Petition for Exemption, requesting relief from the FAA Modernization and Reform Act of 

2012, Public Law 112-95 FEB. 14, 2012, Section 333

Petitioner:

Theodore Wiggins

Eagle Eye Aerial Video and Photography LLC.

4750 Diamante Ct.

Las Cruces, NM 88012

PETITION FOR EXEMPTION OF

Eagle Eye Aerial Video and Photography LLC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTSOF TITLE 14 

OF THE CODE OF FEDERAL REGULATIONS

PART 21, SUB PART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a) (1), 91.409(a) (1) & (a) (2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF 3D ROBOTICS SOLO UNMANNED 

AIRCRAFT SYSTEMS PURDANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW112-95)
 Theodore Wiggins

 Eagle Eye Aerial Video and Photography LLC.

 4750 Diamante Ct.

 Las Cruces, NM 88012

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Dear Sir or Madam:

Eagle Eye Aerial Video and Photography LLC. (Theodore Wiggins) is filing a petition for 

an exemption seeking relief from the requirements of Title 14 of the Code of Federal Regulations 

Part 21, Sub Part H and Section §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a) (1), 91.409(a) (1) & (a) (2), AND 91.417(a) & (b) concerning commercial 

operation of the 3D Robotics Solo Professional Unmanned Aircraft System according to Section 

333 of the Federal Aviation Administration Modernization and Reform Act of 2012 (Public Law 

112-95)

This exemption will permit Eagle Eye Aerial Video and Photography LLC to operate a

Unmanned Aircraft System (UAS) for the commercial purpose of conducting 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 production and film 

and television production with in the National Airspace System (NAS). 

Granting this exemption to Eagle Eye Aerial Video and Photography LLC will allow 

buyers of the real estate market to view property from a different and broader angle, giving the 

buyer a greater perspective and seeing much more potential in a prospective property for sale. 

Providing high quality digital imaging and video content to clients, utilizing 3D Robotics Solo 

Unmanned Aircraft System (UAS).
Background Information and Aerial Operations

Eagle Eye Aerial Video and Photography LLC is a veteran owned and operated business. 

Eagle Eye is based in Southern New Mexico and became a Limited Liability Company on July 

16th, 2015 by the Secretary of the State of New Mexico. Eagle Eye Aerial Video and 

Photography will be conducting aerial video and photography of Real Estate Properties, 

Providing a topography landscape, and geographical view, aerial mapping, surveying, search & 

rescue, special event production and film and television production in the NAS. All aerial 

operations will be conducted with the permission of person(s) who have legal authorization to 

provide permission and will sign a Letter of Authorization to Record Video & Photography of 

property prior to any aerial operations being conducted.

Regulatory Basis for Exemption Request

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA 

may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is 

in the public interest. The FAA has imposed a separate requirement in its procedural regulations, 

providing that the petitioner shall explain why granting the exemption would not adversely affect 

safety or how the exemption would provide at least an equivalent level of safety as compliance 

with the underlying regulation. In this case, approval of this exemption would advance the public 

interest by significantly enhancing the safety and efficiency of market comparable and private 

events by allowing the UAS to accept the liability of the risks involved as the general public 

would attempt a duplicate result. As described more fully below, the requested exemption would 

permit the operation of UAS under tightly controlled conditions, thus ensuring that operations 

will not have an adverse impact on safety. The safety and accuracy that the UAS can accept 

allows the general public to avoid potential accidents, both private industry and commercial. It 

provides a more accurate layout so fair market values (FMV’s) may be determined in the lending 

and marketing process. By allowing the UAS to accept these tasks, it allows the property market 

and industry to thrive on a fair and level ground.

Granting Exemption it will not Adversely Affect Safety

Granting this exemption for Eagle Eye Aerial Video and Photography LLC will impact 

the public by reducing the carbon footprint, and reducing noise pollution. It will enhance safety

by keeping the videographer and photographer on the ground. It will allow buyers of real estate to 

see the full view of what they are in the market to purchase when viewing properties. The buyer 

will have the ability to inspect roof structures for damage without climbing on to the roof. This 

will reveal structure damage that may not be suitable or safe possibly leading to restructure later, 

or even giving one a greater perspective to seeing much more potential in a prospective property 

for sale.

