VIA FDMS 

Ms. Cheryl Collins 

Program Manager, Docket Operations 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590 

April 15, 2015 

RE: Eye On Construction, PLLC – Petition for Exemption Under Section 333 of the FAA 

Modernization and Reform Act of 2012 

Dear Ms. Collins: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, and the 

referenced sections of 14 C.F.R., Eye on Construction, PLLC (EOC) seeks an exemption from 

Federal Aviation Regulations that restrict operations of small Unmanned Aircraft System (sUAS) 

within the National Airspace System (NAS) for commercial use. EOC is dedicated to employing 

skilled Pilots In Command (PIC) and Visual Observers (VO) who will operate under FAA 

guidelines along with additional restrictions noted below; 

 All operations will be at altitudes less than 400 feet above ground level. 

 All flights will take place during daylight hours 

 All flights will be in Class G airspace 

 The UAS we select for these operations weigh less than ten (10) pounds 

 Each aircraft is equipped with safety devices that prevent the aircraft from being 

operated beyond visual sight distances 

 Both a PIC and VO will be assigned to each flight 

 Flight logs and Maintenance Logs will be maintained for every flight 

 UAS aircraft will not be operated within 5 NM of an airport 

The requested exemption would allow EOC to offer its customers economical and 

reliable documentation of field conditions. The documentation will support engineering 

calculations and certifications to regulatory agencies for construction of surface water 

management features, assessment of environmental impacts to sensitive wetlands, and provide 

biological monitoring during construction. We see tremendous opportunities to perform 

efficient and reliable evaluations that will help protect and preserve the public health and 

welfare. 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 2

We submit that the combination of the aircraft's light weight and the additional safety 

measures we employ while utilizing a fully qualified flight crew, the FAA can have confidence 

that the operation will have an equivalent or greater level of safety of manned aircraft 

performing the same mission. 

 

The Name and Contact Information of the Applicant is: 

 

Eye On Construction PLLC 

Attn: David C. Romano, P.E. 

8852 Cypress Hammock Drive 

Tampa, Fl. 33614 

Ph.: (239) 201-0567 

Email: EyeOnConstruction@gmail.com 

 

We are prepared to modify or amend the Alternate Method of Compliance (AMOC) that is 

presented in this request for an exemption to satisfy the need for an equivalent level of safety. 

We look forward to working with your office. Please contact us at any time if you require 

additional information or clarification. 

Respectfully Submitted, 

Eye On Construction, PLLC 

David C. Romano, P.E. 

President
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 3

EXEMPTION REQUEST for Title 14 C.F.R. Regulations

Eye On Construction, PLLC (EOC) requests an exemption from the following regulations 

that may technically apply to the operation of a small Unmanned Aircraft System (sUAS) in the 

National Airspace System (NAS) for commercial purposes. 

The regulations from which the exemption is requested are as follows: 

 

- 14 CFR Part 21 

- 14 CFR 91.203(a) (b) 

- 14 CFR 45.23 

- 14 CFR 45.29 

- 14 CFR 91.9 

- 14 CFR 91.109 

- 14 CFR 91.119 

- 14 CFR 91.121 

- 14 CFR 91.151 

- 14 CFR 91 Subpart E, Section 91.409 

DESCRIPTION OF AIRCRAFT 

The small Unmanned Aircraft Systems (sUAS) proposed by EOC for aerial survey and 

reconnaissance include the following make and models: 

 Manufacturer: DJI Technologies Model: Phantom 2 

 Manufacturer: Guangzhou Walkera Technology Model: Tali 500, and Scout X4 

Specifications for each of these are included in Appendix A. 

Training/Experience of Pilot In Charge 

EOC employs experienced private pilots for operating its Unmanned Aircraft Systems. These 

pilots have been trained in US facilities for the armed forces or have been flying much of their 

lives as private pilots for recreational purposes. The training level is commensurate with Title 14 

Subpart N, Section 121.424. This is reinforced with training for each individual UAS in 

accordance with the manufacturers’ User’s Manual. 

Visual Observers will be utilized during each flight and will be predominantly other PICs. They 

will be required to have an annual physical and vision test. Correction of vision for both the PIC 

and VO will be required when results indicate less than 20/20 results. 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 4

14 CFR Part 21 Certification Procedures for Products and Parts 

Subpart H: Airworthiness Certificates This subpart prescribes procedural requirements for the 

issue of airworthiness certificates. 

