March 4, 2015 

To:

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

From Petitioner:

Philip Eisenhauer 

3430 Toringdon Way, Suite 101

Charlotte, NC 28277

Office 704-887-6600

Home address:

6509 Woodshed Circle

Charlotte, NC 28277

Mobile: 704-907-0495

Re: Petition Of Philip Eisenhauer for an Exemption Request Pursuant To Section 

333 of the FAA Reform Act of 2012.

To whom it may concern,

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“ Reform 

Act”) and 14 C.F.R. Part 11, Philip Eisenhauer (PE) hereby applies for an exemption from the 

Federal Aviation Regulations (“FARs”) identified below to allow commercial operations of small 

unmanned aerial vehicles (i.e., “small unmanned aircraft”) or Tethered Aerial Platform (“TAP”).

 This exemption is made based on the information outlined in this petition as well as the 

accompanying PE’s Flight Operations and Procedures Manual (“Operations Manual”), PE’s PreFlight Checklist, PE’s Flight, PIC, VO, SO Logbooks, PE’s TAP Maintenance Manual and Log, 

PE’s / DJI Ground Station Manual and NAZA M V2 Manual. PE submits these materials as the 

material contains confidential commercial and proprietary information that PE has not and will 

not share with others. Additionally, these documents contain operating conditions and procedures 

that are not available to the public and are protected from release under the Freedom of

Information Ac, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA 

pursuant to Section 333 of the Reform Act.

The conditions proposed by the applicant are drawn from order 8900.1 CHG 0

As described more fully below, the requested exemption would permit the operation of a 

small Tarot Ironman 650 Quad-copter Tethered Aerial Platform ("TAP") The relatively 

inexpensive Tarot Ironman 650 Quad-copter TAP under controlled conditions in airspace 
that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety 

enhancements through use of a tether. With these additions we intend to provide a level of 

safety high than the already safe operations within the industry, presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill 

the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish 

requirements for the safe operation of such aircraft systems in the national airspace system."

TABLE OF CONTENTS

For your convenience, this Petition is organized as follows:

I. Description of the Petitioner

II. Type of Operations

III. Relevant Statutory Authority

IV. Proposed TAP Operation, Meeting the Requirements of Section333 of the reform 

Act.

A. Approval is Warranted based on the TAP’s, Size, Weight, Speed 

and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions set 

forth in the Operations Manual

V. Regulations from which Exemption is Requested

A. 14 C.F.R. part 21, Subpart H – Airworthiness Certificates and 

14C.F.R. § 91.203 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

C. 14 C.F.R. § 91.9 (c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft 

Certification and Registration.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

F. 14 C.F.R. § 91.103: Pre-Flight Action.

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

I. 14 C.F.R. § 91.121: Altimeter Settings

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

conditions.

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

Maintenance Inspections.

L. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 113 Private Pilot 

Privileges and Limitations.

VI. Drug and Alcohol Programs

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
I. Description of Petitioner

As a Keller Williams Real Estate Agent and Sole Proprietor of Sell Moms Home, I, Philip 

Eisenhauer am writing regarding the FAA Modernization and Reform Act of 2012 (the 

"Reform Act" 112 P.L. 95) and the procedures contained in 14 C.F.R.11, to request that Philip 

Eisenhauer herein known as PE, an owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations ("FARs") listed below so that PE may 

operate its small unmanned aircraft / lightweight unmanned aircraft systems ("TAP") 

commercially in airspace regulated by the Federal Aviation Administration ("FAA"). 

PE is a North Carolina and South Carolina Licensed Realtor, Working from the Keller 

Williams Ballantyne Office, 3430 Toringdon Way, Suite 101 Charlotte, NC 28277, the 

office formed in 2006 and currently employees over 367 independent agents.

PE is currently testing and has developed operational procedures for small, unmanned aircraft 

and lightweight TAPs designed specifically to carry still photography and video cameras. PE 

plans on operating several sizes of TAPs. Each TAP offered will have a payload limit, thereby 

allowing PE to provide an aerial camera platform suitable to the weight requirement of the 

camera system being used. The maximum payload limit PE requires is 30lbs. The camera 

systems will range from the GoPro© with a weight of less than 1⁄4 pound, to the various forms 

of DSLR and video cameras weighing 2-3 pounds not including the weight of the TAP. PE 

equips each of its small un-manned aircraft for aerial still photo and video, photography, 

primarily for use in the business of Residential and Commercial Real Estate.

