U.S

.Department of Transportation Federal Aviation Administration
January 14 ,2 016

Mr. Theodore Wiggins Eagle Eye Aerial Video and Photography LLC 4750 Diamante Court Las Cruces, NM 88012 Dear Mr. Wiggins: Exemption No. I4399 800 In dependence Ave

. S W Wash 1ngton. DC 2059 1

Regulatory Docket No. FAA

- 20 1 5-5114

This letter is to inform you that we h ave granted your reque st for exemption. It transmits our decision , explains its bas i s, and gives you the conditions and limitations of the exemption. including the date it ends. By letter po sted to the public docket on October 28 , 2 015 , yo u petitioned the Federal Aviatio n 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, hom e contractors and or home inspector s for real estate marketing and inspection of home exteriors) as well as land sca pe , aerial mapping, surveying, search & rescue , special event and film production. See the docket, at V\"\V'\V.reu.u latio n s . gov , for the petition s ubmitted to the FAA describin g the proposed operations and the regulation s 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 Regi s ter becaus e the requested exemption wou ld not se t a precedent. and any delay in acting on this petition would be detrimental to the petitioner. Airworthiness Certification The UAS propo sed by th e petitioner is a 30 Robotic s So lo.In accordance with the statutory criteria provided in Section 333 ofPublic Law 112-95 in reference to 49 U
. S. C. § 44704 , and in cons ideration ofthe size, weight, speed, and limited operating area asso ciated w ith the aircraft and its operation, the Secretary of Transportation has determined tha t this aircraft meets the conditions of Section 333
. Therefore, the FAA finds that relief from 1 4 C FR part 21 , 

### Cert(fication procedures for products and parts, Subpart H- A irvvor f

hines s C ertificat es , and any associated noise certification and testing requirements ofpa rt 3 6, is not necessary. The Basis for Ou r Decisio n 2

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in ci r cums tances similar in all material respects to those presented in your petition. In Grants of Exemp tion 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 enhanc ed safety achieved using an unmanned aircraft (UA) with the specifications desc ribed by the petitioner and canying no passengers or crew, rather than a manned aircraft of si gnificantly greater proportions , carrying crew in addition to flammable fuel , gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed yo ur reas ons for requesting an ex emption , I find that

-
• They are s imil ar in all material re spects to relie f previously requested in Grant of Exemptio n Nos
. i 1 06 2 , 11109, 1 1 112 , 11213 , and 12645; • The reasons stated b y the FAA for granting Ex emption Nos. 11062 , 11109 , 11112, 11213 , and 12645 also H pply to the situation you pre sent; and • A grant of ex em ption 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 conta i ned 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 exempti on f ro m 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) a nd (b ) , to the extent necessary to allow the petitioner to operate a UAS to

1 Aerial data collection inclu des any remote sen s in g and mea s uring b y an in strument( s ) aboard the UA. Example s inc lude**imn ry**  ( p h otography , vi d eo , infra r e d , etc. ), electronic mea s urement (precision surveying, RF analysis , etc.) , chemical mea surement (particul ate me asu rement , etc . ) , o r any other gathering of data by instruments ab oard the LJA.

### perform aerial data collection. This exemption is subject to the conditions and limitations listed below. Conditions and Li mi tations 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 immedia te suspension or rescission of this exemption. 1. Operations auth orized 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 permitte d. 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 mu st be operated within visual line of sight (VLOS) of the PIC at all times
. This require s the PIC to be able to use human vision unaided by any device other than corrective lenses , as specified on the PIC ' s FA A-issued airman medical certificate or U.S. driver 's license. 6. All operation s 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 de s · 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 operatingdocuments 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 proc edures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed
. Otherwi se , 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, th e 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 foun d to be in a condition for safe flight. 11. The operatoc must follo w the UAS manufacturer's maintenance, overhaul, replacemen L
. inspection, and life limit requirements for the aircraft and aircraft components. 12. Each U AS ooerated under this exempti on must comply with all manufacturer safety bulle j 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 D istric t of Columbia, Puerto Rico , a territory , a possession, or the Federal5 government. T he 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 safe ly operate the UAS in a manner consistent with how the UAS will be operated under th is exemption, including evasive and emergency maneuvers and maintain ing 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, proficien cy, 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 e xemption are permitted under th e terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training , pro fi ciency , and experience-building flights, all persons not essential for flight oper ations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS opera tio ns 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 rul e s (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 wi th an ARP, the center of t he airpmi symbol as denoted on the current FAA-publi shed aeronautical chart, unless a letter of agreement with that airport ' s manageme :crc is obtai ned or otherwise permitted by a COA issued to the exemption holder
. The let ter o f 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 horizontall y from a cloud or when v isibility is less than 3 statute miles from the PIC. 18. For tethere d lJAS operations, the tefner line mu st have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth an d visib1e fro m at least one mile. This requirement for pennants or streamer s is n ot applicable when op erating exclusively below the top of and within 250 feet of 

