May 15, 2015 

 Exemption No. 11596 

 Regulatory Docket No. FAA–2015–0483 

Mr. Scott J. Painter 

CEO 

Birds Eye Aerial Drones, LLC 

6015 Sarita Street 

La Mesa CA, 91942 

Dear Mr. Painter: 

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 February 23, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Birds Eye Aerial Drones, LLC (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct aerial filming and photographing inspections. 

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

the regulations that the petitioner seeks an exemption. 

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 petitioner. 

Airworthiness Certification 

The UAS proposed by the petitioner are the Team Black Sheep Discovery Pro, Tarot T15, and 

DJI Inspire. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 
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provided in Section 333 of Public 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, Certification procedures for products and parts, Subpart 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. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (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, and 11213; 

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

11213 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, Birds Eye Aerial Drones, LLC 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 operate a UAS to perform aerial data 

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

Conditions and Limitations 

In this grant of exemption, Birds Eye Aerial Drones, LLC is hereafter referred to as 

the operator. 
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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 Team Black Sheep 

Discovery Pro, Tarot T15, and DJI Inspire 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). Altitude 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-issued 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 requirement as long as the PIC always maintains VLOS capability. 

The VO and PIC must be able to communicate verbally at all times; electronic 

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer 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 conditions 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 between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its 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 
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documents to the Administrator or any law enforcement official upon request. The 

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, then 

the operator must petition for an amendment to its grant of exemption. The FAA’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 alterations 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 people. 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. Prior 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 

inspection 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 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The PIC must also meet the flight review requirements specified in 

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

14. The 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 appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
5 

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

(training, proficiency, 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 

training, 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 nonparticipants 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 (SVFR) 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 symbol as denoted on 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. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property. 

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

20. 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 the 

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

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. 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. 
6 

23. 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 must 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. 

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

activities at all times. 

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

26. 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 or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-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. 

28. 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 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. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 
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30. 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 jurisdiction over the area 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 the 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 the 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. Signature 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. 

31. Flight 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. 

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosures 
____________ Birds Eye Aerial Drones, LLC | 805-890-1991 ____________ 

23 February 2015

U. S. Department of Transportation Docket

Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request § 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 CFR §

21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 (c); 91.121; 91.151 (a); 91.203; 

91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam,

Pursuant to § 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Birds Eye Aerial Drones, LLC, operator of Small Unmanned Aircraft Systems (sUAS) 

equipped to conduct aerial filming and photographing to include: infrastructure inspections, aerial 

acquisition (mapping), real estate, and other applicable areas for pre-planned, controlled areas, hereby 

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by §

333. Birds Eye Aerial Drones, LLC current operation of sUAS for commercial purposes has been halted to 

comply with recently enacted federal aviation regulations pertaining to sUAS.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and multi-rotor aircraft under controlled conditions in airspace that is 1) contained 2) 

predetermined 3) has on-site safety personnel controlling access, and 4) would provide increased safety 

and enhancements to clients' business operations.

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. We look forward to working with your office. Please contact us at any time if 

you require additional information or clarification.

The name and address of the applicant is:

Birds Eye Aerial Drones, LLC

Scott J. Painter

CEO

Phone: 805-890-1991

Email: Info@BirdsEyeAerialDrones.com

Address: 6015 Sarita St, La Mesa CA, 91942

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BACKGROUND OF PETITIONER

Birds Eye Aerial Drones, LLC is a Veteran/Family owned business and is operated by Scott 

Painter. Mr. Painter is a FAA licensed pilot with a high performance rating and holds a third class 

medical certificate. He has been piloting for seventeen years and has been active in model radio 

controlled aviation for over twenty years. He has several thousand hours experience in 

combined full scale and model aviation. He has an extensive military aviation background and a 

B.S. degree in aviation management. Mr. Painter is also an active member of Academy of Model 

Aeronautics (AMA) and Aircraft Owners and Pilots Association (AOPA).

Birds Eye Aerial Drones, LLC currently operates two different types of registered sUASs and is 

currently registering an additional model to the fleet.

• Team Black Sheep Discovery Pro (N848SP)

• Tarot T15 (N849SP)

• DJI Inspire (currently registering)

PUBLIC INTEREST AND HOW THE PUBLIC WILL BENEFIT

The exemption request will permit Birds Eye Aerial Drones, LLC to operate sUASs commercially 

for the purpose of aerial filming and photographing inspections of infrastructure, aerial 

acquisition (mapping), real estate, and other applicable areas. Birds Eye Aerial Drones, LLC will 

provide a service that is beneficial to an industry that is already using, and seeking to use, sUASs 

for these purposes with a legal and safe option. This will benefit the public with the controlled 

operation of sUASs and increase integration into the National Airspace System (NAS).

