# Petition for Exemption Filed Under Section 333 Petitioner John Monaco, Chief Executive Officer, Chief sUAS Operator, and Founder, Eagle View Aerial Imaging LLC, 6610 Star Vista Lane, Rocklin, CA 95677, john.monaco@EagleViewAerial.com . Date: 6 April 2015 

### Objective Seek FAA exemption to Title 14 of Code of Federal Regulations, sections: • 61.113(a) • 91.103(b)(2) • 91.105 • 91.109 • 91.119(b) and (c) • 91.121 • 91.151(a) and (b) • 91.405(a) • 91.407(a)(1) • 91.409(a)(1) and (2) • 91.417(a) and (b) 

### Definitions

• AGL = Above ground level • ATC = Air traffic control • CFR = Code of Federal Regulations • NAS = National Air Space • NPRM = Notice of Proposed Rule Making • sUAS = small unmanned aerial system, consisting of the Inspire 1 aircraft, remote controller from DJI (and iOS mobile device). • TSA = Transportation Security Administration, an agency of the U.S. Department of Homeland Security. • UA = Unmanned aircraft = DJI Inspire 1 aircraft • USC = United States Code • VFR = Visual flight rules 

### Company Description Eagle View Aerial Imaging LLC (hereafter, “the Company”) offers contracted aerial photography and videography services for real estate brokers, appraisers, property managers; builders of homes and buildings (no higher than 500 AGL); solar panel installers; farmers; chambers of commerce & associated businesses for marketing campaigns; Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 1 8inspections of utilities (excluding high power electric or radio transmission structures that may affect aircraft operations); public agencies; and wildlife conservation organizations. The Company was founded in 2014 by John Monaco, CEO and Chief sUAS Operator. Mr. Monaco has 25+ years of experience in the high-tech industry in engineering, management, and senior-level program managementroles. The Company uses the Inspire 1 UAS from DJI. Key features include: • Positioning: GPS & GLONASS systems, visual and sonar sensors, live view & map; • Internal Measurement Unit (IMU): 6-axis gyroscope, accelerometer, barometer; • Flight termination system - in the event of low battery or loss of communication link • Power Management System - when to return home, auto land, battery cell health; • Flight telemetry - altitude, speed, distance; • 4K video and 12 megapixel imaging. Key specifications of the sUAS include: • Weight = 6.5 pounds, including battery, gimbal, and camera • Size = 17.3 x 11.8 x 17.1 inches • Maximum ascent speed = 16 feet / second • Maximum horizontal speed = 49 miles (statute) / hour • Flight time ~ 18 minutes • Rotors = 4 

### Regulatory Relief Requests In this section, the petitioner uses the following outline to address potential CFR impacts: • If relief from the regulation is requested; • The reason whether or not relief is requested; • Mitigation that will be taken to follow the rule if relief is requested. 

### 1. Part 21 - Certification Procedures for Products and Parts, Subpart H - Airworthiness Certificates: 1. Relief requested: No; don’t believe is necessary 2. Reason: In accordance with statutory criteria provided in Section 333 of Public Law 112-95 in reference to 49 U.S.C. § 44704, and consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, this aircraft meets the conditions of Section 333 and as such the petitioner believes that any associated noise certification and testing requirements of part 36 is not necessary. 3. Mitigation: Not applicable. 

### 2. 45.23 (b) - Display of marks; general: 1. Relief requested: No. 2. Reason: Aircraft will be registered with the FAA and marked with an “N” number on the left and right side in a size as large as practical. 3. Mitigation: Not applicable. Will comply.

Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 2 8

### 3. 47.15 - Registration number: 1. Relief requested: No. 2. Reason: Aircraft will be registered with the FAA and marked with an “N” number on the left and right side in a size as large as practical. 3. Mitigation: Not applicable. Will comply. 