I have founded four businesses since 1988. Those businesses include, MetalWear Fine 

Jewelry, LLC, manufacturer of gold jewelry under license of General Motors. Phil’s Golf 

Car Rental, LLC, Supplying golf cars to various events throughout the US, including 

civilian and military Airshows. Video Call Services, LLC, Providing video 

communication services to Dementia and Alzheimer’s patients.

Currently working exclusively for, Keller Williams Realty, operating Sell Moms Home as 

a sole proprietorship, is seeking exemptions for the purpose of producing and providing 

production services for a variety still and video projects. Clients will include the 

Residential and Commercial Realtors, Home Inspection Companies, Roofers, and 

Individuals wanting marketing assistance without the aid of a realtor, and a host of other 

venues and events fitting within PE safety requirements will also be considered. 

Based in Charlotte, NC, PE requests permission to fly its TAPs commercially in both North 

and South Carolina, and Florida for the purpose of recording aerial cinematography which is 

to be combined with still and video photography taken indoors and outdoors using 

conventional methods such as camera and tripod. 

PE’s has a long history of recreational use of remote control vehicles and aircraft. Beginning 

in 1969 with control line airplanes and extending to the most recent technology change, the 

quad-copter. This knowledge and skill set gained and improved upon, over the last 50 years, 

can now be used for public’s benefit.

PE's exemption request would permit its operation of lightweight, unmanned (piloted by 

remote control) and comparatively inexpensive TAPs in tightly controlled and limited 

airspace. PE operates only in predetermined specific locations, with written permission 

of landowners, with 95% all flights held to a maximum altitude 149 feet AGL and 50 

feet above the highest obstacle within a 200 foot radius, easily within a visual line of 

sight.
II. Types of Operations

A. Request to use TAP’s for R&D and training at properties owned and 

controlled by Philip Eisenhauer, and on properties owned and controlled 

by others with Written Permission.

Philip Eisenhauer seeks the following exemptions to conduct training, compliance 

flights, and research at properties and facilities owned. Test areas will not be open to 

the public and access will be restricted to PE’s employees, or consultants engaged in

flight tests, training maintenance, or testing related to workers skill level and 

compliance. The primary focus of PE’s R&D efforts is to evaluate how to best 

incorporate the TAP into Real Estate sales, inspection and marketing.

B. Request to use TAP’s for Survey, Inspection and Marketing of properties 

prior to any potential sale. 

Philip Eisenhauer seeks exemption to perform evaluations that will assist in 

determining value and condition of properties. Inspections and evaluation of roof 

systems and other exterior portions of buildings inaccessible because of steep pitches 

and/or limited access. Currently structures are examined at great expense of time, 

resources and risk by sending a person onto the roof structure using ladders and in some 

cases ropes. Inspection by a TAP will be less time intensive, lowering costs and 

increasing safety.

III Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of 2012 (“Reform Act”). Congress has directed the FAA 

“to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Air Space (“NAS”) where it is safe to do so 

based on the following considerations;

! Unmanned Aerial Systems (TAP) size, weight, speed and operational capabilities.

! Operation of the TAP 5 miles or further from airports and populated areas

! Operation of the TAP within the Visual Line of Sight of the operator. ı

Additionally, the FAA Administrator has the General authority to grant exemptions from 

the Agency’s safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of 

the Administrator); 49 U.S.C. § 44701(f) permitting exemptions from §§ 44701 (a) (b) and §§

44702-44716, et seq.) A party requesting an exemption must explain the reasons why the exemption: (1) Would benefit the public as a whole, and (2) Would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81. 

(petitions for exemption).

 IV PE’s Proposed TAP Operations Meet the Requirements of Section 333 of The 

Reform Act.

PE’s proposed TAP Operations in this petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each of the statutory criteria, 

relevant requirements and safety factors are satisfied.

ı Id at 333(b)(1)
A. Approval is warranted, based on the TAP’s Size, Weight, Speed and 

Operational Capability.