Birds Eye Aerial Drones, LLC sUASs are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By 

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 

allowing the use of a sUAS would reduce the amount of manned aircraft in the NAS, reduce 

noise and air pollution, as well as increase the safety of life and property in the air and on the 

ground.

Conducting aerial acquisitions with Birds Eye Aerial Drones, LLC sUASs, instead of manned 

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial survey flight operations.

Previously high resolution digital aerial real estate photography was only affordable to a few 

select agencies with deep pockets. Birds Eye Aerial Drones, LLC would like to help change this by 

employing our sUASs and make aerial photography affordable to everyone.

High quality aerial imagery and data can provide new and enhanced information about a 

location being surveyed, inspected, or otherwise measured.

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PUBLIC SAFETY

First, and most importantly is safety. Construction continues to be one of the most dangerous 

industries in our United States economy. Allowing Birds Eye Aerial Drones, LLC sUASs operations 

on construction sites, for the purpose of infrastructure inspection, enables safety managers to 

gain valuable, on demand, aerial images. As a result, safety managers can identify possible 

hazards that may jeopardize worker health.

Utilizing Birds Eye Aerial Drones, LLC sUAS for aerial acquisitions will not have detrimental 

effects to the environment caused by operating a combustible fuel based, large scale manned

aircraft.

Whether helping to protect the public, inspecting infrastructure or acquiring aerial imagery, 

sUASs provide real-time situational awareness, enabling better decision-making. Better 

decision-making saves lives and protects property.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s or

controlling authority’s prior consent and knowledge. Aerial photography/filming will be of 

people who have also consented to being photographed or otherwise have agreed to be in the 

area where filming will take place.

CONDITIONS AND LIMITATIONS:

As set forth in the Flight Operations and Procedures Manual (FOPM) and Manufacturers Pilot 

Training Guide (MPTG), the applicant proposes the following limitations and conditions:

1. UAS must weigh less than 55 pounds;

2. UAS airspeed not to exceed 50 knots;

3. UAS flights may not operate at more than 400 AGL and Altitudes reported to ATC must 

be in feet AGL;

4. UAS must be operated within Visual Line of Sight (VLOS) of the PIC;

5. All operations will utilize a Visual Observer (VO). The VO may be utilized as long as the 

PIC maintains VLOS capability and can communicate with the VO at all times;

6. The conditions and limitations will be added or amended in the operator’s manual;

7. The PIC will inspect the UAS to ensure it is safe for flight, along with the Ground Control 

Station (GCS) if utilized. All maintenance and alterations must be properly documented.

8. A functional test flight must be performed for any UAS that has undergone maintenance 

or alterations and be performed by the PIC and added to the operator’s manual;

9. The operator must follows the manufacturer’s UAS aircraft/component, maintenance, 

overhaul, replacement inspection and life limit requirements. The following must be 

included in the operator’s manual;

a. Actuators / Servos;

b. Transmission (single rotor);

c. Power plant (motors);

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d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical or dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and any other component(s) as determined by 

the operator.

10. The PIC must possess a private pilot certificate, a current third-class medical certificate 

and meet the flight review requirements specified in 14 CFR § 61.56;

11. A PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of 200 flight hours and 25 hours as a UAS rotorcraft pilot and at least ten

hours logged as a UAS pilot with a similar sUASs type;

12. A PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of five hours as a sUAS pilot operating the make and model of sUAS to 

be utilized for operations under the exemption and three takeoffs and three landings in 

the preceding 90 days. The PIC must operate the sUASs with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119;

13. The PIC and VO must have completed a qualification process;

14. A flight demonstration, administered by an operator approved and a qualified pilot must 

be completed and documented in accordance with the operator’s manual;

15. The sUASs may not be operated directly over any person, except authorized and 

consenting inspection personnel, below an altitude that is hazardous to persons or 

property;

16. All participating persons must be essential and consent to the UAV operation which 

should require no further FSDO or ASI approval;

17. The operator must ensure that no persons are allowed within 500 feet of the area 

except those consenting to be involved and who are necessary for the on-going 

operation of the entity being inspected;

18. If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the security perimeter and land or be recovered in 

accordance with the operator’s manual;

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator’s manual;

20. Each operation must be completed within 30 minutes flight time or with 25% battery 

power remaining, whichever occurs first;

21. The operator must contain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under this grant of

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but no less than 48 hours prior to the

operation;

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as possible;

23. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, alterations, status of replacement/overhaul component parts, and the

total time in service of the UAS; 

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24. Each UAS operated under this exemption will comply with all manufacturing safety 

bulletins;

25. The operator will develop UAS technician qualification criteria. And the criteria will be in 

the operator’s manual;

