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 REQUIREMENTS OF 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 LAW 112

- 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 c ommercial

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 a n d 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 Aer ial 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

, Provid ing 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 a uthoriz ation to

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

p roperty 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 petit ioner 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 ful ly 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 a void 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 marke t

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 videograph er and photograph er on the ground. I t will allow buyers of real estate to

see the full view of what they are in the market to purchase when viewing propert ies

. The buyer

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

will r eveal 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 prospect ive 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 fu ture.T he Federal, State and Local Laws to Fly UA S ’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 4 00 fe et 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 an d 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 lim its 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 Ph otography LLC UAS have a failsafe mode which

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

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

range which would ca use a signal interruption, or the UAS batteries go bel ow the minimum safe

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

safety.

Petitioner, Eagle Eye Aerial Video and Photography LLC , pursuant to the provisio ns 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 commercial ly operate the 3D Robotics Solo U nmanned A erial

S ystem 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 consi deration 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 certifi cate 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 ma intenance 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 t he 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 Photog raphy 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 : I t is requested by Eagle Eye Aeri al 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 Pr ivate Pilot Knowledge test wit h in the previous 24 calendar

months

• Maintain a FAA Class 2 Medica l

In addition the PIC w ill 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 Sol o UAS do es not require an airworthiness

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

Eagle Eye Aerial Video and Photogr aphy 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 b arometric 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

d

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

.

Th e altitude information displayed on the user interface (UI) in combin ation with

maintaining the 3D Robotics Solo UAS withi n 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 h as 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 UA S 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 t est 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 qua lity & 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 oper ating 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 requireme nts 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 cer tificate 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

airw orthiness, 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 cont rol 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 ful ly 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 Instruc tor to place the aircraft into ‘loiter’ mode ( fixed altitude stationary

hold) i n 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 t he n

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 sce narios 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 req uired, 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

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

through testing, in l ieu 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 Photograp hy LLC. Safety Operations:

Failsafe and Emergency Procedures

1. L oses C ommunications

• T he 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 P eople 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:

• S peed

• A ltitude• N umber of GPS satellites (when available)

• H eading

• V oltage.

6. R eturn

- to

- home (RTH)

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

returns automatically to the point of launch.

7. Altitude information

• T he UAS pilot receives telemetric data v ia 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 altimete r, 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 ( V LOS) only. The vehicl e will

always remain in direct V LOS 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 ac tual flight time.

4. Flights will be operated at an altitude of no more than 4 00 feet AGL.

5. Fireproof bags for storage and charging of high capacity Li P o batteries on

- site.

6. All UAS operated under this exemption will be marked in accordance with 14 CFR P art 45 or as otherwise authorized by the FAA.

Personnel:

1. Visual Observers (VO) will ensure safe operation s 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 prior to 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 permiss ion 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 (U A) 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 Appendix B. Proposed operations of any other aircraft will require a new petition

or a petition amendment to this request.

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

4. Flights must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as

indicated by the procedures specified in th e operator’s manual.5. A ll altitudes reported to ATC must be in feet MSL

.

6. The UA S 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

l enses, as specified on the PIC’s State issued identification license.

7. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be

able to communicate verbally at all times.

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 operator must follow the procedures as outlined in the operator’s

manual.

9. Prior to each flight the PI C 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 maintenanc e

has been performed and the UAS is found to be in a condition for 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 t he UAS that has undergone maintenance or alterations that affect the UAS operation or

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

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

functional test flight must make an entry in the UAS 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 manufac turer’s UAS aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements. When unavailable, aircraft

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

must be established and identified in the 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

• An y 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 ess ential 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.

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 model of UAS to be utilized for operatio ns 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 landingcurrency 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 op erations authorized by this petition of exemption, the PIC and VO must

have successfully c ompleted PIC and VO qualifications in order to conduct flight operations

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

t o 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 wil l 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 sup port 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 UA S will not be operated directly over any person, except authorized a nd consentin g

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 neces sary for the flight path operations. 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

ins pector’s evaluation of flight path area to note terrain features, 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 UA S loses communications or loses its GPS signal, the UA S must return to a pre

determined 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 obst acles 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 Certificate of Waiver or

Authorization (COA) prior to co nducting 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 accordanc e with this exemption must 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 must be as large as practicable.

24. The operator must d evelop 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 of the UAS. These procedures must be added

to the operator’s ma nual.

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 d iscrepancies, 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 comp ly with the Federal Communications Commission (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 r esponsible 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 conduc t the infrastructure inspection event;

the list of those who 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 t he 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 UA S must remain clear and yield the right of way to all other manned operations and

activities at all t imes (including, but not limited to, ultra l ight 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 meteor ological 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 UA S may not be operated less than 500 feet below or less than 2,000 feet horizonta lly

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 non

tower ed 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 agreemen t 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 report ed to the FAA’s UAS

Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National

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

www.ntsb.gov

. Further flig ht 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 for Exemption

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 c ontemplated 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

1 4 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 as well.

For example, 14 C.F.R. §91.417(a) imposes cer tain 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 n ot be required for§91.417(a).

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

Status:

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

for an airworthiness certif icate 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 cer tificate

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 wing or rotorcraft)

operating with an airworthiness certificate without the co nditions 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 an d 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 , an d 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 external load.

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 a n 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 an d 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 ai rcraft 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 evaluati on 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 wor k. Without an exemption, the pilot would be required to hold a commercial pilot

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 we ll 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 E agle 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 appreciabl e 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 fr om 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 50 0 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 o nly 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). Addi tionally, relief should not be needed from paragraph (a) because an emergency landing

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

surface. As noted in the explanation of why an exemption will not adv ersely 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 infrastr ucture 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 Alti meter 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.”

A s 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 lau nch 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

informatio n 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 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

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

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

and forecast we ather 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 Photog raphy 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 usi ng pre

- planned

flight paths (taking into 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 m uch 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 discrep ancies

repaired as prescribed in part 43 of this chapter;

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

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

unless

–

(1) It ha s 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 certificate in accordance with part 21 o f

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. H owever, 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

- m ail 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 operat ions. In general, UAS operations are intended to be 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 altitu des 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 K V motors, two clockwise rotating motors and two counterclo ckwise 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 batter y)

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. (50 0 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% RHAppendix C

***See Atta ched 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 Ph otography 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	Fl ight	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	tal k	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	TabletPower	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