EOC is requesting exemption from Part 21, subpart H in that the small Unmanned 

Aircraft System (sUAS) that will be used for the proposed commercial operations does not carry 

persons or property, will not carry fuel, and will only fly under limited weather conditions and 

strict operational requirements. The Pilot In Charge (PIC) will conduct pre-flight checks that 

include an evaluation of weather conditions, distance and location of nearest aviation facility, 

aircraft readiness, location of bystanders, and method of communication with Visual Observer. 

Combined with the light weight of the aircraft and built in safeguards, we propose that the 

sUAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing 

the same mission. 

EOC requests an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in the previous 

paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

 (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate 

used to comply with this subparagraph (except a special flight permit, a copy of the applicable 

operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air 

carrier manual required by parts 121 and 135 of this chapter containing that portion of the 

operations specifications issued under §21.197(c), or an authorization under §91.611) must 

have on it the registration number assigned to the aircraft under part 47 of this chapter. 

However, the airworthiness certificate need not have on it an assigned special identification 

number before 10 days after that number is first affixed to the aircraft. A revised airworthiness 

certificate having on it an assigned special identification number, that has been affixed to an 

aircraft, may only be obtained upon application to an FAA Flight Standards district office. 

(2) An effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§47.31(c), or a registration certification issued under the laws of a foreign country. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew." The small dimensions of the 

aircraft, the fact that it does not have an entrance, and is not capable of carrying passengers or 

crew, prohibit it from carrying documentation. 

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

documents identifying the aircraft’s owner and operator will be co-located with the crew at the 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 5

ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the similar information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard: 

EXAMPLE 

Manufacturer: DJI Registered to: 

Model: Phantom Vision Eye On Construction, PLLC 

Serial Number: XXXXX If found please call: (239) 201-0567 

45 FR Part 45 Identification and Registration Markings 

Section 45.23 Display of marks; general and 45.29 Size of marks. 

(a) Each operator of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in the marks displayed 

must also be a Roman capital letter. 

(b) When marks include only the Roman capital letter “N” and the registration number 

is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least two inches high. The type and model of sUAS chosen our 

operations do not have an entrance and are of such small size that they will not accommodate 

a registration number of this size. 

Additionally, we feel that the permanent placard discussed in the previous paragraph 

will provide the aircraft's registration information should it be found on the ground. Finally, we 

will display at the ground station a high contrast flag or banner that contains the words 

"Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will 

operate within 1/2 NM of the ground station, the banner should be visible to anyone that 

observes the aircraft and chooses to investigate its point of origin. 

14 CFR 91.9 General Operating and Flight Rules. 

91.9 (a) Civil aircraft flight manual, marking, and placard requirements. 

(a) Except as provided in paragraph (d) of this section, no person may operate a civil 

aircraft without complying with the operating limitations specified in the approved Airplane or 

Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating 

authority of the country of registry. 

This regulation provides that no person may operate an aircraft unless a current, 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 6

approved flight manual is in the aircraft. We assume that the intent of this requirement is to 

ensure that flight manual information is available to the aircrew while operating the aircraft. 

We request an exemption to this requirement since the aircraft is not only too small to carry 

documentation; the documentation would not be available to the crew. 

To obtain an equivalent level of safety and meet the intent of 91.9 (a), we propose that 

a current, approved sUAS User’s Manual (Appendix B) must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91 General operating and Flight Rules 

Section 91.109 Flight instruction; Simulated instrument flight and certain flight tests. 

(a) 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. However, 

instrument flight instruction may be given in an airplane that is equipped with a single, 

functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, 

dual controls, when—

(1) The instructor has determined that the flight can be conducted safely; and 

(2) The person manipulating the controls has at least a private pilot certificate with 

appropriate category and class ratings. 

The regulation provides that "No person may operate a civil aircraft that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." The ground control 

stations established for each flight of our sUAS include a small handheld guidance systems and 

a visual monitor; while they do not offer a second set of "controls", the PIC will control the 

flight of the sUAS while a VO monitors the altitude and relative location of objects. This 

scenario allows the PIC to concentrate on aeronautical maneuvers while the VO can focus on 

gathering data specific to the flight. We feel that this technique meets the intent 91.109 and 

provides an equivalent level of safety. 

14 CFR 91 General operating and Flight Rules 

Section 91.119 Minimum safe altitudes: General. 

Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

The regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 1000 feet to any person, vessel, vehicle, or structure. Since the aircraft 

will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement. 

To provide an equivalent level of safety we will only fly over private property with the 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 7

permission of the land owner. The land owner will be briefed of the expected route of flight 

and the associated risks to persons and property on the ground. We maintain that due to the 

small size of the sUAS, the hazard to persons, vessels, vehicles, and structures is not 

comparable to manned aircraft and should be considered in granting the exemption. 

The aircraft will not be operated over congested areas or over any open air assembly of 

persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface. 

14 CFR 91 General Operating and Flight Rules

Section 91.121 Altimeter settings

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure. 

 This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting of the departure airport or an available station within 100 nautical miles of the 

aircraft. The sUAS aircraft will fly below 400 feet AGL and will not need to maintain 

hemispherical cruising altitudes in order to de-conflict with other aircraft. As such, an 

appropriate altimeter measurement presented to the pilot should be Above Ground Level and 

should be based on the barometric pressure at the point of launch. To provide an equivalent 

level of safety, the UAS's altimeter will be set to zero on the ground prior to every flight. 

14 CFR 91 General Operating and Flight Rules 

Section 91.151 Fuel Requirements for Flight in VFR Conditions. 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed— 

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended 

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

 

VFR flight is based on the principle of “see and avoid.” The presumption made in 

establishing the basic VFR weather minimums is that aircraft flying at lower altitudes (i.e., 

below 10,000 MSL) and/or in airspace with radar approach control and/or an operating control 

tower (i.e., Class B, C, and D airspace) will be moving more slowly, or that they will be under 

positive control. Consequently, these aircraft do not need as much flight visibility or as much 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 8

distance from clouds to see and avoid other traffic. The regulation provides that no person may 

begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the 

first point of intended landing and to fly after that for at least 30 minutes. We feel the 

intention of this paragraph is to provide a reserve of energy as a safety buffer for go-arounds 

and other delays to landing. 

The sUAS we intend to deploy are battery operated and the maximum duration of flight 

from a single battery charge is 25 minutes. Since the aircraft will only be flying in Class G 

airspace and will never fly more than 1/2 nm from the point of intended landing we feel that 

our actions will provide a level of safety that is intended in Section 91.151. A full battery charge 

at launch will ensure that we meet the reserve energy requirement of this paragraph. 

14 CFR 91 General Operating and Flight Rules 

Subpart E Maintenance, Preventive Maintenance, and Alterations 

91.409 Inspections 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had— 

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. 

No inspection performed under paragraph (b) of this section may be substituted for any 

inspection required by this paragraph unless it is performed by a person authorized to perform 

annual inspections and is entered as an “annual” inspection in the required maintenance 

records. 

(b) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

carrying any person (other than a crewmember) for hire, and no person may give flight 

instruction for hire in an aircraft which that person provides, unless within the preceding 100 

hours of time in service the aircraft has received an annual or 100-hour inspection and been 

approved for return to service in accordance with part 43 of this chapter or has received an 

inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. The 100-hour limitation may be exceeded by not more than 10 hours while in route to 

reach a place where the inspection can be done. The excess time used to reach a place where 

the inspection can be done must be included in computing the next 100 hours of time in 

service. 

This regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 

and 91.409 require that the aircraft be "approved for return to service by a person authorized 

under 43.7" after maintenance and inspection. It is our intention that the PIC perform 

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return 

to service." 

The PIC will ensure that the aircraft is in an airworthy condition prior to flight and will 

conduct detailed inspections after every flight. Maintenance performed by the PIC will be 

entered into a Maintenance Log; these activities will include replacing modular components, 

checking connections, and updating software and firmware. All other maintenance will be 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 9

performed by the manufacturer or his representative. We feel that due to the size, 

construction, and simplicity of the aircraft, the actions of the PIC detailed in the preceding 

paragraph will provide a level of safety equal to the intent described in Section 91.406 and 

91.409. 
Request for Exemption 

Eye On Construction, PLLC 8852 Cypress Hammock Drive Tampa Florida 33614 10

APPENDIX A – UAS Specifications 

Phantom 2 Users Manual, Scout X4 Users Manual, Walkera Users Guide 
DJI Phantom Vision - Specifications

Walkera Scout X4 – Specifications

Walkera Tali 500 – Specifications