26. The pre-flight inspections section of the operator’s manual will include the requirement 

that the pre-flight inspection will account for all discrepancies, i.e. inoperable

components, items, or equipment;

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the FCC or other appropriate government oversight 

agency requirements;

28. At least three days before a scheduled inspection the operator of the UAS affected by 

this exemption will submit a written plan of activity to the local FSDO with jurisdiction

over the area of the proposed inspection. The 3-day notification may be waived with the 

concurrence of the FSDO. The plan of activities will include the following:

a. Dates and times for all flights

b. Name and phone number of the operator for the sUASs inspection conducted 

under this grant of exemption

c. Name and phone number of the person responsible for the on-site operation of 

the UAS

d. Make, model, and serial or N-number of UAS to be used

e. Name and certificate number of UAS PIC s involved in the inspection process

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the inspection; the list of those who gave 

permission shall be made available to the inspector upon request

g. Signature of exemption-holder or representative

h. The description of the flight activity, including maps or diagrams of any area, 

city, town, county, and/or state over which the inspection will be conducted and

the altitudes essential to accomplish the operation

i. The documents required under 14 CFR §§91.9 and 91.203 must be available to 

the PIC at the ground control station of the sUASs any time the aircraft is 

operating. These documents must be made available to the Administrator or 

any law enforcement official upon request.

29. The UAS must remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to ultra-light vehicles, parachute 

activities, parasailing activities, hand gliding, etc.);

30. 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 (SVFR) are not authorized;

31. The UAS cannot be operated by the PIC from any moving device or vehicle;

32. The UAS may not be operated less than 500 feet below or less than 2000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC;

33. The UAS may not be operated in class B, C, or D airspace without written approval from 

the FAA. The UAS may not operate within 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 the airport’s management is obtained, and the operation is

conducted in accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to the administrator

upon request; 

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34. Any I) Incident, 2) Accident, or 3) Flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the Federal Aviation Administration's (FAA) UAS Integration Office (AFS-80) within 24 

hour. Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instruction contained on the NTSB 'web site: www.ntsb.gov. Further flight 

operations may not be conducted until the incident, accident, or transgression is

reviewed by the A FS-80 and authorized to resume operations is provided; 

35. The UAS, PIC and operator will comply with all applicable parts of 14 CFR including, but 

not limited to, parts 45, 47, 61, and 91.

LIST OF ATTACHMENTS

1. Birds Eye Aerial Drones, LLC Flight Operations and Procedures Manual 

2. Manufacturers Pilot Training Guide

3. Team Black Sheep, Discovery Pro N848SP, Operating Manual

4. Tarot, T15, N849SP, Operating Manual

5. DJI Inspire, Operating Manual

6. Ground Station Operating Manual

7. DJI NAZA User Manual

8. Battery Log Form

9. Maintenance Log Form

10. Pre Flight/Post Flight Checklist

11. Flight Notification/Release Form

12. Flight Safety

Twelve attachments listed are referenced in the request for exemption and contain trade secret and 

commercial proprietary information that Birds Eye Aerial Drones, LLC has not and will not share with 

others except under appropriate confidentiality agreements. The Birds Eye Aerial Drones, LLC FOPM 

attachment contains operating conditions and procedures that have been developed exclusively by Birds 

Eye Aerial Drones, LLC, and that are not available to the public. Birds Eye Aerial Drones, LLC is requesting 

that these attachments be treated as proprietary information pursuant to 14 C.F.R. Section 11.35, and 

maintains that they are protected from release under the Freedom of Information Act. See 5 U.S.C. 552 

et seq.

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REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED:

14 CFR Part 21

14 CFR 61.113 (a) & (b)

14 CFR 61.133 (a)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.109 (a)

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

14 C.F.R. 21: Certification Procedures for Products and Parts 

This section outlines requirements for the issue of design and production 

approvals, airworthiness certificates, and other airworthiness approvals. Birds Eye Aerial 

Drones, LLC is aware that if an exemption is granted as per Section 333, an 

airworthiness certificate would be issued and a request for exemption from Part 21 is 

unnecessary. However, as outlined in the List of Limitations and Conditions in this 

application, as well as all of the Attachments to this application, including the FOPM, 

Birds Eye Aerial Drones, LLC seeks to uphold the same level or exceeded level of safety 

as described in Part 21 of 14 C.F.R.

14 C.F.R. § 61.113 (a) & (b), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in 

Command. Commercial Pilot Privileges and Limitations.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s 

license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the FOPM. The level of safety provided by the requirements 

included in the FOPM exceeds that provided by a single individual holding a commercial 

pilot’s certificate operating a conventional aircraft. The risks associated with the 

operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations 

of the sUAS as requested with a private pilot as the PIC exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

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airworthiness. Given the size of the aircraft and the requirements contained in the 

FOPM for maintenance and use of safety check lists prior to each flight, an equivalent 

level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil 

aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. The sUAS, given its size and configuration has no ability or place to 

carry such a flight manual on the aircraft, not only because there is no pilot on board, 

but because there is no room or capacity to carry such an item on the aircraft.