### 4. 61.113(a) - Private pilot privileges and limitations - Pilot in Command: 1. Relief requested: Yes. 2. Reason: It is understood that 49 USC 44711 requires the FAA to issue airman certificates. However, as of the date of this petition, none of the airman certificates issued by the FAA for student, recreational, private, commercial, airline transport, or sport pilots seems to be a good fit for sUAS pilots. As stated in NPRM FAA-2015-0150-0017, the airman certification requirements for a private or commercial pilot certificate imposes an unnecessary burden on the Company’s business. Much of the knowledge required for a private or commercial pilot certificate does not apply to operating the sUAS per the Company UAS Policies and Procedures and does not result in a significant, relevant safety benefit. The sUAS’ size, weight, operational capability, proximity to airports and populated areas, and operation within daylight, clear visibility, and visual line-of-sight rules pose minimal risk to public safety or pose a threat to national security. 3. Mitigation: The petitioner clearly understands the importance of being trained in and knowledgable of operating the sUAS in the NAS in a responsible manner to so as not to adversely affect the operations in the NAS or present a hazard to persons or property on the ground.The petitioner proposes the following mitigation: 1. Knowledge & training. Compliance with the Company’s Operator Training Policy and completion of the Operator Training Program which specifies the training required of operators before conducting flight for commercial purposes. They include: 1. Viewing DJI videos: • Introducing the Inspire 1 • Unboxing the Inspire 1 • Quick Start Guide • Pilot App Tutorial • Setting It Up • How to Fly • Dual Operator • Flight Simulator App 2. Viewing websites: • Know Before You Fly • DJI No Fly Zones • SkyVector Aeronautical Charts 3. Reading: • DJI: • User Manual • Quick Start Guide • Safety Guidelines • Battery Safety Guidelines Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 3 8• Maintenance Manual • FAA Pilot’s Handbook of Aeronautical Knowledge: • Preface • Chapter 1 Introduction to Flying • Chapter 7 - Flight Instruments • Chapter 8 - Flight Manuals • Chapter 14 - Airspace • Chapter 16 - Aeromedical Factors • Chapter 17 - Aeronautical Decision Making • FAA / AeroNave Aeronautical Chart User’s Guide 4. Flight practice (specifics provided in the Company’s UAS Policies and Procedures) : • Pilot App Simulator • Flying the UAS • Proficiency • Currency 2. National security. The TSA has vetted the petitioner and determined that the operator does not present a threat to national security. The operator has been assigned a Known Traveler Number (KTN), as shown in the Operator Log Book. 3. Medical. The operator holds a valid U.S. driver’s license. The operator has general annual physical exams. The due date of the next exam is provided in the Operator Log Book. 4. New certificate. Recommendation for the FAA to create a sUAS-specific airman certificate covering knowledge and requirements. 

### 5. 91.7 - Civil aircraft airworthiness: 1. Relief requested: No. 2. Reason: It is critical that the sUAS can be flown in a safe manner. 3. Mitigation: The sUAS undergoes a maintenance check per the specifications and procedures provided in the Inspire 1 Maintenance Manual. UAS Policies and Procedures require the completion of a Pre-Flight and Post-Flight Checklist for each flight. 

### 6. 91.103(b)(2) - General Operating and Flight Rules, Subpart B - Flight Rules, Preflight action: 1. Relief requested: Yes. 2. Reason: The UA for this petition will not be flown at airports. Takeoff and landing distances are zero since the aircraft is a sUAS. 3. Mitigation: The capture of still images and video along with associated flight path will be discussed and agreed-upon with the client in advance of the shoot and confirmed or revised just prior to flight. The sUAS displays, records, and retains flight data including take-off height, take-off-speed, horizontal distance traveled, horizontal speed, altitude, flown flight path, and other flight parameters. 

### 7. 91.105 - General Operating and Flight Rules, Subpart B - Flight Rules, Flight crew members at stations: 1. Relief requested: Yes. Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 4 82. Reason: The UA is unmanned and does not have on-board pilots, and as such, no safety harnesses are worn. 3. Mitigation: The sUAS operator will always be in sole control of the UA. If absence of the operator is necessary in connection with physiological or other emergent needs, the operator shall first land the UA in a prompt manner to assure public safety. 

