# Attention: U.S. Department of Transportation Federal Aviation Administration Docket Operations 1200 New Jersey Ave, SE Washington, DC 20590

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

Birdseye Drone Service , LLC Cody Joe Cochran 28346 Plank Rd Guys Mills, Pa 16327March 14, 2016

Attention: United States of America Department of Transportation Federal Aviation Administration Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Exem ption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam, Birdseye Drone Service is a m ultim edia services provider aiming to provide its clientele with high quality digital content for a variety of commercial, public, and private uses. Birdseye Drone Service desires target projects requiring aerial photography and/or videography for such purposes as:
Real estate and private property aerial photography and/or videography Developm ent progress recording Agriculture and land surveying Event documentation Cinem atography Structural inspection Advertising and/or public awareness projects News gathering services Live video feed to assist with search and rescue operations by reques t of local authorities
Birseye Drone Service , LCC (the Petitioner) seeks an exemption from the requirements of: 14 C.F.R. § 21 subpart H 14 C.F.R. 45.23 14 C.F.R. 61.113(a) & (b)14 C.F.R. 91.7

14 C.F.R. 91.9 14 C.F.R. 91.103 14 C.F.R. 91.105 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(b) 14 C.F.R. 91.203 14 C.F.R. 91.405(a) 14 C.F.R. 91.407(a)(l) 14 C.F.R. 91.409(a)(1) & (a)(2) 14 C.F.R. 91.417(a) & (b).

The petitioned relief would permit the operation of the DJI Phantom 3 Standard UAV (unmanned aerial vehicle) systems by the Petitioner for compensation or hire within the National Airspace System (NAS). As described more fully below, granting Birdseye Drone Service exem ption of these requirements would provide a level of safety at least equal to existing rules. The portion below, titled “Explanation of Exemption Requests by Section,” describes these safety measures, as well as the extent of relief sought, and why.

**Unm anned Aircraft System**  **s:** Phantom 3 Standard system s are vertical takeoff and landing, unmanned aircraft platforms, with ground control stations (GCS) utilizing electronic tablet or

sm art phone. The UAVs are equipped with four main rotors; driven by Li thium Polym er battery powered electric motors.

The DJI Phantom 3 Standard maxim um gross weight is approximately 2 pounds 13 ounces; 19in length x 19.25in width x 7.75in height dimensions; 35.8m ph m axim

um speed.
The DJI flight controller has a number of technological capabilities to demonstrate its airworthiness. In the event of a GPS signal loss, the UASs (unm anned aircraft systems) will lock in its position and automatically go to ATTI (attitude) mode and rem ain stable. Loss of connection to the remote control transmitter causes the vehicle to immediately rise or descend toa preset, safe altitude and return to its home point (default: initial takeoff location)

and land in a controlled manner. **Petition:** Birdseye Drone Service , LLC, pursuant to the provisions of the Federal Aviation Regulation (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 allow Neu Heights Media, LLC to commercially operate the DJI Phantom 3 Standard UASs in the National Airspace System , and for an exemption from the requirements of 14 C.F.R. § 21 subpart H, 45.23, 61.113(a) & (b), 91.7, 91.9, 91.103, 91.105, 91.119, 91.121, 91.151(b), 91.203, 91.405(a ), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), so long as such operations are conducted with and under the conditions outlined herein, or

as m ay be established by the FAA as required by Section 333.

**Explanation of Exemption Requests by Section:**

**14 C.F.R. § 21, Subpart H** Subpart H, entitled Airworthiness Certificates , establishes requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). The Federal Aviation Act and Section 333 both authorize the FAA to exempt aircraft from the requirem ent of an airworthiness certificate, upon consideration of its size, weight, speed, maneuverability, and proximity to areas such as airports and dense populations. The UA Ss operated by Birdseye Drone Service , meet the requirements for an equivalent level of safety under Part 11 and Section 333 of the Reform Act. Analysis of the above criteria show that UASs 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. Birdseye ’s UASs operate with a wei ght less than 50lbs fully loaded, carry neither a pilot or passengers, carry no explosive materials or flammable liquid fuels, and operate exclusively within a designated area, at least 5 mi les from

any airport and more than 3 miles from densely populated areas. This poses no credible threat to national security.