Terrain mapping with the UAS will allow property owners to see potential problems with 

drainage around potential structures. Spotting these drainage problems prior to purchase can 

increase safety for the prospective buyer in the future.
The Federal, State and Local Laws to Fly UAS’S

Eagle Eye Aerial Video and Photography LLC will remain compliant with the federal, 

state and local laws to fly UAS. All UAS flights will be conducted during daylight hours and will 

not fly above 400 feet above the ground (ft. AGL). The UAS will be carried to all sites of 

operation. All UAS will not carry passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flight. Eagle Eye Aerial Video and Photography LLC will 

not fly the UAS within a congested area or within 5 nautical miles (nm) of any public airports 

(including heliports) and restricted/special use airspace. 

In the event an operation needs to be conducted closer to an airport, Eagle Eye Aerial 

Video and Photography LLC will inform the airport operator and/or airport air traffic control

(ATC) of the contemplated operation and will comply with any directions issued by ATC at that 

airport. Eagle Eye Aerial Video and Photography LLC will stay within the limits of airspeed and 

not exceeding 29 knots (15 m/s). Eagle Eye Aerial Video and Photography LLC will not fly any 

UAS weighing more than 55 lbs. Each UAS will be registered with the FAA and display 

registration markings.

All of Eagle Eye Aerial Video and Photography LLC UAS have a failsafe mode which 

activates the UAS return to home (RTH) feature so that the operator can ensure that the UAS does

not get out of visual line of sight (VLOS), whether it’s because the UAS got out of frequency 

range which would cause a signal interruption, or the UAS batteries go below the minimum safe

level. The UAS will activate the RTH feature and return to its home location to ensure public 

safety.

Petitioner, Eagle Eye Aerial Video and Photography LLC, pursuant to the provisions of 

the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform 

Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the 3D Robotics Solo Unmanned Aerial 

System in the National Airspace System (NAS), and for an exemption from the requirements of 

14 C.F.R §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with 

UAS operations the unmanned aircraft and its operation of 3D Robotics Solo UAS meets the 

conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. According to Eagle Eye Aerial Video and 

Photography LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to 

aircraft with an airworthiness certificate.

Eagle Eye Aerial Video and Photography LLC submits that the requested relief is proper 

since an equivalent level of safety will be ensured. Eagle Eye Aerial Video and Photography LLC 

will use experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the operating 

documents that is provided by the manufacture 3D Robotics for the Solo (i.e., Monthly 

Maintenance Log and 3D Robotics Solo Instruction Manual). Eagle Eye Aerial Video and 

Photography LLC will not make any modification outside of the manufacture original design of 

the 3D Robotics Solo.
Eagle Eye Aerial Video and Photography LLC will document and maintain all 

maintenance records for the 3D Robotics Solo UAS. Relief from certain requirements of Section 

61.113(a) and (b), entitled Private pilot privileges and limitations:

Pilot In Command: It is requested by Eagle Eye Aerial Video and Photography LLC to the 

extent necessary to allow a Pilot in Command (PIC) to operate the UAS with the 

minimums of the following:

• Successfully completed an FAA Accepted Private Pilot Ground School

• Passed the FAA Private Pilot Knowledge test within the previous 24 calendar 

months

• Maintain a FAA Class 2 Medical

In addition the PIC will need to demonstrate proficiency by meeting minimum currency 

requirements listed below within a 90-day period:

• One hour of flight time 

• 3 launch and recoveries

The PIC will need to safely operate the 3D Robotics Solo UAS in a manner consistent 

with this exemption, including demonstration of emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Eagle Eye Aerial Video and Photography LLC seeks relief from Section 91.7(a), entitled 

Civil aircraft airworthiness, because the 3D Robotics Solo UAS does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Eagle Eye Aerial Video and Photography LLC will ensure that the 3D Robotics Solo UAS 

is in airworthy condition, prior to every flight by determining that the UAS is in compliance with 

the operating documents (i.e., Monthly Maintenance Log, and 3D Robotics Solo Instruction 

Manual), and that the aircraft are in a condition for safe flight.

