November 6, 2015

US Department of Transportation

Federal Aviation Administration 800 Independence Ave. SW Washington, DC 20591

PETITION FOR EXEMPTION, Requesting relief from the FAA modernization and Reform Act OF 2012, public law 112-95 Feb. 14, 2012, section 333.

Exemptions Requested for:

14 CFR 21, Subpart H 14 CFR 45.23(b) 14 CFR 61.113(a)&(b) 14 CFR 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a) 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)&(b), 91.417(a)&(b) 14 CFR, Title 14 Chapter 1 Subchapter D parts 60 thru 67, specifically 61.1 to

61.429.

Contact Information:

Chance W. Kirby Owner/UAS Pilot for Eye in The Sky Photography

1255 S HWY 377

Pilot Point TX 76258

Phone: 940.686.5233 pb58135@yahoo.com

DJI Phantom 3 Professional - SN#P76DCF25017150Dear Sir or Madam,

I, Chance W. Kirby, am writing pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, to request that I, Chance W. Kirby, owner and operator of Eye in The Sky Photography, and Pilot in Charge (PIC) of a small unmanned aircraft UA. Specifically the DJI Phantom 3 Professional, be exempt from the Federal Aviation Regulations FAR listed above so that Eye in the Sky Photography may operate its small UA commercially, in airspace regulated by

the Federal Aviation Administration FAA.

I, Chance W. Kirby, pilot in charge PIC and owner of Eye in the Sky Photography. Request this exemption under the guidelines of Section 333 specifically as it relates to aerial videography and photography (commercial and private real estate, community awareness, and nature). Under the terms of this exemption Eye in the Sky Photography agrees to safely fly its UA in a safe and lawful manner as it relates to local, state and federal guidelines as stated within the exemption grant. All UA piloted by Eye in the Sky Photography weigh less than 20 lbs and fly at speeds below 30 knots. Eye in the Sky Photography agrees to operate under any and all guidelines set forth by the FAA now and in the future.

Eye in the Sky Photography puts safety first when considering any UA flight. Eye in the Sky Photography's small UA are designed to hover in place via GPS and operate in less than a 24 knot (27 mph) wind. In order to increase safety, stability, limit harm and financial loss of property. Eye in the Sky Photography will not fly its UA in winds exceeding 15 knots ( 17 mph). Eye in the Sky Photography's established safety systems include a GPS mode that allows its UA to hover in place when radio controls are released. Eye in the Sky Photography's UA have three operating modes to choose from. Eye in the Sky Photography utilizes the Intelligent Orientation Control IOC Flight (with GPS & compass module) for aerial videography and photography. This mode is the most reliable, safest and stable mode to prevent accidents. When pilot communication is lost, Eye in the Sky Photography UA are designed to return to the point of takeoff, slowly descend, land, and disengage the electric motors (return to home feature). Eye in the Sky Photography will not operate our UA near airports, hospitals, military installations, or police heliports. Eye in the Sky Photography will constantly be on alert for any manned aircraft (personal crafts, police/medical helicopters, etc.) and am prepared to land/abort immediately to the nearest and safest ground point. Eye in the Sky Photography UA are capable of vertical and horizontal operations, and are flown only within PIC’s line of sight. Eye in the Sky Photography pilots andobservers are constantly on alert for any manned aircraft. Eye in the Sky Photography will always be prepared to immediately abort and land the UA at the nearest and safest ground point in the event a manned aircraft approaches. If The Eye in the Sky Photography pilot, or observer suspects a manned aircraft may be approaching the operating area. The flight will be aborted immediately. Eye in the Sky Photography UA flights generally last fifteen (15) minutes with an altitude under four hundred (400) feet. We utilize battery power rather than combustible fuels. Eye in the Sky Photography does not operate its UA below the manufacturer's recommended minimum charge levels for operation. We prefer to remain well within a safe operating range to insure adequate communication between radio control and the UA. This helps to eliminate potential for crashes, loss of control or hazard. Fully charged reserve batteries are on hand to insure a sufficiently safe level of operation. Eye in the Sky Photography operates with a safety first approach. We do not believe in taking any risk that may cause a crash, create a hazard, endanger the public, or manned aircraft. Eye in the Sky Photography has logged numerous practice flights in order to simulate flights for future commercial use. This effort was to gain familiarization with the characteristics of this specific UA performance under different temperature and

weather conditions.

Eye in the Sky Photography follows the current FAA regulations. We stay below the maximum allowable altitude of 400 ft. We maintain a visual line of sight VLOS at all times. We fly in daylight only. We observe all airport 5-mile restrictions. In addition we use a visual observer VO and 2-way communication between PIC and the visual observer VO at all times during the flight. All systems are displayed on 10 inch monitors battery levels, performance, altitude, distance, speed and current GPS location on overlay map. All UA are maintained according to manufacturer suggested maintenance schedules by an authorized dealer.

Eye in the Sky Photography considers air safety our paramount duty to the public. Eye in the Sky Photography performs a routine pre-flight inspection before every flight on every UA before launch into the National Airspace System NAS. These pre-flight inspections include propellers, motors, battery levels, battery history, compass re-calibrations, GPS satellite evaluation, electromagnetic conditions, weather and environmental surroundings (structures, power lines, population etc.). All pre-flight inspections are performed according to the published manufacturer guidelines as it pertains to the individual UA.Necessary permissions will always be obtained prior to any operation. No flight will be conducted without the permission of the property owner or local officials. Due to the advance notice given to the property owners and or their authorized representative, all affected individuals will be aware of the planned flight operations. The aerial videography and photography will be of property whose owner, or authorized representative consented to the aerial videography and photography.

