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 FA A 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 Co nstruction, PLLC 8852 Cypress H ammock 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.

Pr esident

## Request for Exemption

Eye On Co nstruction, PLLC 8852 Cypress H ammock 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.

V isual 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 Co nstruction, PLLC 8852 Cypress H ammock 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 Co nstruction, PLLC 8852 Cypress H ammock 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) W hen 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 par ag raph 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 fl ag 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 Co nstruction, PLLC 8852 Cypress H ammock 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

sc enario 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

p rovides 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 Co nstruction, PLLC 8852 Cypress H ammock 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 Co nstruction, PLLC 8852 Cypress H ammock 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
fr om 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

Su bpart 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 Co nstruction, PLLC 8852 Cypress H ammock 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 Co nstruction, PLLC 8852 Cypress H ammock Drive Tampa Florida 33614 10

APPENDIX A

–

UAS Specifications
Phantom 2 Users Manual, Scout X4 Users Manual, Walkera Users GuideDJI Phantom Vision

- SpecificationsWalkera Scout X4

– Specifications

Walkera Tali 500

– Specifications