**14 C.F.R. § 45.23** Applicable codes of the Federal Regulation require aircraft to be marked according to certain specifications. These regulation provide that each aircraft must display “N” and t he aircraft’s registration number in letters no smaller than 2 inches in height. In addition, aircraft categorized as “Limited,” “Restricted,” “Light

- Sport,”“Experim ental,” or “Provisional” must display such titles near each entrance to a

cabin, cockpit, or pilot s tation. UASs by definition, are unm anned. Even though the UASs will have no airworthiness certificate, an exemption may be needed as the UA syste ms operated by Birdseye Drone Service do not have cabins, cockpits, or pilot stations on which to mark certain words or phrases. Furthermore, 2 inch letters are difficult to place on such small aircraft with surfaces smaller than mi nim al lettering requirement s. Regardless, Birdseye Drone Service will mark its UASs in the largest possible lettering by plac ing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. § 45.29(f) so that the pilot, or anyone assisting the pilot as a spotter with the UAS will see the markings.

**14 C.F.R. § 61.113(a) & (b)** 14 C.F.R. § 61.113(a) & (b) state that no perso n that holds a private pilot certification may act as pilot in command (PIC) for compens ation or hire. Birdseye Drone Service asserts that since the UASs will not carry a pilot or passengers on board, the proposed operations will not adversely affect safety. In support of this position, it cannot be assumed that private pilot or commercial pilot certifications, with approval to operate a rotorcraft or fixed wing aircraft, provide superior knowledge or dexterity in the operation an unmanned aerial system, th an one without certification, especially at heights less than 400ft above ground level (AGL). Since there are no current standards for either private or commercial UAS pilot certificates, knowledge of airspace regulations and the skills developed from hand s

- on operation of UASs will be the most important factors in meeting the required equivalent level of safety.

**14 C.F.R. § 91.7** Section 91.7, entitled Civil Aircraft Airworthiness , states: (a) “No person may operate a civil aircraft unless it is in an airworthy condition. (b) “ The pilot in com

mand of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.” Exem ption from

the airworthiness certification requirement under 14 C.F.R. § 21 renders 91.7(a) inapplicable, therefore an exemption is ne eded. However, Birdseye Drone Service will follow all safety and inspection procedures outlined by the original equipment manufacturer (OEM) to determine airworthiness. The operator will determine airworthiness of the UASs by conducting preflight and post

- flight inspections. If at any time the operator deems the UAS unairworthy, the aircraft will be grounded immediately, until all proper repairs have been made. The UAS will undergo a test flights after such repairs, to ensure functionality, before it is returned to commercial operations.**14 C.F.R. § 91.9**

Civil Aircraft Flight Manual, Markings, and Placard Requirements asserts that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The aircra ft operated by Birdseye Drone Service do not have the ability or space to carry such a flight manual, n or is there a pilot on board. It can be assumed that the intent of the regulation is to ensure the accessibility of manual information to the aircrew while operating the craft. To obtain an equivalent level of safety and meet the intent of 91.9, the required documents w ill be available to the PIC, administrator, and any law enforcement officials the ground control station.

**14 C.F.R. § 91.103** Birdseye Drone Service , LLC seeks an exemption from the requirements of Section 14 C.F.R. § 91.103, entitle Preflight Action , as FAA approved rotorcraft flight m anuals are not provided for the aircraft. The PIC will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions required by the DJI owner’s manual. These actions will provide an equivalent level of safety.

