUBLIC INTEREST.

1. Exemptions requested per 14 C.F.R :

a. § 91.7(a) Civil Aircraft Airworthiness: No person shall operate a civil aircraft unless it is in 

an airworthy condition. On June 25, 2014, the FAA granted San Diego Gas & Electric a Special 

Airworthiness Certificate in the Experimental category for the InstantEye Mk-2. During this 

process the aircraft was proven to be in an airworthy condition and safe for the PUBLIC. In 

addition, InstantEye has been proven airworthy and received Certification with US Army Special 

Operations Command and with the United States Navy (Air Worthiness Release, AWR# 

IEMK220130521 and NAVYIFC202007Z JAN 15 respectively).

b. § 91.109 (a) Flight Instruction: No person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. InstantEye does not have dual controls; instead, InstantEye has a fully functioning 

Ground Control Station (GCS) which can be quickly passed from one operator to another if 

necessary. When flights are performed, no pilots will be on the aircraft and the InstantEye aircraft 

is maintained at a safe distance from the operator and the PUBLIC, causing no SAFETY hazard. 

The FAA has approved exemptions for flight training in the past without fully functional dual 

controls (see Exemption 5778K and 9862A). An equivalent level of SAFETY will be achieved by 

the manufacturer provided training – supporting documents are provided to the FAA as a 

proprietary document. In addition, all trainers are fully qualified pilots that are familiar with 

InstantEye operations via working and training the military, and all trainers have accumulated a 

vast number of flight hours on the InstantEye system. 

c. § 91.113 See and Avoid: Method for See-and-Avoid (§ 91.113). When weather conditions 

permit, regardless of whether an operation is conducted under instrument flight rules or 
visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to 

see and avoid other aircraft. The InstantEye sUAS is strictly a line-of-sight aircraft and will 

always be in constant contact with the operator and visual observer. See-and-Avoid will be 

conducted by the operator and vigilance shall be maintained by each operator so as to “see and 

avoid” any other aircraft. 

All visual observers will be qualified and understand the rules and responsibilities described in § 

91.111 (Operating near other aircraft), § 91.113 (Right-of-way rules: Except water operations), 

and § 91.155 (Basic VFR weather minimums). There will be no adverse impact to the PUBLIC

because each visual observer will be fully qualified. In addition, it will not adversely affect 

SAFETY because the visual observer will have constant eye contact with the aircraft at all times. 

This provides a level of SAFETY above and beyond what’s required in § 91.113.

d. § 91.119 Minimum Safe Altitudes, no person may operate an aircraft below the following 

altitudes: Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. PSI will never operate InstantEye higher than 

400ft AGL and will avoid congested or populated areas, posing no risk to the PUBLIC. This 

exemption will not adversely affect SAFETY because of the size, weight, speed, and material with 

which InstantEye is built (described above). Compared to manned aircraft that currently conduct 

market research, aerial surveys, mapping and inspections, this unmanned aircraft – which weighs 

less than 1.5lb and doesn’t carry flammable fuel – will pose far less risk than currently allowed 

with conventional aircraft. 

e. § 91.121 Altimeter settings: Each person operating an aircraft shall maintain the cruising 

altitude or fight level of that aircraft, as the case may be, by reference to an altimeter that is 

set to the appropriate station. The InstantEye sUAS uses barometric altitude pressure but does 

not program in an altimeter setting. The altitude is monitored by the operator and constantly 

watched by the visual observer. This exemption will benefit the PUBLIC because the visual 

observer and operator are in visual line of sight at all times, and will not pose any risk to the 

PUBLIC. 

f. § 91.151 (b) Fuel requirements for flight in VFR conditions: No person may begin a flight in 

a rotorcraft under VFR conditions unless there is enough fuel to fly to the first point on 

intended landing and, assuming normal cruising speed, to fly that for at least 20 minutes. 

The InstantEye sUAS is battery operated with a maximum flying time of 30 minutes. However, this 

poses no SAFETY risk because the takeoff point is also located at the landing point and will cause 

no SAFETY hazard to the PUBLIC. To ensure an equivalent level of SAFETY, the operator will 

ensure that there is sufficient reserve power to operate for at least 5 minutes beyond the time 

needed to conduct the operations. This is more than adequate to return the sUAS to its planned 

landing zone from anywhere in its operating area, mainly because the aircraft will always be line 

of sight. In addition, InstantEye carries no pilot, passenger, or cargo, so this also enhances 

SAFETY and is in the best interest of the PUBLIC. The FAA has granted similar exemptions to 

others, including Exemptions 2689F, 5745, 10673, 10808, and 11213. 

g. § 91.207 Emergency Locator Transmitters: No person may operate a U.S.-registered civil 

airplane unless there is attached to the airplane an approved automatic type emergency 

locator transmitter. The InstantEye sUAS does not use an ELT; all operations are VFR and in 

line of sight with a visual observer. 
This exemption will benefit the PUBLIC because the visual observer and operator are in line of 

sight at all times with the sUAS. In addition, if the sUAS needed to be located on the ground, the 

GCS will point to the sUAS to locate it and show range to the sUAS.

Conclusion

Due to the size, weight, speed, and material with which InstantEye is build, the grant of the requested 

exemption is clearly in the PUBLIC interest. In addition, based on the path in which Section 333 of the 

Reform Act is going, and the strong equivalent level of SAFETY surrounding our proposed operations; 

this will significantly benefit the PUBLIC by transitioning the cost saving for services such as aerial 

surveying, mapping and inspection applications from manned aircraft to sUAS. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without

delay.

Thank you for your time, and please direct all questions and concerns to Mr. Thomas Vaneck at 

PSI: vaneck@psicorp.com