 PE will employ Tarot Ironman 650 quad-copter frames for TAP operations. All TAPs

will employ the most up to date Navigational and Safety Protocol. Using the same 

technology as the DJI Phantom 2 Vision Plus, updatable software or equivalent. These 

TAP will have a maximum take off weight of less than 7.5 pounds, a flight speed of less 

than 35 miles per hour and will not be flown in controlled airspace, at an altitude that 

will not exceed 149 feet AGL or 50 feet higher than the tallest object within a radius of 

200 feet. All flights will be flown in such a way that they can be safely terminated with 

a reserve battery power of 25% of the battery’s maximum charge. A Ground based 

tether capability of retrieving holding and retrieving the TAP under a full throttle 

condition.

No TAPs utilized will carry any flammable propellant or fuel. All TAPs have an 

integrated GPS system that calculates the TAP’s position and height, and relays that 

information via a secure connection to the operator. Additionally all TAPs will contain a 

FAILSAFE Mode if its connection to the remote control is lost. This system permits the 

return to a predetermined location and land independently of operator input without 

injury or damage.

B. Approval is Warranted Based on the Operational Restrictions set forth in the 

Operations Manual.

 PE Operation Manual and the DJI maintenance and flight manuals contain all of the 

procedures and limitations necessary to successfully perform the operations specified in the 

Petition of Exemption. To assist the FSA in making a safety assessment of PE’s operations, 

below is a summary of operational limitations and conditions, which will ensure the 

equivalent or higher level of safety for operations conducted under current regulatory 

guidelines.

1. All TAPs weights to be 7.5 pounds or less.

2. Restrict all flights to daylight hours.

3. Restrict all flights to “visual line of site” only maintaining the highest level of 

safety available to the pilot and observer. 

4. Maximum flight time for each operational flight will be limited to the amount of 

time the TAP can be flown and still maintain a reserve battery power of no less 

than 25%

5. Flights will be flown at an altitude of no more than obstruction level (ie. treetop 

height, building height), or 149 feet AGL or 50 feet above the tallest object

within a radius of 200 feet whichever is less and will not be conducted within 

navigable airspace.

6. Flights will be operated at a lateral distance of at least 150 feet from any person 

and will notify all inhabited structures, vehicles or vessels that are not involved in 

the inspection or production. 

7. Flights will be limited to a speed of 35 mph. and vertical ascent will be limited to 

15 m.p.h.
8. Minimum crew for each operation will consist of the TAP pilot, a Visual 

Observers (as necessary to safely conduct the mission). A Sensor/ Camera 

Operator may be used if the system involved requires human direction or control.

9. The visual observer designated for any operation will be in voice contact with the 

Pilot at all times.

10. All TAPs only operate for 5-20 minutes per flight;

11. All TAPs will be operated in accordance with the requirements of its flight and 

maintenance manuals.

12. Prior to Operation a Mission Plan will be created setting forth the limitations for 

the flight as well as the contact and hazard information.

13. A NOTAM will be issued not more than 72 hours in advance of the flight, but not 

less than 48 hours before flight, if deemed necessary by the FAA.

14. A certificate of authorization will be obtained prior to flight. 

15. All required permissions and permitting will be obtained form state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies.

16. The operator will coordinate all flights with the appropriate Flight Standards 

District Office.

17. If a TAPs loses communication with the pilot, it will have the capability to return 

to pre-determined location within the operational area and land.

18. Contingency plans will be in place to safely terminate a flight if there is loss of 

communication between pilot and the observer.

19. All TAPs will have the capability to abort the flight in case of unpredicted 

obstacles or emergencies.

20. PIC will have a Class III Medical Certificate.

V. Regulations from which Exemption is requested 

The Federal Aviation Act expressly grants the FAA the authority to Issue Exemptions. 

This statutory authority, by its terms, includes exempting Civil Aircraft, as the term is defined 

under § 40101 of the Act, including TAPs from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest. 
PE seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 

for purposes of conducting the requested operations using TAPs. Listed below:

1. The specific sections of 14 C.F.R. for which the exemption is sought

2. The operating procedures, and safeguards that the Petitioner has established which will 

ensure a level of safety better than or equal to the rules the exemption is sought.

