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

Charlo tte, NC 28277

Office 704

- 88 7

- 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 commerci al 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 O perations a nd Procedures M anual (“O perations Manual”), PE’s Pre

Flight Checklist, PE’s Flight, PIC, VO, SO Logbooks, PE’s TAP Maintenance Manual a nd Log,

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

material contains confid ential commercial and proprietary information that P E 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 e xemption 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 airspacethat is 1) limited 2) predetermined 3) contro lled 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 with in the industry

, presently using
conventional aircraft. Approval of th is 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 C ONTENTS

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 Warrante d 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 Inspectio ns. 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. ConclusionI. Descriptio n 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 air craft 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 Charlot te, 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 TAP s designed specifically to carry still photograph y and video cameras. PE plans on operating several sizes of TAP s. 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 l imit PE requires is 30lbs. The camera

s ystems 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 aircr aft 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 pa tients.

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 consid ered.

Based in Charlotte, NC, PE requests permission to fly its TAP s 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 inexpens ive TAP s 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 1 49 feet AGL and 50 feet above the highest obstacle within a 2 00 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 e xterior 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. Ins pection 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) throu gh (c) of the
FAA Modernization and Reform Act of 2012 (“Re form 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 a irports and populated areas

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

Additionally, the FA A 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) Woul d benefit the public as a whole, and (2) Would not adversel y 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. (petition s for exemption).

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

Reform Act.

PE’s proposed T AP 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 w arr anted, b ased on the TAP ’s Size, Weight, Speed and Operational Capability.

PE will emplo y Tarot Ironman 650 quad

- copter frames for TAP operations. All TAPs will employ the most up to date Navigational and Saf ety 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 contro lled 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 bat tery’s maximum charge. A Ground based tether capability of retrieving holding and retrieving the TAP under a full throttle

condition.

No TAP s utilized will carry any flammable propellant or fuel. All TAP s 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 TAP s will contain a FAILSAFE Mode if its connection to the remote control is lost. This system permits the return to a predetermined location a nd 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 th e 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 wi ll ensure the equivalent or higher level of safety for operations conducted under current regulatory guidelines.

1. All TAP s 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 mainta ining the highest level of
safety available to the pilot and observer.

4. Maximum flight time for each operational flig ht 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 5 0 feet above the tallest object

within a radius of 2 00 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 TA P s only operate for 5

- 20 minutes per flight;

11. All TAP s will be operate d 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 th e contact and hazard information.

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

le ss than 48 hours before flight

, if deemed necessary by the FAA.

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

15. All req uired 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

Di strict Office.

17. If a TAP s 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

commun ication between pilot and the observer.

19. All TAP s 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 Feder al 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 TAP s 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 t he requested operations using TAP s . 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 UAV s provide an equivalent level of safety when compare d 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 TAP s 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 conduct ed 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 t he 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 wo uld 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 2 1, 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 air craft 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

ap plicable.

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 determine d 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

Equiv alent 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 ther e 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 pers on 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

accorda nce 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), su pra.

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 f light 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 equiva lent 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 charg e, 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 f ully functioning dual controls” TAP s 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 Lev el of Safety

Given the size and speed of the TAP s 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 t he 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 comput er 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. Accor dingly 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 prescri bes 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. S ee 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 helicopter s 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 tim e 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 th at 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 man dating 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 powe r 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) M aintenance 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 Eof this part and shall between required inspections ...have discrepancies re paired 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 TAP s will not have.

Equivalent Level of Safety

An eq uivalent 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 conduct ed 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 rout ine 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 e xtent 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 sa fety 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 ma tch 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 req uirement 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 ac hieved thru satisfactory completion of a Certified
Ground School, instruction given by a FAA Certificated Flight Instructor, that covers all FAA

mandated subject material for the Private Pilot.

Petitioner understands that FAA has the ability to impose fin es, 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 TAP s f or 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 co mpensation 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, whil e 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 airs pace 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 tha t 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 th is exemption and 3 take

- off and landings in the proceeding 90 days. In order to meet the stated national security goal outlined by Co ngress 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 wil l be flown base on a VLOS at 149 ’ AGL or below, with a maximum altit ude 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 pro vide 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 estab lished 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 inspecti on 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 amo ng 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 home s 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 trans ferred 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 TA P 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 p erforming 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 Capa bilities, 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 TAP s 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 t he 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 a nd 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 forpictures 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 h ome, 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. N AZA M V2 Manual