September 24, 2015

Exemption No. 12968
Regulatory Docket No. FAA

– 20 15

– 0578

Mr. Philip Eisenhauer
3430 Toringdon Way, Suite 101

Charlotte, NC 28277

Dear Mr. Eisenhauer :

This letter is to inform you that we have granted your request for exemption. It transmits our
decision, explains its basis, and gives you the conditions and limitations of the exemption,
including the date it ends.

By letter dated March 4, 2015 , you petitioned the Federal Aviation Administration (FAA) for
an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft
system (UAS) to conduct aerial evaluations that will assist in determining value and condition
of properties

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an e xemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Federal Register because the requested exemption would not set a precedent, and any
delay in acting on this petition would be detrimental to the pe titioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a Tarot Ironman 650 Quad

- copter Tethered Aerial

Platform

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products
and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria2

provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in
consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Sub part H

— Airworthiness
Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. 1 The FAA has issued grants of
exemption in circumstances similar in all material respects to those presented in your petition.
In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352),
11109 to Clayco, Inc. ( see Docket No. FAA−20 14−0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642) , and 12645 to Allied Drones ( see Docket No. FAA

- 2014

- 0804) , the FAA
found that the enhanced safety achieved using an unmanned airc raft (UA) with the
specifications described by the petitioner and carrying no passengers or crew, rather than a
manned aircraft of significantly greater proportions, carrying crew in addition to flammable
fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in
the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of
Exemption Nos. 11062, 11109, 11112, 11213 , a nd 12645 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213

,

a nd 12645 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest.

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701,
delegated to me by the Administrator, Mr. Philip Eisenhauer is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c),
91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to
the extent necessary to allow the petitioner to operat e a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA.
Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF
analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Mr. Philip Eisenhauer is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be
grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Tarot Ironman 650
Quad

- copter Tethered Aerial Platform when weighing less than 55 pounds including
payload. Proposed operations of any other aircraft will require a new petition or a
petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The
exemption holder may use either groundspeed or calibrated airspeed to determine
compliance with the 87 knot speed restriction. In no case will the UA be operated at
airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitud e must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times.
This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- iss ued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within
the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used
to satisfy the VLOS requiremen t as long as the PIC always maintains VLOS
capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC
must be designated before the flight and cannot tr ansfer his or her designation for the
duration of the flight. The PIC must ensure that the VO can perform the duties
required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its
operations in accordance with the conditio ns and limitations stated in this grant of
exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the
Administrator upon request. If a discrepancy exists b etween the conditions and
limitations in this exemption and the procedures outlined in the operating documents,4

the conditions and limitations herein take precedence and must be followed.
Otherwise, the operator must follow the procedures as outlined in i ts operating
documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised
documents to the Administrator or any law enforcement official upon request. T he
operator must also present updated and revised documents if it petitions for extension
or amendment to this grant of exemption. If the operator determines that any update
or revision would affect the basis upon which the FAA granted this exemption, the n the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding
updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or al terations that affect the UAS operation
or flight characteristics, e.g.

, replacement of a flight critical component, must undergo
a functional test flight prior to conducting further operations under this exemption.
Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other p eople. The functional test flight must be conducted in such
a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is
in a condition for safe operation.

10. Pr ior to each flight, the PIC must conduct a pre

- flight inspection and determine the
UAS is in a condition for safe flight. The pre

- flight inspection must account for all
potential discrepancies, e.g.

, inoperable components, items, or equipment. If the

ins pection reveals a condition that affects the safe operation of the UAS, the aircraft is
prohibited from operating until the necessary maintenance has been performed and the
UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,
replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer
safety bulletins

.

13. Under this grant of exemption, a PIC must hold either an airline transport,
commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a

stat e, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal

G overnment. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. Th e operator may not permit any PIC to operate unless the PIC demonstrates the
ability to safely operate the UAS in a manner consistent with how the UAS will be
operated under this exemption, including evasive and emergency maneuvers and
maintaining appropri ate distances from persons, vessels, vehicles and structures. PIC
qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

(traini ng, proficienc y, and experience

- building) and determining the PIC’s ability to
safely operate the UAS in a manner consistent with how the UAS will be operated
under this exemption are permitted under the terms of this exemption. However,
training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for
flight operations are considered nonparticipants, and the PIC must operate the UA
with appropriate distance from no nparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All
operations must be conducted under visual meteorological conditions (VMC). Flights
under special visual flight rules (SVF R) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as
denoted in the current FAA Airport/Facility Directory (AFD) or for airports not
denoted with an ARP, the center of the airport symbo l as denoted o n the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s
management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the airport management must be made available
to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet
horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers
attached at not more than 50 foot intervals beginning at 150 feet above the surface of
the earth and visible from at least one mile. This requirement for pennants or

streamers is not applicable when operating exclusively below the top of and within
250 feet of any structure, so long as the UA operation does not obscure the lighting of

the structure.

19. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- d etermined location within the pr ivate or controlled

- access property.

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast
weather conditions) there is enough available power for the UA to conduct the6

intended operation and to operate after that for at least 5 minutes or with the reserve

power recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All
operations shall be cond ucted in accordance with an ATO

- issued COA. The
exemption holder may apply for a new or amended COA if i t intends to conduct
operations that cannot be conducted under the terms of the attached COA

.

23. All aircraft operated in accordance with this exemption must be identified by serial
number, registered in accordance with 14 CFR part 47, and have identificatio n (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must
be as large as practicable.

24. Documents used by the operator to ensure the safe operation and flight of the UAS and
any documents required under 14 CFR §§ 91.9 and 91.203 mus t be available to the
PIC at the Ground Control Station of the UAS any time the aircraft is operating.
These documents must be made available to the Administrator or any law enforcement
official upon request.

25. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

26. The UAS may not be operated by the PIC from any moving device or vehicle.

27. All Flight operations must be conducted at least 500 feet from all nonparticipating
persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure
that nonparticipating persons remain under such protection. If a situation arises
where nonparticipating persons leave such protection and are within 500 feet of
the UA, flight operations must cease immediately in a manner ensuring the safety
of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission
for operating closer to those objects and the PIC has made a safety assessment of
the risk of operating closer to those objects and determined that it does not
present an undue hazard.

The PIC, VO, operator trainees o r essential persons are not considered
nonparticipating persons under this exemption.

28. All operations shall be conducted over private or control led

- access property with
permission from the property owner/controller or authorized representative.

Permission from property owner/controller or authorized representative will be
obtained for each flight to be conducted.7

29. Any incident, accident, or flight operation that transgresses the lateral or vertical
boundaries of the operational area as defined by the appli cable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be
reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www .ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and
television filming and production, the following additional conditions and limitations apply.

30. The operator must have a motion picture and television operatio ns manual (MPTOM)
as documented in this grant of exemption.

31. At least 3 days before aerial filming, the operator of the UAS affected by this
exemption must submit a written Plan of Activities to the local Flight Standards
District Office (FSDO) with jurisd iction over the a rea of proposed filming. The 3

- day
notification may be waived with the concurrence of the FSDO. The plan of activities
must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted
under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of

the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in th e aerial filming;

f. A statement that the operator has obtained permission from property owners
and/or local officials to conduct the filming production event; the list of those
who gave permission must be made available to the inspector upon request;

g. Signatu re of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city,
town, county, and/or state over which filming will be conducted and the altitudes
essential to accomplish the operation.

32. Flig ht operations may be conducted closer than 500 feet from participating persons
consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS , the UAS PIC, and the UAS
operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan
Director, Flight Standards Service

EnclosuresMarch 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