14 C.F.R. § 91.109 (a): FLIGHT INSTRUCTION

Section 91.109 provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. UAs and remotely piloted aircraft, by their design do not have 

fully functional dual controls. Flight control is accomplished through the use of a control 

box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft.

14 C.F.R. § 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter 

and the exemption requests authority to operate at altitudes up to 400 AGL, or not 

more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It 

will however be operated in a restricted area with security perimeter, where buildings 

and people will not be exposed to operations without their pre-obtained consent. The 

equivalent level of safety will be achieved given the size, weight, speed of the sUASs as 

well as the location where it is operated. No flight will be taken without the permission 

of the property owner or local officials. Because of the advance notice to the property 

owner and participants in the activity, all affected individuals will be aware of the 

planned flight operations as set forth in the FOPM.

14 C.F.R. § 91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.” As the sUAS may 

not have a barometric altimeter, but instead a GPS altitude read out, an exemption is

needed. An equivalent level of safety will be achieved by the operator, pursuant to the 

FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight.

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14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast 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 that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 40 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR § 91.151, sUASs flights would be 

limited to approximately 10 minutes in length. Given the limitations on the UAS’s 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Limiting sUAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of 

battery power whichever happens first. This restriction would be more than adequate to 

return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person 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 a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS. An equivalent level of safety will be 

achieved by keeping these documents at the ground control point where the pilot flying 

the sUAS will have immediate access to them, to the extent they are applicable to the 

sUAS.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner “shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain 

the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the FOPM. An equivalent level of safety will 

be achieved because these small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical 

issues arise the sUAS can land immediately and will be operating from no higher than 

400 feet AGL. As provided in the FOPM, the operator will ensure that the sUAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with 

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the aircraft and best suited to maintain the aircraft in an airworthy condition to provide 

the equivalent level of safety.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Birds Eye Aerial Drones, LLC submits that grant of this exemption application advances the

Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UASs 

into the NAS if it can be accomplished safely. This law directs the Secretary of Transportation to 

consider whether certain UASs may operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of the 

NAS, the public, or pose a threat to national security in light of the following:

● The UAS’s size, weight, speed, and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a) (1). If the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. § 333 (c).

The Federal 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, from the requirement that all civil aircraft must have current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of sections 4470244716 of 

this title if the Administrator finds the exemption is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit, including enhanced safety and cost savings associated with use of UASs for aerial 

videography/photography, the reduction or elimination of unregulated operators, and the safe 

integration of UASs. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.

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CONCLUSION

As set forth herein, Birds Eye Aerial Drones, LLC seeks an exemption pursuant to 14 

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 from the 

requirements of 14 CFR § 21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 

(c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b), which 

will permit safe operation of the sUASs commercially, without an airworthiness certificate, for 

the limited purpose of conducting aerial imagery over small, defined operational areas of the 

United States. 

Approval of the exemption allowing commercial operations of Birds Eye Aerial Drones, 

LLC sUASs will increase safety by permitting an operator to conduct a service safely by adhering

to the prescribed guidelines. The exemption will also encourage the education of sUAS 

operators and the adoption of FAA guidelines and approval for commercial sUAS operations as 

pertains to Birds Eye Aerial Drones, LLC employees and contractors. It will allow Birds Eye Aerial 

Drones, LLC to provide a service that benefits the public and local businesses. It benefits the 

public through a higher level of safety of sUAS operations and through a smooth integration of 

sUASs into the NAS. Having a pilot owned business bridges the gap between the advancement 

of sUAS technology and the current practices and operations in the NAS and with the FAA. This 

assists the FAA with its mission of promoting aviation while preserving safety of aviators, the 

public, and property. The sUASs operated by Birds Eye Aerial Drones, LLC satisfies the criteria set 

forth in § 333 of the Reform Act–size, weight, speed, operating capabilities, operation within 

visual line of sight, and national security–and showing an equivalent level of safety to manned 

aircraft flights through appropriate pilot certification and safety focused standards of operation, 

providing more than adequate justification for the grant of the requested exemptions allowing

commercial operations.

By granting this Petition, the FAA Administrator will be fulfilling the Congressional 

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests 

of the public, by allowing Birds Eye Aerial Drones, LLC to safely, efficiently, and economically 

operate the sUASs commercially within the NAS.

Respectfully,

Scott J. Painter

CEO

Birds Eye Aerial Drones, LLC

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