**14 C.F.R. § 91.105** Section 91.105, entitled Flight Crewmembers at Stations requires that pilots and crewmembers of the aircraft utilize safety harnesses. Because Birdseye Drone Service operates unm anned aerial vehicles controlled from the ground, the operator has no need to wear a seatbelt while flying. It is Birdseye Drone Servi ce belief that because the PIC is safely on the ground, any inflight turbulence does not affect the safety and physical ability of the PIC. In comparison to a manned aircraft, a ground station controlled aircraft reduces the risk of injury to crew members during operations and the unlikely event of a crash.

**14 C.F.R. § 91.119** Section 91.119 establishes safe altitudes of operation for civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum prescribed heights, under certain conditions, provided that the individual operating complies with any route or altitudes recommended by the FAA. The UASs operated by Birdseye Drone Service are multi

- rotor craft that fly similarly to helicopters, with vertical takeoff and landing. Operations will be conducted below the 400ft AGL threshold, within the perime ter of properties that Birdseye Drone Service has pre

obtained owner consent. The only except to this limit would be if the UASs are utilized to survey or photograph a structure whose height exceeds 400ft AGL. Asother vehicles would not be conducting oper ations close to the examined structure,

no flight path interference would occur. Exem ption will be needed as some operations of the UAS will included the videography and photography of persons, vessels, vehicles, or structures at less than a 500ft distanc e. All flights however, will be pre

- planned to prevent being conducted over individuals and property that are not participates in, or have knowledge of the operation. Compared to the flight operations of larger craft, weighin g far more than those flown by Birdseye Drone Service , any risks associated with the UASs operations is far less than those posed by helicopters and other conventional craft flying 400ft AGL, carrying flammable and explosive fuel. In addition, the l ow

- altitude and relatively close struc ture proximity operations of Birdseye Drone Service delivers a decreased overlap of flight paths between the UASs and conventional aerial vehicles.

**14 C.F.R. § 91.121** Birdseye Drone Service , LLC seeks exemption from the requirements of 14 C.F.R. § 91.1 21 as the UAV systems do not have typical barometric altimeters onboard. Section 91.121 requires each person operating an aircraft to maintain cruising altitude by referencing an altimeter that is set “to the elevation of the departure airport or an approp riate altimeter setting available before departure.” Relief from this section, entitled Altimeter Settings , may be required to allow flight operations of the DJI Phantom 3 Standard UASs, which utilize barometric pressure sensors, GPS equipment, and radio c ommunications telemetry data links to transmit altitude inform ation from

the UAS to the GCS. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level, rather than the local barom etric pressure or field altitude. This information is available for use by the PIC to actively monitor the craft’s flight path. Combined with Birdseye Drone Service operation of the UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivale nt to 14 C.F.R. § 91.121.

**14 C.F.R. § 91.151(b)** Fuel Requirements for Flight in VFR Conditions (Section 91.151), part b, submits that no person may begin a flight in a rotorcraft under VFR (visual flight rules) conditions unless there is sufficient fuel to fly to the first point of intended landing,

assuming norm al cruising speed, and fly after that point for at least an additional 20 minutes. Relief from this requirement is requested by Birdseye Drone Service
, as the petitioned operations of the LLC would become impractical. The UASs operated by Birdseye Drone Service are limited in their flight tim es per battery. Under normal conditions, the flight times average approximately 20 minutes. In order to provide an equivalent level of safety in relation to the additional 20 minuterequired, the Phantom 3 Standard provide audible and visual warnings to th e PIC

at the GCS when the UASs experience low battery voltage. The first warning occurs at approximately 33% remaining power, and an additional at 10%. Based upon the projected power needed to safely return to the initial takeoff point while leaving additi onal power for emergency circumstances, the UAS automatically activates a Return to Home feature. With this feature, the rotorcraft adjusts its altitude to a preset, safe altitude, and lands back at the initial point of liftoff. In addition to these fuel p recautions, Birdseye Drone Service will only operate the UASs during daylight hours in visual meteorological conditions (VMC), under visual flights rules. The nature of the UAS operations are believed to not adversely affect safety, as the rotorcrafts will always be flown within line of sight, ensuring that a landing can be made within seconds or minutes. Additionally, the ability to takeoff or land vertically allows the DJI systems to land on virtually any flat surface.