Eagle Eye Aerial Video and Photography LLC also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the 3D Robotics Solo UAS does 

not have the ability to adjust for barometric pressure variations. The 3D Robotics Solo UAS 

calibrates the barometric setting to represent AGL altitude. Changes in barometric pressure during 

the flight can produce inaccurate readings. If the 3D Robotics Solo sees a large altitude variation 

during flight the Solo will revert to GPS Altitude as a back up. 

The altitude information displayed on the user interface (UI) in combination with

maintaining the 3D Robotics Solo UAS within VLOS, will ensure a level of safety equivalent to 

Section 91.121. Additionally, Eagle Eye Aerial Video and Photography LLC seeks an exemption 

from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. This requirement of fuel would prevent the UAS from operations since the UAS has a 

maximum flight time of 20 minutes in perfect conditions.
Eagle Eye Aerial Video and Photography LLC submits that safety will not be affected by 

operation of the 3D Robotics Solo UAS during daylight hours in visual meteorological conditions 

(VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of 

approximately 20.5 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes.

Minimum requirements for the PIC on the 3D Robotic Solo UAS include:

1) 75-100 hours of logged UAS Flight Time including still and video capture

2) Have undergone a qualification process as specified in the Flight Operations & 

Procedures Manual consisting of a knowledge & skill test of the aircraft to be used.

3) Maintain an understanding of all associated pre-flight, in-flight and post flight 

checklists

Eagle Eye Aerial Video and Photography LLC intends to use a commercially available 

UAS. These UAS systems will be tested for quality & safety before being deployed to the field. 

The UAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. We have a routine maintenance schedule to verify that the UAS

will remain in safe and operational condition.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112---95 in reference to 49 

USC 44704, and in consideration of the size, weight, speed, and limited operating area associated 

with the aircraft and its operation, we request that this aircraft exemption meets the conditions of 

Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise 

certification and testing requirements of part 36, is not necessary.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the UAS, two-inch lettering will not be feasible. The UA will be identified by 

serial number, registered in accordance with 14 CFR part 47, and have identification (N--

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as 

practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

Eagle Eye Aerial Video and Photography LLC request is based on the fact that no airworthiness 

certificate will be issued for the UAS. Eagle Eye Aerial Video and Photography LLC UAS will 

not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on 

the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not 

necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available to 

inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding 

whether certain required documents may be kept at an unmanned aircraft’s control station,” dated 

August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is not 

necessary.
Notes Regarding: §91.109 Flight instruction; simulated instrument & certain flight tests 

Small UAS, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. Aircraft being considered for use by Eagle Eye Aerial Video and Photography 

LLC allow the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary 

hold) in the event of the student losing control, the UAS Instructor can quickly alternate 

equipment (equipment not in the hands of the student) place the aircraft into a mode that then 

allows the instructor to bring the aircraft back into control and back to the predetermined and/or 

safe landing location.

The 3D Robotics Solo UAS has a built in hardware in the loop (HiL) simulation system to allow 

the operator to practice real life scenarios to include but not limited to:

• Emergency procedures

• Basic flight controls

• Aerial photography 

• Aerial videography

Eagle Eye Aerial Video and Photography LLC does not describe training scenarios in which a 

dual set of controls would be utilized or required, i.e. dual flight instruction, provided by a flight 

instructor or other company-designated individual, that would require that individual to have fully 

functioning dual controls. Rather, Eagle Eye Aerial Video and Photography LLC evaluates the 

qualification of its PICs based on their experience with the UAS to be operated and verifies 

through testing, in lieu of formalized training. As such, Eagle Eye Aerial Video and Photography 

LLC does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b)

Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because Eagle 

Eye Aerial Video and Photography LLC operations will only be conducted within the secured 

area described herein.

Eagle Eye Aerial Video and Photography LLC. Safety Operations:

Failsafe and Emergency Procedures

1. Loses Communications

• The UAS will have capability to return to a pre-determined location within the Security 

Perimeter and land.