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificate and 14 C.F.R. § 

91.203(a)(1)

The FAA has stated no exemption is necessary from this section if a finding is made under 

the Reform Act that UAVs provide an equivalent level of safety when compared to aircraft 

normally used for the same application. These criteria are met, and therefore no exemption 

is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA2014-0352 at 13-

14, 22. Using UAVs as TAPs and one more level of safety. If however the FAA 

determines that there are some characteristics of the TAP that fail to meet the requirements 

of the Reform Act, an exemption is requested.

Equivalent Level of Safety

The TAPs operated by PE are safe when taking into account their size, weight, speed, and 

operational capability. As set forth in section II Supra the TAP weighs less than 7.5 pounds 

and will be flown at less than 35 mph, completely outside controlled airspace. TAP under 

the control of PE will not carry Pilots or Passengers, will not carry explosive materials or 

flammable liquid fuels and operate exclusively within the parameters stated in the 

Operations Manual.

Operations under this exemption will be closely controlled and monitored by the PIC and 

Visual Observer and will be conducted in compliance with local public safety 

requirements, to provide security for the area of operation. PE will also provide the FAA 

with advance notice of all operations via NOTAMS and coordination with the local FSDO. 

In all cases the TAP operated under the proposed conditions will be at least as safe as, or 

safer than the conventional Rotorcraft operating with an airworthiness certificate without 

the restrictions and conditions of the proposed TAP operations.

The TAP does not need a means to communicate with other aircraft or ATC. because those 

capabilities will be possessed by the Pilot and Visual Observer, whom are not onboard, See 

Grant of exemption Docket FAA-2014-0352 at13. In addition no sense and avoid 

technology is necessary on the TAP because it will be operated at all times within line of 

sight.

__________________________

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or 

how the exemption would provide a level of safety at least equal to that by the rule from 

which you seek exemption.

B. 14 C.F.R. part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 Sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent the Petitioners TAP would 

otherwise require under Part 27, Petitioner seeks an exemption from part 27’s 

airworthiness standards for the same reasons identified in the request for exemption from 

14 C.F.R. Part 21, subpart H. supra.
C. 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

Philip Eisenhauer seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. §91.9(c) 45.23(b) and 45.27(a)

a. 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements provide that:

No person may operate a US registered civil aircraft unless that 

aircraft is identified in accordance with Part 45 of this chapter.

b. 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light sport category aircraft or experimental or 

provisionally certified aircraft the operator must also display on that aircraft at each 

entrance to the cabin, cockpit or pilot station, in letters not less than 2 inches or more than 6 

inches, the words “limited”, “restricted”, “light sport”, “experimental”, or “provisional” as 

applicable.

c. 14 C.F.R. § 45.27(a) states:

Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 

45.23.

In a previous Grant of Exemption the FAA determined that the exemption from these 

requirements was warranted provided that the aircraft “have identification (N Number) markings 

in accordance with 14 C.F.R. Part 45, subpart C if the markings are as large as “practicable” 

FAA Docket No. FAA-2014-0352

Equivalent Level of Safety

PE will mark all aircraft with their N Number in a prominent spot on the fuselage with 

markings that are as large as practicable.

D. 14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in the aircraft and 14 

C.F.R. §91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Pursuant to 14 C.F.R. § 91.9(b)(2)

(b) No person may operate a US- registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is required by §12.5 of this chapter, 

unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings and placards or any combination thereof.

Pursuant to 14 C.F.R. § 91.203 (a) and (b)

 (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within 

it the following:

(1) An appropriate and current airworthiness certificate...
(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

 PE does not request an exemption from this section but instead notifies the FAA that, in 

accordance with the FAA Office of chief Counsel’s Opinion dated August 8, 2014 the TAP

flight manual, registration certificate and other documentation will be kept at the control station 

with the PIC during flight. The Chief Counsel’s Office has held that for all TAP operations this 

alternate method constitutes full compliance with the regulations.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

PE seeks an Exemption from 14 C.F.R. § 91.7(a) that requires a civil aircraft be in 

airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable.