### 8. 91.109 - General Operating and Flight Rules, Subpart B - Flight Rules, Flight instruction: 1. Relief requested: Yes. 2. Reason: The UA does not have flight dual controls. (A slave controller is an option but can only be configured to control the gimbal and camera for unique image capture. It cannot control the aircraft flight.) 3. Mitigation: The Company’s Operator Training Program requires practice time on the Simulator app. 

### 9. 91.119(b) and (c) - General Operating and Flight Rules, Subpart B - Flight Minimum safe altitudes: General: 1. Relief requested: Yes. 2. Reason: UAS will be flown no higher than 500 feet AGL as proposed in NPRM FAA-2015-0150-0017. 3. Mitigation: Per the Company UAS Policies and Procedures, UA will not be flown higher than 500 feet AGL. All flight operations will be conducted at least 200 feet from all non-participating 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 will ensure that nonparticipating persons remain under such protection. In the vent such persons leave the protection area and are within 200 feet of the UA, the operator will cease operation immediately in a manner ensuring the safety of nonparticipating persons: and b. The owner/controller of any vessels, vehicles, or structures as granted permission for operating closer to those subjects and the operator 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 distance of 200 feet was chosen based on target real estate lots of about 0.5 acres which for assumption sake measure about 150 feet by 150 feet. 

### 10. 91.121 - General Operating and Flight Rules, Subpart B - Altimeter settings: 1. Relief requested: Yes. 2. Reason: The UAS is unable to take input from stations. 3. Mitigation: The UAS under this petition contains an on-board barometer. It’s altitude is based on barometric pressure reading at take-off. 

### 11. 91.151(a) and (b) - General Operating and Flight Rules, Subpart B - Fuel requirements for flight in VFR conditions: 1. Relief requested: Yes. 2. Reason: The fuel for this UA is 100% battery power. Designed maximum flight time is approximately 18 minutes with a standard 4500 mAh battery. Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 5 83. Mitigation: The low battery level failsafe is triggered with the battery is depleted to a point that may affect safe return of the UA. Advanced algorithms calculate the distance of the UA and estimated time to return home, letting the operator know when it’s time to fly back.The operator is advised via the Pilot App to return home or land the aircraft immediately when the warning is displayed. The aircraft will return automatically to the home point if no action is taken after a 10 second countdown. The UA will land automatically if the current battery level can only support the aircraft to land to the ground from the current altitude. Per the UA manufacturer and the Company’s preflight checklist, the battery is to be fully charged before initiating flight operations. 

### 12. 91.405(a) - General Operating and Flight Rules, Subpart E - Maintenance Required: 1. Relief requested: Yes. 2. Reason: FAA-required inspections are not specified for this UAS. 3. Mitigation: According to the Company UAS Policies and Procedures, any anomalies observed during the preflight, flight, or post flight check that would adversely affect the safe control of the UA must be resolved before resuming flight operations. 

### 13. 91.407(a)(1) - General Operating and Flight Rules, Subpart E - Operations after maintenance, preventive maintenance, rebuilding, or alteration: 1. Relief requested: Yes. 2. Reason: No person authorized under §43.7 of chapter 1 of Title 14 exists to approve a return to service for this type of UAS. 3. Mitigation: If aircraft requires repair by the manufacturer, the manufacturer conducts flight test worthiness after repairs and before shipping the UA back to the operator. The Company’s UAS Policies and Procedures and the manufacturer’s correspondence with the petitioner specify to calibrate the Internal Measurement Unit after every firmware upgrade. This is done by the operator. 

### 14. 91.409(a)(1) and (2) - General Operating and Flight Rules, Subpart E - Inspections: 1. Relief requested: Yes. 2. Reason: Per the manufacturer’s maintenance manual, this UA does not undergo annual inspections. Airworthiness certificates do not apply to this UA. 3. Mitigation: Per the manufacturer’s maintenance manual, maintenance and inspections are conducted after every 200 flights or 50 hours of flight. 