• Auto descent (landing) if battery were to drop lower than nominal level

2. Battery Failure

• All Flights will be terminated at 25% battery power reserve.

3. Loss of Live video

• The UAS Operator will terminate flight by initiating RTL because the operator has lost 

a level of safety and purpose of the UAS flight.

4. Collision with People of Property

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

5. On-Screen-Display (OSD)

• The OSD contains operating information to ascertain vehicle health at all times:

• Speed

• Altitude
• Number of GPS satellites (when available)

• Heading

• Voltage.

6. Return-to-home (RTH)

• Should Command and Control(C2) link failures occur (highly improbable), vehicle

returns automatically to the point of launch.

7. Altitude information 

• The UAS pilot receives telemetric data via a digital coded data feed, which downlinks

from the aircraft to a ground-based on-screen display. This altitude information will be

generated by equipment installed on board the aircraft, using GPS triangulation, or 

digitally encoded barometric altimeter, or any combination thereof. Prior to each flight, 

a zero altitude initiation point will be established and confirmed for accuracy by the

pilot.

Mechanical/Physical:

1. All flight operations will be conducted in visual line-of-sight (VLOS) only. The vehicle will

always remain in direct VLOS to the pilot, thus eliminating the concern of signal severance 

(flying behind objects/walls).

2. The UAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity LiPo batteries on-site.

6. All UAS operated under this exemption will be marked in accordance with 14 CFR Part 45 or 

as otherwise authorized by the FAA.

Personnel:

1. Visual Observers (VO) will ensure safe operations and act as a redundant set of eyes for

operator

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle

control/communication.

3. A pre-flight briefing will be conducted in regard to the planned UAS operations priorto flight 

operations. It will be mandatory that all personnel who will be performing duties within the

boundaries of the safety perimeter be present for this briefing.

4. The operator will obtain the consent of all persons involved in the UAS operations and ensure

that only consenting persons will be allowed within 100 feet of the flight operations.

5. Pilot and VO will at all times be able to communicate by voice.

6. Written permission from the relevant property holders will be obtained by signing 

Authorization to Record Video & Photography Property.

7. Pilot and VO will be trained in operation of UAS and will have up-to-date information on the 

UAS.

Operations:

1. The unmanned aircraft (UA) will weigh less than 55 pounds (25 Kg), Including energy

source(s) and equipment.

2. Operations authorized by this petition of exemption are limited to the following aircraft 

described in AppendixB. Proposed operations of any other aircraft will require a new petition

or a petition amendment to thisrequest.

3. The UAS may not be flown at a ground speed exceeding 50 knots.

4. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operator’smanual.
5. All altitudes reported to ATC must be in feetMSL.

6. The UAS 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 State issued identification license.

7. All operations must utilize a visual observer (VO). The VO may be usedto 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.

8. The operator’s manual included as Appendix C and this petition of exemption must be

maintained 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

operator’s manual, the conditions and limitations herein take precedence and must be 

followed. Otherwise, the operatormust follow the procedures as outlined in the operator’s

manual.

9. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight

using the pre-flight checklist. If the inspection reveals a condition that affects the safe

operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance 

has been performed and the UAS is found to be in a conditionfor safe flight. The Ground 

Control Station, if utilized, must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

10. If the UAS that has undergone maintenance or alterations that affect theUAS operation or

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with the operator’s manual. The PIC who conducts the 

functional test flight must make an entry in theUAS aircraft records of the flight. The

requirements and procedures for a functional test flight and aircraft record entry must be 

added to the operator’s manual.

11. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limitrequirements. When unavailable, aircraft

maintenance/component/overhaul, replacement, and inspection/maintenance requirements 

must be established and identified inthe operator’s manual. At a minimum, requirements for 

the following must be included in the operator’s manual:

• Power plant (motors);

• Propellers;

• Electronic speed controller;

• Batteries;

• Remote command and control;

• Ground control station (if used); and

• Any other components as determined by the operator;

12. The Pilot In Command (PIC) Must have logged the required information as set previous in 

the minimum requirements for a PIC

13. During training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PICmust operate the UA with

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

14. Prior to operations conducted for the purpose of infrastructure inspection, the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR§ 61.51(b), a minimum of 10

hours as UAS pilot operating the make and modelof UAS to be utilized for operations under 

the exemption and 5 take-off and 5 landings in the preceding 90 days.