Accordingly, PE requests that the requirements for section 91.7 be treated in accordance with 

Section V(A), supra.

F. 14 C.F.R. § 91.103 Preflight Action

 PE seeks an exemption from 14 C.F.R. § 91.103, that requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA–approved flight manual on board the aircraft. While the PIC will be familiar with all the 

information necessary to safely conduct the flight, an exemption is requested to the extent of an 

FAA-approved flight manual is required.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following: the Aircraft Operations Manual and Flight 

Manual. The PIC will take all required preflight actions – including performing all required checklists 

and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft 

performance data, and contingency landing areas, before the initiation of flight. The Operations 

Manual and appropriate Flight Manual will be kept at the ground station with the operator at all times.

G. 14 C.F.R. § 91.109(a): Flight Instructions

PE seeks an Exemption from 14 C.F.R. § 91.109(a), which provides that “no person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instructions unless that aircraft has fully functioning dual controls” TAPs and remotely piloted 

aircraft by their design, do not have dual controls. Instead, flight control is accomplished through 

the use of a device that communicates with the aircraft via radio communications.

Equivalent Level of Safety

Given the size and speed of the TAPs employed by PE, an equivalent level of safe training, 

can still be performed with out dual controls because no pilot or passengers are aboard the 

TAP, and all persons will be in a safe distance away in the event the TAP experiences any 

difficulties during flight instruction. In addition, Petitioner will conduct computer simulation 

training, performed prior to any real world flights. Petitioner’s employees will need to 

satisfactory complete 10 hours computer simulation training, prior to performing any real 

world flight training at its research and development sites. Conducted in a many to assure 

safety and otherwise comply with all provisions in PE’s Operations Manual for flights at the 

R&D facility. Accordingly PE’s proposed method of operation provides superior levels of 

safety.
 H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

 PE’ requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate in less than those minimum altitudes when it can be operated “without 

hazard to persons or property on the surface,” provided that “each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA.”

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety can be achieved if the TAP will be 

operated at 149’ AGL or below within visual line of sight in addition to GPS based altitude 

information relayed in real time to the operator. See Grant of Exemption to Astraeus Aerial 

Docket No. FAA-2014-0352. As the attached Operations Manual indicates, all TAP flown by 

PE meets these requirements, and a zero altitude initiation point will be obtained prior to 

flight.

 J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

PE requests an exemption from 14 C.F.R. 91.151(a)’s fuel requirements for flight in VFR 

conditions. Section 91.151 states:

(a) No person shall begin a flight in an airplane under VFR conditions unless 

(considering wind and weather conditions) there is enough fuel to fly to the first 

point of intended landing and, assuming normal cruising speed...

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

 Here the technological limitations on TAP battery power means that no meaningful 

operations can be conducted while still maintaining a 30 minute reserve, PE proposes that all 

flights comply with this requirement by mandating that the aircraft be safely landed with no 

less than 25% of battery life remaining.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety is provided if the TAP flight is 

terminated with at least 25% reserve battery power still available. See Grant of Exemption to 

Astraeus Aerial, Docket No. FAA-2014-0352. The Operations Manual conforms to list limit 

providing an equivalent level of safety.

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

Inspections

 PE seeks an exemption from the from the maintenance inspection requirements 

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

These regulations specify maintenance and inspection standards in reference to 

14 C.F.R. Part 43. See, eg., 14 C.F.R. §91.405(a) (stating that each owner and 

operator of an aircraft [s] shall have the aircraft inspected as prescribed in subpart E 
of this part and shall between required inspections ...have discrepancies repaired 

and prescribed in Part 43 of this chapter”). An exemption from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the TAPs will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the TAP Manufacturers Manual, as 

referenced in the PE Operations Manual. As provided in the PE Operations Manual, flights 

will not be conducted unless a flight operations checklist is performed that includes all the 

aircraft components. The Operations manual also sets requirements for: pre-flight and post 

flight checklists, flight operation log books, maintenance record keeping, as well as routine 

pre and post-flight maintenance. The Manufacturers Operations manual sets requirements for 

appropriate maintenance intervals. If no Manufacturer’s Operation manual is printed for a 

specific TAP, PE will use it own Operations Manual setting requirements for maintenance 

intervals to achieve an Equivalent Level of Safety.

