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#P76DCF25017150

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Dear 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 and 

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observers 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. 

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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. 

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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.

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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 to 

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those 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. 

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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

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