U.S. Department 

of Transportation 

Federal Aviation 

Administration 

January 14,2016 

Mr. Theodore Wiggins 

Eagle Eye Aerial Video and Photography LLC 

4750 Diamante Court 

Las Cruces, NM 88012 

Dear Mr. Wiggins: 

Exemption No. I 4399 

800 Independence Ave . S W 

Wash1ngton. DC 2059 1 

Regulatory Docket No. FAA- 2015-5114 

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 posted to the public docket on October 28, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Eagle Eye Aerial Video and Photography LLC 

(hereinafter petitioner or operator) for an exemption. The petitioner requested to operate an 

unmanned aircraft system (UAS) to conduct aerial video and photography of real estate 

properties (for homeowners, realtors, home builders, home contractors and or home inspectors 

for real estate marketing and inspection of home exteriors) as well as landscape, aerial 

mapping, surveying, search & rescue, special event and film production. 

See the docket, at V\"\V'\V.reu.ulations.gov, 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 is a 30 Robotics Solo. 
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 ofthe 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 , Cert(fication procedures for products and parts, 

Subpart H-Airvvorfhiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary. 

The Basis for Our Decision 

2 

You have requested to use a UAS for aerial data collection1

. 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), 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA- 2014-0642), and 12645 to Allied Drones (see Docket No. FAA-2014-0804), the FAA 

found that the enhanced safety achieved using an unmanned aircraft (UA) with the 

specifications described by the petitioner and canying 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 U AS 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. i 1062, 11109, 11112, 11213, and 12645; 

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

and 12645 also Hpply 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(£), 40113, and 44701 , 

delegated to me by the Administrator, Eagle Eye Aerial Video and Photography LLC 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)(l), 91.405(a), 91.407(a)(1), 91.409(a)(l) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

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

Examples include imn ry (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 LJA. 
perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below. 

Conditions and Limitations 

3 

In this grant of exemption. Eagle Eye Aerial Video and Photography LLC 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 3D Robotics Solo 

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 des·ignated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PlC 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 H1ust be accessible dming UAS operations and made available to the 

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

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 Integr<:.tion Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

4 

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 t1ight prior to conducting fmther operations under this exemption. 

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

least 500 fed 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 t1ight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condilion for safe t1ight. The pre-t1ight 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 hom operating until the necessary maintenance has been performed and the 

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

11. The operatoc must follow the UAS manufacturer's maintenance, overhaul, 

replacemenL. inspection, and life limit requirements for the aircraft and 

aircraft components. 

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

safety bullej ns. 

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

commercial, priva'.:e, 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 
5 

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

14 CFR § 6 1.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

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 appro?riate distances from persons, vessels, vehicles, and structures. PIC 

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

14 CFR § 61.51 (b). Flights fm· the purposes of training the operator's PICs and VOs 

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

safely operhte 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 speci:ti '.'isual t1ight 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 airpmi symbol as denoted on the current 

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

manageme:crc 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 Admi::1istrator or any law enforcement official upon request. 

17. The UA · not ·oe 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. For tethered lJAS operations, the tefner line must have colored pennants or streamers 

attached at not more than 50 foot intervals beginning at 150 feet above the surface of 

the earth and visib1e from at least one mile. This requirement for pennants or 

streamers is not applicable when operating exclusively below the top of and within 

250 feet of :.r1y structure, so long as the UA operation does not obscure the lighting of 

the structure. 

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

pre-determmed location within the privare or controlled-access property. 

20. The PIC musl aboll the flight in the event ofunpredicted obstacles or emergencies. 
21. 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 5 minutes or with the reserve 

power recommended by the manufacturer if greater. 

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

operations ~hall be conducted in accordance with an A TO-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 ofthe enclosed COA. 

6 

23. All aircraft nperated in accordance \:S.'ith this exemption must be identified by serial 

number, reg1sterell in accordance wi1h 14 CFR part 47, and have identification 

(N- Numbcrl markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as pradicable. 

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

any documc.:.1ts 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 upo•1 request. 

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

activities at all times. 

26. The UAS n1 ay not be operated by the PIC from any moving device or vehicle. 

27. All Flight operations must be conducted at least 500 feet from all nonpatiicipating 

persons, ve!: ~els, vehicles, and structures unless: 

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

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

that no."!parti cipating persons remain under such protection. If a situation arises 

where •tonpa-ticipating persons leave such protection and are within 500 feet of 

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

of nonpmtici pating persons; and 

b. The O\\ ner/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 cioser to those objects and determined that it 

does n-.. 1! present an undue hazard. 

The PIC, V :.J. operator trainees or essential persons are not considered 

nonparti ci p!.il~ng petsons under this exemption. 

28. All operaticus shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 
Permission ~rom prope11y owner/controller or authorized representative will be 

obtained fo:· each t1ight to be conducted. 

7 

29. Any incider,t. accident, or flight operation that transgresses the lateral or vertical 

boundaries c f 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 Lbe National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: \V\\'V{,nt8'....£0V. 

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

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

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

as documen(L:d in this grant of exemption. 

31. At least 3 days before aerial filming, the operator ofthe UAS affected by this 

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

District OtT!ce (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 incluL.c at ltast the following: 

a. Dates r•iH.i n11~s for all f1ights; 

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

under 1 !lis grant of exemption; 

c. Name m:c.1 phone number of the person responsible for the on-scene operation of 

the U/\S; 

d. Make, r=.1odel, and serial or N-Number of UAS to be used; 

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

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

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

who ga,·e permission must be made available to the inspector upon request; 

g. Signature of exemption nolder or representative; and 

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

town, 1:ounty, !ind/or state over which filming will be conducted and the altitudes 

essenti...tl to accomplish the operation. 

32. Flight open.1.; nns may be conducted closer than 500 feet from pm1icipating persons 

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

exemption hoider's MPTOM. 

Unless otherwise srwcifi.eJ in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply w1th all applicable parts of 14 CFR including, but not limited to, 

parts 4 5, 4 7, 61, ar• .1 91. 
8 

This exemption terminates on January 31 , 2018, unless sooner superseded or rescinded. 

Sincerely, 

John S. Duncan 

Director, Flight St~.mdards Service 

Enclosure