### :.r1 y struc ture, so long as the UA operation does not obscure the lighting of the structur e. 

### 19. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a pre-determ med lo cati on within the privare or controlled-access property. 20. The PIC m u s l 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 con ditions ) there is eno ugh available power for the UA to conduct the intended op eration and to operate after that for at least 5 minutes or with the reserve power rec ommen ded by the manufacturer if greater. 22. Air Traffic Orga niz ation (ATO) Certificate of Waiver or Authorization (COA)
. All operations

**~ha ll**  be conducted in accordance with an ATO

-is sued 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, reg1stere ll in accordance wi1h 14 CFR part 47 , and have identification (N

- Numbc rl markings in accordance with 14 CFR part 45 , Subpart C. Markings must be as large a s pradicable. 24. Documents used by the operator to ensure the safe operation and flight of the UAS and any documc.:.1ts re qu ired under 14 C FR §§ 91.9 and 91.203 must be available to the PIC at the Gro und C ontro l Station of the UAS any time t he aircraft is operating. These docu ments must be made available to the Admini strator or any l aw enforcement official up o •1 request. 25. The UA mu st remain clear and give way to all manned av iation operations a nd activ itie s at all times. 26. The UAS n1 ay not be operated b y the PIC from any moving device or vehicle. 27. All Flight operations must be conducted at least 500 feet from all nonpat iicipa tin g persons,

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

a. Barriers or structures are present that suffic ie ntly protect nonparticipating persons from tk· U A
.. md/or debris in the event of an accident. The operator must ensure that n o . "! parti cipating persons remain under such protection. If a situa tion arises where • t onpa -ticipating persons leave such protectio n and are within 500 feet of the UA. flight operations must cease immediately in a manner ens uring th e safety of nonpm ticipating persons; and b. The O\\ ner/controller of any vessels, ve hicles , or structures has granted permis s ion for operating closer to those objects and the PIC has made a safety as ses sment of the risk of operating cioser to those objects and determined that it does n- .. 1

! pres ent an undue hazard. The PI C, V :.J. operator traine es or essential persons are not considered

**nonpar ti**  **ci p!.il~ng**  pe tsons un der this exemption
. 28. All operati cu s shall be conducted over pri vate or controlled

-access property with permi ssion from the property owner /controller or authori zed representative.Permission**~rom** prope11y own er/c ontroller or authorized representative will be obtained fo : · each t1ight to be conducted. 7

29. Any incide r,t. acc ident , or fl ight 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{, nt 8' ....£0V. If this exemp tion pe rmits operations for the purpose of closed-set motion picture and television filming and ptodllction, the following additional conditions and limitations apply. 30. The operato r must have a motion picture and television operations manual (MPTOM) as documen(L: d in this grant of exemption. 31. At least 3 day s before aerial filming , the operator ofthe UAS affected by this exemption must submit a writte n Plan of Activities to the local Flight Standards District O tT!ce (FSDO) withjurisdic ti on o ver 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 ofthe 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 lo c al oH i 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. Signatur e of exemption nolder or representative; and h. A desc ri ption of the flight activity, including maps or diagrams of any area, city, town, 1 :ounty , !in d/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 inv olved and necessary for the filming production, as specified in the exemption hoi der's MPTOM
. Unless otherwi se srwcifi.eJ in this g ra nt of exemption, the UAS, the U AS PIC, and the UAS operations mu st comply w 1th all applic able parts of 14 CFR including, but not limited to, parts 4 5, 47, 61, ar• . 1 91.8 This exempti on terminates on January 31 , 20 18 , un less sooner superseded or rescinded. Sincerely ,

John S
. Duncan Director, Flight

**St ~.md**  **ards** Service Enclosure