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 16327
March 14, 2016

Attention: 

United States of America 

Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Exemption Request Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 

Dear Sir or Madam, 

Birdseye Drone Service is a multimedia 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 

 Development progress recording 

 Agriculture and land surveying 

 Event documentation 

 Cinematography 

 Structural inspection 

 Advertising and/or public awareness projects 

 News gathering services 

 Live video feed to assist with search and rescue operations by request 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 exemption 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. 

Unmanned Aircraft Systems: 

Phantom 3 Standard systems are vertical takeoff and landing, unmanned 

aircraft platforms, with ground control stations (GCS) utilizing electronic tablet or 

smart phone. The UAVs are equipped with four main rotors; driven by Lithium

Polymer battery powered electric motors. 

The DJI Phantom 3 Standard maximum gross weight is approximately 2 

pounds 13 ounces; 19in length x 19.25in width x 7.75in height dimensions; 

35.8mph maximum 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 

(unmanned aircraft systems) will lock in its position and automatically go to ATTI 

(attitude) mode and remain stable. Loss of connection to the remote control 

transmitter causes the vehicle to immediately rise or descend to 
a 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 may 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 requirement of an airworthiness certificate, upon consideration of its size, 

weight, speed, maneuverability, and proximity to areas such as airports and dense 

populations. The UASs 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 weight 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 

miles 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 the aircraft’s registration number in letters no smaller than 2 inches in 

height. In addition, aircraft categorized as “Limited,” “Restricted,” “Light-Sport,” 
“Experimental,” or “Provisional” must display such titles near each entrance to a 

cabin, cockpit, or pilot station. UASs by definition, are unmanned. Even though the 

UASs will have no airworthiness certificate, an exemption may be needed as the 

UA systems 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 

minimal lettering requirements. Regardless, Birdseye Drone Service will mark its 

UASs in the largest possible lettering by placing 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 person that holds a private pilot 

certification may act as pilot in command (PIC) for compensation 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, than 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 

hands-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 command 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.” 

Exemption from the airworthiness certification requirement under 14 C.F.R. § 21 

renders 91.7(a) inapplicable, therefore an exemption is needed. 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 aircraft operated by Birdseye Drone Service do not have the ability or 

space to carry such a flight manual, nor 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 will 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 manuals 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 unmanned aerial vehicles controlled from the ground, the operator 

has no need to wear a seatbelt while flying. It is Birdseye Drone Service 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 perimeter of properties that Birdseye Drone Service has preobtained 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. As 
other vehicles would not be conducting operations close to the examined structure, 

no flight path interference would occur. 

Exemption 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 distance. 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, 

weighing 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 low-altitude and relatively close structure 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. 

§ 91.121 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 appropriate 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 communications telemetry data links to transmit altitude 

information 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 

barometric 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 equivalent 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 normal 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 times 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 minute 
required, the Phantom 3 Standard provide audible and visual warnings to the 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 additional 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 precautions, 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 platforms 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 equivalent level of safety will be achieved by keeping these 

documents 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 

Systems operated, the DJI Phantom 3 Standard, meet the requirements for 

exemption from airworthiness certificates, these maintenance requirements do not 

apply. However, Birdseye Drone Service will use trained technicians to perform 

maintenance, alterations, or preventative maintenance 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 

components 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 components, maintenance, overhaul, replacement, inspection and life limits. 
Record of all maintenance and alterations 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 accordance 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 

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), permitting the Petitioner 

to operate the DJI Phantom 3 Standard commercially. 

Respectfully 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 

Camera 

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 

Image 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 

Time-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 

Gimbal 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 - 2.483GHz 

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: 20dBm

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) 

Latency 220ms (depending on conditions and mobile device) 

Required Operating Systems iOS 8.0 or later 

Android 4.1.2 or later
Recommended Devices *iOS iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad 

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

Samsung NOTE3, Google Nexus 9, Google Nexus 7 II, Ascend Mate7, Nubia Z7 

mini, 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 connect 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 meets FAA guidelines 
15. 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 Weekly 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:

Airframe 

Motors 

Propellers 

Camera

Camera Gimbal 

Landing Gear 

Vibration Damping 

Intelligent Flight Batteries

Transmitter

Charge Wire/Cables/Cords/Plugs Ect.