Training, proficiency, experience building, and take-off and landing currency flights can be

conducted under this petition of exemption to accomplish the required flight time and 90 day

currency. During training, proficiency, experience building, and take-off and landing
currency 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. Prior to any flight operations authorized by this petition of exemption, the PIC and VO must 

have successfully completed PIC and VO qualifications in order to conduct flight operations.

A record of completion of this qualification process must be documented and made available

to the Administrator upon request.

16. Prior to operations conducted for the purpose of infrastructure inspection or flight

demonstration, administered by an operator, an approved and -qualified pilot must

successfully completed training, currencies, and it will be documented. This documentation 

must be available for review upon request by the Administrator. Because the knowledge and

airmanship test qualifications have been developed by the operator, and there are no

established practical test standards that support a jurisdictional FAA FSDO evaluation and

approval of company designated examiners, the petitioner will conduct these tests in

accordance with the operator’s manual.

17. The UAS will not be operated directly over any person, except authorized and consenting

personnel, below an altitude that is hazardous to persons or property on the surface in the 

event of a UAS failure or emergency.

18. Regarding the distance from participating persons, the operator’s manual has safety 

mitigations for authorized and consenting personnel. At all times, those persons must be 

essential to the operations. Regarding distance from nonparticipating persons, the operator

must ensure that no persons are allowed within 500 feet of the area except those consenting to

be involved and necessary for the flight pathoperations. This provision may be reduced to no

less than 200 feet if it would not adversely affect safety and the Administrator has approved

it. For example, an equivalent level of safety maybe determined by an aviation safety 

inspector’s evaluation of flight path area to note terrainfeatures, obstructions, buildings, 

safety barriers, etc. Such barriers may protect nonparticipating persons (observers, the public,

news media, etc.) from debris in the event of an accident.

19. If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the security perimeter and land or be recovered in accordance 

with the operator’s manual.

20. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator’s manual.

21. Each UAS operation must be completed with 25% battery power remaining.

22. The operator must obtain an Air Traffic Organization (ATO) issued Certificateof Waiver or

Authorization (COA) prior to conducting any operations under this petition of exemption.

This COA will also require the operator to request a Notice to Airman (NOTAM) not more

than 72 hours in advance, but not less than 48 hours prior to the operation.

23. All aircraft operated in accordance with this exemption must be identifiedby serial number,

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings

in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

24. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service ofthe UAS. These procedures must be added 

to the operator’s manual.

25. The UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

26. The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: 

a. The preflight inspection must account for all discrepancies, i.e. inoperable components,

items, or equipment, not covered in the relevant preflight inspection sections of the 

operator’s manual.
b. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal CommunicationsCommission (FCC) 

or other appropriate government oversight agency requirements.

c. At least three days before scheduled UAS flight as contracted by any party, the operator

of the UAS affected by this exemption must record a plan of activities. The plan of 

activities must include at least the following:

a) Dates and times for all flights;

b) Name and phone number of the operator for the UAS operations conducted

under this petition of exemption;

c) Name and phone number of the person responsible for the on-scene

operation of the UAS;

d) Make, model, and serial or N-number of UAS to be used;

e) Name UAS PICs involved in the flight event;

f) A statement that the operator has obtained permission from property

owners and/or local officials to conduct the infrastructure inspection event; 

the list of thosewho gave

g) Signature of exemption-holder or representative; and permission must be 

made available to the inspector upon request;

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

city, town, county, and/or state over which flight path will be conducted 

and the altitudes essential to accomplish the operation.

27. The documents 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 upon request.

28. The UAS must remain clear and yield the right of way to all othermanned operations and

activities at all times (including, but not limited to, ultra light vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).

29. 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 

special visual flight rules (SVFR) are not authorized.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. The UAS may not be operated less than 500 feet below or less than 2,000feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.