### 15. 91.417(a) and (b) - General Operating and Flight Rules, Subpart E - Maintenance records: 1. Relief requested: Yes. 2. Reason: Maintenance, preventive maintenance and alterations are not conducted at 100-hour and annual intervals. The type of record details call out in this section do not apply to this UA. 3. Mitigation: The operator does record all maintenance in the Operator Log Book per the Company’s UAS Policies and Procedures. Records are retained for as long as the UA is flown and are available for inspection by the FAA Administrator upon request. Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 6 8

### Public Interest Granting the requested relief is in the public interest. FAA approval of the petitioner to fly the subject sUAS enables the petitioner to offer several key benefits to the public as a whole, including, but not limited to: • Home owners and their real estate brokers would increase the probability of meeting or exceeding their asking price and reducing the time on the market by being able to show attention-getting aerial images and video of their property on sales web sites; • Property managers can more quickly and safely inspect their grounds, roofs, and structures to forestall any adverse issues with tenants’ living environment and potentially reduce overall maintenance costs; • Builders can inspect for anomalies during construction to verify proper workmanship and potentially reduce the costs of unexpected repairs; • Solar panel installers can inspect their installations quicker and more safely than climbing ladders; • Public works entities can inspect their systems from new perspectives that provide faster, more thorough, and more cost effective means of assessing the conditions of their systems. • Farmers can inspect their farmland and pastures in less time and can more readilyidentify any concerning growth patterns by using aerial imaging rather than groundbased machines and travel; • Farmers can use aerial images of their corn mazes in their marketing campaign resulting in increased revenue; • Chambers of Commerce, wineries, media & marketing firms, and other businesses could use attention-getting aerial images and video fly-throughs in their marketing campaigns to increase revenue; • Wildlife conservation organizations can use aerial imaging to attain a more comprehensive understanding of the wildlife they monitor; • Search and rescue organizations and their clients would be able to utilize aerial imaging service to potentially more quickly locate individuals. That would result in quicker medical care, potential of reduction in loss of life, and reduced search costs. 

### Public Safety Granting the requested relief would not adversely affect public safety, and in fact provide a level of safety that is equal to that provided by the rules cited in the requested relief. The subject UAS of this petition provides the same if not more nimble and safer alternative to using manned aircraft that weigh multi-magnitudes more, carry highly flammable and explosive fuels, and carry persons where the risk of injury or worse is greater. The petitioner has provided mitigations for the requested CFR relief that provide the same or better level of safety for persons, vehicles, animals, property, and structures than manned alternatives. 

### Privacy To meet the spirit of the Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 7 8Aircraft Systems, the Company has policies and procedures in place to protect the public’s privacy, civil rights, and civil liberties. Permission is required to conduct flight operations on private property. 

### Federal Register Summary Eagle View Aerial Imaging LLC seeks an exemption for the following rules: 14 CFR Chapter 1, sections: 61.113(a), 91.103(b)(2), 91.105, 91.109, 91.119(b) and (c), 91.121, 91.151(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). Approval of these exemptions will allow Eagle View Aerial Imaging LLC to offer contracted commercial UAS operations for a wide range of industries and applications. Granting these exemptions will enhance public safety by reducing the risk to the general public from hazards associated with performing the same service with conventional manned aircraft. 

### Additional Supporting Information Several documents are provided with this petition in support of the relief request. They include: 1. Aircraft manufacturer - DJI: • Release Note 2015.2.27 • Inspire 1 User Manual (EN) v1.0 • Inspire 1 Safety Guidelines v1.0 • Inspire 1 Flight Battery Safety Guidelines v1.0 • Inspire 1 Maintenance Manual v1.0 2. Eagle View Aerial Imaging LLC (company confidential) • UAS Policies and Procedures, covering topics such as, but not limited to: • Documents held with operator during flight operations; • Line-of-sight flights, day-time only flights, favorable weather conditions; • Airspace restrictions • Reporting accidents to the FAA • Operator Log Book, containing Flight Record, Training Log, Aircraft Maintenance Log, and Pre-Flight and Post-Flight Checklists. These documents also cover mitigations for control/communication link failures and also state FCC compliance specifics.

Eagle View Aerial Imaging LLC Petition for FAA Exemption Page of 8 8