Regarding pilot certification (14CFR, Title 14 Chapter 1 Subchapter D parts 60 thru 67, specifically 61.1 to 61.429), I, Chance W. Kirby, respectfully request the FAA grant exemptions from regulations that address general flight rules, pilot certificate requirements, manuals, maintenance and equipment mandates. I believe that these requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals have omitted this as a future requirement for

small UA.

As the PIC and owner of Eye in the Sky Photography, I have multiple years and hours flying remote controlled devices. I also agree, if an exemption is granted, I will continue to maintain complete flight logs. These will include all required information specified in the FAA exemption (time, date, place, conditions, PIC, VO, etc.). As owner and PIC at Eye in the Sky Photography. I will agree to any required course of study, or flight evaluations. This includes any required ground training exams, or background checks that may be required by the FAA in the future. I currently hold a US passport and have been vetted and accepted by Department of Homeland Security as an independent contractor.

Eye in the Sky Photography UA will be used for aerial videography and photography. Our goal is to enhance awareness for individuals and companies by providing resources to obtain geographical layouts regarding specific properties. Eye in the Sky Photography will enhance real estate listings, promote usage, and increase exposure of specific properties. Eye in the Sky Photography UA used for this purpose will reduce the need for conventional aircraft typically used in these operations. UA are less costly than helicopters and fixed wing aircraft. Eye in the Sky Photography's safety protocols will provide a level of safety equal to or greater than existing FAA rules. Please note before the integration of commercial UA into our national airspace system. Manned fixed wing airplanes and helicopters were the primary means of aerial videography and photography. While the safety record of such aircraft is outstanding. There have been incidents involving loss of life as well as extensive property damage due to crashes.A battery powered UA can accomplish the same aerial photography tasks. While reducing the potential for loss of life, property damage, as well as environmental damage. UA carry no people or fuel. UA are very small and versatile. This allows Eye in the Sky Photography to avoid hazards quickly and safely. Eye in the Sky Photography will provide an economic benefit to the consumer. Eye in the Sky Photography UA can provide higher quality images at a considerably lower cost

than conventional aircraft.

SUMMARY OF EYE IN THE SKY PHOTOGRAPHY'S FAA EXEMPTION REQUEST.

1. Eye in the Sky Photography UA must weigh less than twenty (20) pounds, including energy source(s) and equipment. Operations authorized by the grant of an exemption are limited to the following aircraft: Eye in the Sky Photography UA DJI Phantom 3 Professional - SN#P76DCF25017150 onward as additional UA are utilized by Eye in the Sky Photography provided the additional UA are of the same or similar specifications as the UA bearing SN#P76DCF25017150. Any proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. Eye in the Sky Photography UA will not be flown at a ground speed exceeding thirty (30) knots.

3. Eye in the Sky Photography flights must be operated at an altitude of no more than four hundred (400) feet above ground level (AGL), as indicated by the procedures. All altitudes reported to ATC must be in feet AGL.

4. Eye in the Sky Photography UA will be operated within the VLOS of the PILOT at all times. This requires the PILOT to be able to use human vision unaided by any device other than corrective lenses.

5. All Eye in the Sky Photography operations will utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PILOT always maintains VLOS capability. The VO and PILOT must be able to communicate verbally at all times.6. Prior to each flight the PIC will inspect the UA to ensure it is in a

condition for safe flight. If the inspection reveals any condition that could affect the safe operation of the UA. The aircraft will be prohibited from operating until the necessary maintenance has been performed. The Ground Control Station, if utilized, will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft

records.

7. Any UA that has undergone any maintenance or alteration will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the UA records of flight.

8. Eye in the Sky Photography will follow the UA manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements will be established and identified.

9. Eye in the Sky Photography shall not permit the PILOT to operate the UA for the purpose of aerial videography or photography (or similar operations), unless the PILOT has demonstrated and logged in a manner consistent with 14 CFR 61.51 (b), the ability to safely operate the UA in a manner consistent with how the UA will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

10. The UA will only be operated directly over on, authorized and consenting personnel and persons.

11. Eye in the Sky Photography flight operations must be conducted at least 300 feet from all nonparticipating persons, vessels, vehicles, and structures. Unless the following criteria are met. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 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 300 feet of the UA, flight operations must cease immediately. Operations nearer to the PILOT, VO, operator trainees or essential persons do not present an undue hazard tothose persons per § 91.119(a).

12. If the UA lose communications or loses its GPS signal, the UA must return to a pre-determined location within the security perimeter and land or

be recovered.

13. The UA must abort the flight in the event of unpredicted obstacles or emergencies.

14. Each UA operation must be completed within fifteen (15) minutes flight time or with thirty percent (30%) battery power remaining, whichever

occurs first.

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

16. Eye in the Sky Photography has developed procedures to document and maintain a record of the UA maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total

time in service of the UA.

17. Each UA operated under this exemption must comply with all manufacturer Safety Bulletins.

18. The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection.

19. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

20. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PILOT at the Ground Control Station, if utilized, of the UA at any time the UA is operating. These documents must be made available to the Administrator or any law enforcement official upon request.21. Eye in the Sky Photography UA must remain clear and yield the right

of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

22. Eye in the Sky Photography UA 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 (SVFR) are not authorized.

23. Eye in the Sky Photography UA may not be operated by the PILOT from any moving device or vehicle.

24. Eye in the Sky Photography UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within five (5) nautical miles of the geographic center of a non-towered airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the Eye in the Sky Photography COA. The letter of agreement with the airport management must be made available to the Administrator upon request. .

25. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UA Integration Office (AFS-80) within twenty-four (24) hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

26. Eye in the Sky Photography UA, the UA PILOT, and the UA operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

Respectfully,

Chance W. Kirby Eye in the Sky Photography