 L. 14 C.F.R. Part 61, 14 C.F.R. 61.3, 14 C.F.R. §61.113: Private Pilot Privileges 

and Limitations

PE seeks exemption from 14 C.F.R. Part 61, including 14 C.F.R. §61.3 to the extent that these 

regulations require the TAP operator to have a private pilots certificate. The purpose of part 61 is 

to ensure the skill and competency of any PIC matches the airspace in which the PIC will be 

operating, All Flights stay completely out of regulated airspace, with a maximum Altitude of 149

feet AGL (leaving a larger safety margin of an additional 251’) Petitioner has concerns that the 

training and education of the persons obtaining a private or commercial pilots license is not an 

adequate match for small TAP operation in low altitude, tightly controlled and limited airspace

environments, particularly given the vast differences in the control and flight profiles between 

conventional aircraft and TAP. Accordingly, Petitioner believes that a requirement for a private 

pilots license is unnecessary, Petitioner also believes a full knowledge all types of Airspace, of 

FSDO operations, COA ‘s and NOTAM issuance, is necessary to maintain an Equivalent Level 

of Safety. Petitioner believes this can be achieved thru satisfactory completion of a Certified 

Ground School, instruction given by a FAA Certificated Flight Instructor, that covers all FAAmandated subject material for the Private Pilot. 

Petitioner understands that FAA has the ability to impose fines, along with cease and desist 

orders that are a sufficient deterrent to unsafe and reckless operations.

The March 2014 NTSB decision to overturn NTSB Administrative Law Judge in Huerta vs

Pirker now gives the FAA the authority to fine operators of TAPs for flying recklessly, 

carelessly, or flying outside the boundaries of any exemption granted or sought within this 

document.

In addition PE seeks exemption from 14 C.F.R. § 61.113 which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and which would also require a class II 

medical certificate. The purpose of this section is to ensure the skill and competency of any PIC 

where the aircraft is carrying passengers or cargo for hire. In this case of this Petitioner, while the 

TAP will be operated as part of a commercial operation, it carries neither, passengers or cargo. In 

the Grant of Exemption in: FAA Docket No. FAA-2014-0352 the FAA determined that the 

unique characteristics of TAP operation outside of controlled airspace did not warrant the 

additional cost and restrictions attendant with requiring the PIC to have a commercial Pilot 

certificate and class II medical certificate.
Equivalent Level of Safety

 PE seeks to ensure the safe operation by ensuring that any PIC is thoroughly versed in 

airspace and communication issues pertaining to all aircraft operators but also in the unique 

aspects of TAP flight. Accordingly as set forth in the PE Operations Manual PE will require 

all PIC to have completed FAA ground School instruction and also have logged a minimum 

of 100 takeoff/landing cycles, 20 hours of total time as a TAP rotorcraft pilot and at least 5

hours logged as a TAP PIC with similar TAP type (quad-rotor). Petitioner further states that 

the PIC must have accumulated a minimum of 5 hours as TAP pilot operating the make and 

model of TAP to be utilized for operations under this exemption and 3 take - off and 

landings in the proceeding 90 days. In order to meet the stated national security goal outlined 

by Congress in the 2012 FAA Reform Act PE will require all PIC to pass a criminal 

background check at the time of hiring.

 In addition to the and experience requirements PE has placed restrictions on its 

flight operations to ensure and extra margin of safety The TAP will operate in an area away 

from persons and property not involved in the operation with written permission from those 

involved or within a 200’ radius. All Operations will be flown base on a VLOS at 149’ AGL 

or below, with a maximum altitude of 50’ higher than the tallest obstruction within a 200’ 

radius. A NOTAM will be issued between 48 and 72 hours before the flight is to occur, and 

the flight will be coordinated with the applicable FSDO if so directed by the FAA.

In the event the FAA Determines that a waiver of 14 C.F.R. § 61.3 is 

inappropriate, PE requests that the exemption from 14 C.F.R. § 61.113 still be granted. The 

training and currency standards set forth by the PE in the attached Operations Manual are more 

than adequate to provide an extra margin of safety to allow a private pilot to act as a PIC for 

compensation or hire.