The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of agreement with

the airport management must be made available to the Administrator upon request.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of 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 the National 

Transportation Safety Board (NTSB) perinstructions contained on the NTSB Web site: 

www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or

transgression is reviewed by AFS-80 and authorization to resume operations is provided.
Support for Petition forExemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, Eagle Eye Aerial Video and 

Photography LLC provides the following information:

Contact Information

Eagle Eye Aerial Video and Photography LLC

Theodore Wiggins

4750 Diamante Ct.

Las Cruces, New Mexico 88012 

804-539-1547

eagleeyeavp@gmail.com

Regulatory Provisions from which Eagle Eye Aerial Video and Photography LLC seeks an

Exemption

Eagle Eye Aerial Video and Photography LLC believes it may need an exemption from the

following provisions to conduct the contemplated operations. In some instances, relief is needed

because relief from another provision renders compliance with the regulation at hand infeasible.

333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1)&(2)

14 C.F.R. §91.417(a)&(b)

Eagle Eye Aerial Video and Photography LLC believes an exemption is only needed from the

above-listed regulatory provisions. To the extent that the FAA believes that additional relief is

required for Eagle Eye Aerial Video and Photography LLC to conduct the operations described

here, we request an exemption from any such regulatory provisions aswell.

For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as

applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met and

will require an exemption, Eagle Eye Aerial Video and Photography LLC believes a separate

exemption should not be required for§91.417(a).

The Extent of Requested Relief and the Reasons Relief isNeeded Section 333 Aircraft Exemption

Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft fromthe requirement 

for an airworthiness certificate based on a consideration of the size,weight, speed, operational 

capability of the particular UAS, as well as its proximity to airports and populated areas. An

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate

in the areas and under the conditions contemplated by Eagle Eye Aerial Video and Photography

LLC will be at least as safe, or safer, than a conventional aircraft (fixed wingor rotorcraft)

operating with an airworthiness certificate without the conditions proposed in this request.

The UAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and

operates exclusively within a secured area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by the operator and observer. Operations will

be conducted in compliance with the FAA and with local public safety requirements to provide

security for the area of operation as is now done with conventional equipment, infrastructure,
bridge, and building evaluation. These safety enhancements provide an expanded degree of safety 

to the inspectors over conventional operations. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS, due to its size, 

speed of operation, location of operation, lack of explosive materials and inability to carry a 

substantial externalload.

Given the size and limited operating area associated with the aircraft to be utilized by the

Applicant, this meets the requirements of an equivalent level of safety under Part 11 and Section

333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement

for an airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate,

in the restricted environment and under the conditions proposed will be at least as safe, or safer, 

than a conventional aircraft(fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or

property for compensation or hire; nor may that person, for compensation or hire, act as pilot in 

command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Eagle Eye Aerial Video and Photography LLC anticipates initially using a cadre of specially

trained staff to conduct the UAS operations. While these individuals will not hold commercial

pilot licenses. The UAS will not carry property for compensation or hire since they will be used

solely to assist in evaluation of market comparable for real estate purposes and private party

contracts; however, the employees’ operation of the UAS will not be incidental to their

employment with Eagle Eye Aerial Video and Photography LLC. and they will be compensated

for such work. Without an exemption, the pilot would be required to hold a commercialpilot

certificate under §61.133. However, the risk associated with the contemplated operations is less

than the risk posed by a traditional aircraft. The UAS will fly at altitudes well below the

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a

geographical envelope under the sole control of Eagle Eye Aerial Video and Photography LLC. 

clients.

Accordingly, the risk would be limited to Eagle Eye Aerial Video and Photography LLC., 

personnel, who will be appropriately outfitted in safety gear, and Eagle Eye Aerial Video and 

Photography LLC. client’s property on the ground. Requiring a commercial pilot certificate would

provide no appreciable safety benefit and would needlessly impose additional cost on Eagle Eye 

Aerial Video and Photography LLC. Because the contemplated operations would not comply with 

§61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both

paragraphs (a) and (b).
14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes:General.

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

following altitudes:

(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.