**14 C .F.R. § 91.203**  The Phantom

3 Standard platform s operate at weights less than 50lbs and without an onboard pilot. As such, there is no ability to place or carry certification and registration documents, or to display them on the UAS as Section 91.203 describes in pertinent part. An equ ivalent level of safety will be achieved by keeping these docum ents at the ground control station where the UAS pilot or local authorities will have immediate access to them.

**14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b)** Birdseye Drone Service requests relief from Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), which establish maintenance requirements that apply to aircraft with airworthiness certificates. Since the UAV System s operated, the DJI Phantom 3 Standard , meet the requirements for

exem ption from

airworthiness certificates, these maintenance requirements do not apply. However, Birdseye Drone Service will use trained technicians to perform maintenance, alterations, or preventative maintena nce on the UASs using the methods, techniques, and practices prescribed by the UAS manufacturer. Additionally, each UAS will be inspected before and after each operation. The preflight inspection will account for any discrepancies, such as inoperable

com po nents or equipment. Flight will not be initiated if the inspection reveals any conditions that would adversely affect the safety of operations. Any UAS that has undergone maintenance or alterations that affects its operation or flight characteristics, will undergo a functional flight test before returning to service. Birdseye Drone Service will follow the manufacturer's UAS requirements relating to com ponents, m aintenance, overhaul, replacement, inspection and life limits.Record of all maintenance and alte rations will be kept. In seeking this exemption,

the Petitioner submits that an equivalent level of safety to the regulatory maintenance and alteration requirements of the quoted sections are met

.

**Conclusion** To reiterate, the Petitioner, Birdseye Drone Service , seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit the safe operation of the DJI Phantom 3 Standard UASs for compensation or hire, without airworthiness certificates, for the purpose of conduction aerial photography, videography, and inspections over certain areas of the United States. By granting this petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing the Petitioner to safety, efficiently, and economically operate the UAVs commercially within the NAS. Therefore, in acc ordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Birdseye Drone Service
, LLC respectfully requests that the Administrator grant this petition for an

exem ption from

the requirem ents of 14 C.F.R. § 21 subpart H, 45.23, 61.113(a) & (b), 91.7, 91.9, 91.103, 91.105, 91.119, 91.121, 91.151(b), 91.203, 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), permitting the Petitioner to operate the DJI Phantom 3 Standard commercially.

Respec tfully submitted, Cody J Cochran March 14 , 2016**Appendices:**

A

– DJI Phantom 3 Standard Specifications Data Sheet B

– Birdseye Drone Service , LLC Preflight and Mission Checklist C

– Monthly Maintenance Log

APPENDIX

– A DJI Phantom 3 Standard Aircraft Weight (Including Battery and Propellers) 1280g Diagonal Size (Including Propellers) 590mm Max Ascent Speed 5m/s Max Descent Speed 3m/s Hover Accuracy Vertical: +/

- 0.1m (when Vision Positioning is active) or +/

- 0.5m Horizontal: +/

- 1.5m Max Speed 16m/2 (ATTI mode, no wind) Max Altitude Above Sea Level 6000m Operating Temperature 0°C to 40°C GPS Mode GPS/GLONASS Cam era Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) Lens FOV 94° 20mm (35mm format equivalent) f /2.8, focus at ∞ ISO Range 100

- 3200 (video) 100

- 1600 (photo) Shutter Speed 8s

– 1/8000s Im age Max Size 4000 x 3000 Still Photography Modes Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/5 Bracketed Frames at 0.7EV Bias Ti me

- lapse Video Recording Modes: UHD: 4096x2160p24/25, 3840x2160p24/25/30 FHD: 1920x1080p24/25/30/48/50/60 HD: 1280x720p24/25/30/48/50/60 Supported SD Card Types Micro SD Max Capacity: 64GB. Class 10 or UHS