VI. Drug and Alcohol Program

PE has policies in place to ensure that no person may act as a PIC, Visual 

Observer or Sensor Operator if they are under the influence of alcohol or any drug.

A random drug test program will be implemented at the request of the FAA for PIC and 

Visual Observers. 

VII. Public Interest

The Public interest will be served by granting PE’s Petition for Exemption. 

Congress has established a national policy that favors early integration of TAP into the NAS 

in controlled, safe working environments such as those proposed in this Petition. In addition, 

the public also has an interest in reducing hazards associated with alternate methods of 

inspection and photography operations. Allowing the use of a TAP, allows close video 

examination from the ground, limiting the exposure of the inspector to the physical hazards of 

conducting inspections by the use of ladders and ropes. Once the inspection is complete a 

more accurate value can be placed on the property, because the faults of the property will be 

known. Additional still photos and video can be used to more accurately portray the property 

to any potential buyer. It is a widely held view among National Realtor Associations, that a 

minimum of 87% of all individual’s, begin their home search on the internet, looking for 

pictures and video to describe the home they are looking for.

Benefits to the public will include better descriptions of homes brought to market, and 

increased sales by educating the consumer through pictures and videos. Allowing them to 

become familiar with a home, subdivision or community without having to travel to and from 

that community, particularly if they are being transferred from one city to another.
VIII, Privacy

All flights will be conducted in accordance with any federal, state, or local laws 

regarding privacy. In addition PE will adopt a series of standards to protect the privacy rights 

of person impacted by TAP operations.

IX. Federal Register Summary

Pursuant to 14 C.F.R. part 11 the following Summary is Provided for publication 

in the Federal Register, should it be determined that the publication is needed:

PE seeks an Exemption from the following rules:

14 C.F.R. Part 21, Subpart H

14 C.F.R. Part 27 

14 C.F.R. 45.23(b) 

14 C.F.R. Part 61

14 C.F.R. 61.3

14 C.F.R. § 113

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.103

14 C.F.R. 91.109(a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) and (b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(2)

14 C.F.R. 91.417(a) and (b)

The exemption will enhance safety by reducing risk to the general public and property owners 

from the substantial hazards associated with performing equivalent work with conventional 

aircraft, rotorcraft, or other methods.

X. Conclusion

PE’s Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012 including, weight, speed, operating Capabilities, proximity to airports 

and populated areas, operation within a visual line of sight and national security. This Petition 

provides more than adequate justification for the grant of the requested exemptions to permit 

PE to operate described TAPs for operations described herein.

The public interest will be served by granting PE’s Petition for Exemption. 

Congress has established a national policy that favors early integration of TAP into the NAS 

in controlled, safe working environments such as those proposed in this Petition. 

In addition, the public also has an interest in reducing hazards associated with 

alternate methods of inspection operations. Allowing the use of a TAP, allows close video 

examination from the ground, limiting the exposure of the inspector to the physical hazards of 

conducting inspections by the use of ladders and ropes. Once the inspection is complete a 

more accurate value can be placed on the property, because the faults of the property will be 

known. Additional still photos and video can be used to more accurately portray the property 

to any potential buyer. It is a widely held view among National Realtor Associations, that a 

minimum of 87% of all individual’s, begin their home search on the internet, looking for 
pictures and video to describe the home they are looking for.

Benefits to the public will also include better descriptions of homes brought to 

market, and increased sales by educating the consumer through pictures and videos. Allowing 

them to become familiar with a home, subdivision or community without having to travel to 

and from that community, particularly if they are being transferred from one city to another.

Sincerely,

Philip D. Eisenhauer

(Submitted in Confidence Document under 14.C.F.R. § 11.35(b) and exempt from disclosure 

under the freedom of Information Act, 5 U.S.C. § 552 et seq., and any other requirements 

established by the FAA pursuant to Section 333 of the Reform Act)

Attachments:

 1. PE’s TAP Flight Operations and Procedures Manual

 2. PEs Pre –Flight Checklist

 3. PEs Flight, PIC, VO, SO

 4. PE’s TAP Maintenance Manual & Logbook

 5. PEs / DJI Ground Station Manual

 6. NAZA M V2 Manual