Eagle Eye Aerial Video and Photography LLC submits that the only relief it requires from

§91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph

(c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is

insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened

risk of collision with another aircraft, safety can only be assured through the grant of an

exemption. The anticipated rotorcraft operations should be adequately addressed by paragraph (d) 

(1). Additionally, relief should not be needed from paragraph (a) because an emergency landing 

of the aircraft due to a power failure will not create anundue hazard to persons or property on the

surface. As noted in the explanation of why an exemption will not adversely affect safety, Eagle 

Eye Aerial Video and Photography LLC clients has exclusive use of the land over which the

sUAS will be operated, and public access is restricted. It also has exclusive use of significant

portions of land adjacent to the infrastructure and structures that will be the objects of evaluation

and analysis. Eagle Eye Aerial Video and Photography LLC Clients tightly control access to land

and have the ability to assure that no individuals unassociated with the planned operations are on

the affected land. As such, the risk of injury is minimal.

Eagle Eye Aerial Video and Photography LLC does not contemplate conducting operations over

congested areas, so relief is not requested from paragraph (b). 

14 C.F.R. 91.121

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate

altimeter setting available before departure.”

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by the operator,

pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on

the GPS altitude indicator before flight.

Altitude information will be provided to the UAS pilot via a digitally encoded telemetric data 

feed, which downlinks from the aircraft to a ground-based on-screen display.This altitude

information will be generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination

thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot.

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFRconditions.

(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–
During the day, to fly after that for at least 30minutes.

(b) No person may begin a flight in a rotorcraft under VFR conditionsunless (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.

Operating the UAS in a pre-defined area with less than 30 minutes of reserve

fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of

fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event 

of unanticipated conditions.

Eagle Eye Aerial Video and Photography LLC does not intend to use the UAS for point-to-point 

flights and will not operate the UAS beyond visual line of sight. Nor will the UAS require an

airport in order to land.

Rather, Eagle Eye Aerial Video and Photography LLC will operate the UAS using pre-planned 

flight paths (takinginto account weather conditions) designed to allow the UAS to fly to the point

of intended landing. As such, there is no need for a time- based excess fuel requirement. Rather it 

should be sufficient to require only as much additional excess flight capacity as necessary to

safely land the UAS.

We believe that a 25% battery reserve is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between

required inspections, except as provided in paragraph (c) of this section, have discrepancies

repaired as prescribed in part 43 of this chapter;

§91.407 Operation after maintenance, preventivemaintenance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergonemaintenance, rebuilding, or alteration 

unless –

(1) It has been approved for return to service by a person authorized under

§43.7 of this chapter;

§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 certificatein accordance with part 21 of 

this chapter.

§91.417 (a) & (b)
Eagle Eye Aerial Video and Photography LLC believes that an exemption from these three

maintenance requirements is appropriate because the FAA has not developed maintenance

standards that would allow an operator to meet the part 91 maintenance requirements. In

particular, there are no individuals authorized by the FAA to approve a UAS for return to service 

under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections

required by §91.409(a).

Eagle Eye Aerial Video and Photography LLC will maintain the aircraft as instructed in the

owner’s manual and ASTM F2909, where applicable, and will not operate the aircraft until it has

reasonably determined that any needed repairs have been made. However, because of the technical

impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we

believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address

provided above should you have any questions or concerns.

Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register should the FAA determine that publication is needed.

Petitioner: Theodore Wiggins of Eagle Eye Aerial Video and Photography LLC Sections of 14 

C.F.R. Affected:

333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status,14 C.F.R.,

61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and

91.417(a)&(b) to conduct UAS operations over Eagle Eye Aerial Video and Photography LLC 

Client’s owned or controlled land, solely during daylight hours, to assist in the safe evaluation and

analysis of infrastructure and operations. In general, UAS operations are intended tobe conducted

in areas remote from both congested areas and airports. The nature of

operations anticipated by Eagle Eye Aerial Video and Photography LLC requires that the UAS be

flown at relatively low altitudes Eagle Eye Aerial Video and Photography LLC expects that in

most instances, the UAS will be flown less than 75 feet from the highest structure along the path

of the UAS and in no instances will be flown higher than 200 feet above the ground. Accordingly,

the risk of interference with other aircraft is minimal.
Appendix B

UAS to be operated and registered by FAA for the commercial use by Eagle Eye 

Aerial Video and Photography

3D Robotics Solo

The 3D Robotics Solo specifications:

Autopilot: 3DR Pixhawk 2

Flight code: ArduPilot Copter

Control: 3DR Solo Controller

Wireless communication: 3DR Link 1.0

Frequency: 2.4 GHz

Height: 10 in. (25 cm)

Motor-to-motor dimension: 18 in. (26 cm)

Propulsion: 880 KV motors, two clockwise rotating motors and two counterclockwise rotating 

motors

Propeller: 10 in. x 4.5 in. (25 cm x 11.4 cm)

Weight with battery: 3.3 lbs. (1.5 kg)

Controller battery life: 3 hours

Extended controller battery life: 6 hours

Controller battery: Li-ion 2600 mAh 7.2 Vdc (5200 mAh for extended battery)

Power: Electric (rechargeable lithium polymer battery)

Battery: Lithium polymer, 5200 mAh, 14.8 Vdc

Battery weight: 1 lb. (.5 kg)

Estimated flight time: 25 minutes*

Maximum altitude: 328 ft. (100 m)

Range: .5 miles (.8 km)
Payload capacity: 1.1 lbs. (500 g)

Cruise speed: 5.7 mph (2.5 m/s)

Maximum speed: 55 mph (25.5 m/s)

Maximum climb rate: 11 mph (5.0 m/s)

Maximum descent rate: 5.5 mph (2.5 m/s)

Headwind limitation: 25 mph (11 m/s)

Crosswind limitation: 25 mph (11 m/s)

Camera: Streaming video compatible with GoPro® HERO 3, 3+ or 4 

Full compatibility with GoPro® HERO 3+ or 4

Solo app compatibility: iOS 8.0 or later / Android 4.3 or later

Operating temperature: 32° F - 113° F (0° C - 45° C)

Operating relative humidity: 0-85% RH
Appendix C

***See Attached PDF for 3D Robotics Owners Manuel***
Appendix D

RE: Authorization to Record Video & Photography Property

I, __________________________________, legal seller and/or representative, authorize and give 

permission to Eagle Eye Aerial Video and Photography Team to record video and photograph the 

property commonly known as:

________________________________

________________________________

The recorded video and photography is to be used in a manner consistent with the current real estate 

marketing strategies and advertising techniques.

Sincerely,

_____________________________

Print Name

_____________________________

Signature

_____________________________
Appendix E

Pre-Flight	Checklist

Flight	Operations	Location:____________________________________

Pilot:______________________________________

Date:______________________________________

T-3	Site Survey

Weather Check

Site	Survey	with	Spotter

Ensure	Authorization	to	Record	Video	and	Photograph	Property	is	signed	by	Representative

T-1	Flight	Prep

Weather Check

3D	Robotics	Solo	Flight	Prep/	Maintenance	Checks

Charge	all	Batteries	to	100%

T-0	Day	of	Flight	Operations

Weather	Report:	Time:_______	Wind:______	Humidity:_______	KP	Index:________	Temp:______	

Precipitation:______

Conduct	walk	around	of	Flight	Area

Identify	Potential	Hazards	with	Spotter

Locate	safe	Launch	&	Landing	Area

Set	Spotter	(Spotter	may	change	location	due	to	filming	angle)

Secure	all	pets

Request	all	Non-essential	Personnel	and	Bystanders	to	remain	behind	pilot	and	not	to	talk	to	pilot

Unpack	all	Equipment

Layout	helipad	and	Safety	cones

Place	Solo	on	helipad	and	connect	1	fully	charged	battery

Power	up	Solo

Power	up	Solo	Remote

Power	up	Tablet
Power	up	GoPro

Launch	Solo

Conduct	Flight	Operations	and	filming

Land	Solo	in	Designated	Landing	Area

Power	down	Solo

Power	down	GoPro

Power	down	Solo	Remote

Power	down	Tablet

Record	Flight	in	Flight	Log

Conduct Post	Flight	Inspection	of	Solo

Pack	up	all	equipment