- 1 rating required Max Bitrate of Video Storage 60 Mbps Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG

- 4 AVC/H.264) Operating Temperature 0° to 40°C Gim bal Controllable Range Pitch

- 90° to +30°Stabilization 3

- axis (pitch, roll, yaw)

Vision Positioning Max Velocity Less than 8m/s (when 2m above ground) Altitude Range 30cm

- 300cm Operating Range 30cm

- 300cm Operating Environment Surface with clear pattern and adequate lighting (Lux > 15) Remote Controller Operating Frequency 2.400GHz

- 2.4 83GHz Max Distance 2000m (outdoors and unobstructed) Video Output Port USB Operating Temperature 0° to 40°C Battery 6000 mAh LiPo 2S Mobile Device Holder For tablet or phone Receiver Sensitivity (1%PER)

- 101dBM ± 2dBm Transmitter Power (EIRP) FCC: 2 0dBm CE: 16dBm Working Voltage 1.2A@7.4V Battery Charger Voltage 17.4V Rated Power 100W Intelligent Flight Battery Capacity 4480mAh Voltage 15.2V Battery Type LiPo 4S Energy 68Wh Net Weight 365g Max Flight Time Approximately 23 minutes Operating Temperature

- 10° to 40°C Max Charging Power 100W App/Live View Mobile App DJI Go EIRP 100mW Power Spectral Density 6.9mW/MHz Live View Working Frequency 2.4GHz ISM Live View Quality 720P@30fps (depending on conditions and mobile device) L atency 220m s (depending on conditions and mobile device) Required Operating Systems iOS 8.0 or later Android 4.1.2 or laterRecommended Devices *iOS iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad

Air Wi

- Fi + Cellular, iPad mini 2, iPad mi ni 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus *Android: Samsung tabs 705c, Samsung S6, Samsung S5, Samsung NOTE4, Sam sung NOTE3, Google Nexus 9, Google Nexus 7 II, Ascend Mate7, Nubia Z7 mi ni, SONY Z3 EXPERIA, MI 3, MI PAD *Support for additional Android devices available as testing and development continues

APPENDIX

– B **Birdseye Drone Service Preflight Checklist**  1. Remote controller, intelligent battery, and tablet/smartphone are fully charged.
2. Propellers are undamaged and correctly mounted.
3. Aircraft inspected and no conditions affecting safe operations exist.

4 . Gimbal clamp has been removed (Phantom 3 Standard)

5 . Damping absorbers are in good condition

6

. Check for Proper battery temp in DJI Go App

7 . Micro

- SD card has been inserted

8 . Gimbal is functioning normally

9 . Motors can start and are properly functioning

10 . DJI GO App can connec t to the camera

11 . UAS on

- board compass calibration has been successfully completed

12 . Weather satisfactory and projected to raise as such during operation

13 . Distance from nonparticipating persons is at least 500ft

14 . Distance from airports me ets FAA guidelines15 . Permissions obtained from land owner/authorized representative

16 . Operating documents and grant of exemption or COA accessible and available

17 . Be aware of the presence of wildlife, other aircraft, and obstacles

18 . At least six (6) satellites are locked on (outdoor flight)

19 . Flight data is correctly displayed on the monitor (speed, distance, altitude, and battery levels)

20 . All appropriate law enforcement agencies have been notified

APPENDIX

– C **Birdseye Drone Service**  **Weekl y Maintenance Log**  **DATE:** UAS Model:

Perform Discharge Cycle on Lithium Battery?: YES NO

Lithium Cell Voltage Balance Record Cell 1:_____Cell 2:_____Cell 3:_____

Newest Software/Firmware Installed?: YES NO
List Any Visible Damage or Wear on the UAS Components Including: Airfram e Motors Propellers Cam era Cam era Gim

bal Landing Gear Vibration Damping Intelligent Flight Batteries Transmitter Charge Wire/Cables/Cords/Plugs Ect.