April 22, 2015 

Federal Aviation Administration: 

On behalf of Birdseye Video Franchising, LLC and our franchise subsidiaries (all DBA 

“BirdsiVideo”) I would like to formally submit for an exemption from part 21, subpart H; 

and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and 

(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of 

Federal Regulations (14 CFR). This proposed exemption would allow our operation of 

unmanned aircraft systems (UAS) for the purpose of aerial videography and to augment 

real estate listing videos in various metropolitan areas. 

We will operate various small UAS DJI models, including but not limited to the DJI 

PHANTOM 2, PHANTOM 2 Vision and PHANTOM 3, which is comprised of an unmanned aircraft (UA or PHANTOM), an attached GoPro Hero camera (or built in camera 

with PHANTOM 2 Vision and PHANTOM 3) and a transportable ground station. 

The DJI PHANTOM models are quad-copters with a maximum gross weight of about 3 

pounds. They are equipped with four rotors that are driven by electric motors powered 

by batteries. The UA has a maximum airspeed of approximately 30 knots. We will operate the UA over various areas throughout the US to capture aerial video and augment 

real estate listing videos.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, 

which ensures a level of safety at least equal to existing rules: 

• operate UAS below 400 feet AGL and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation; 

• obtain permission from the owner/controller of any vessels, vehicles and structures 

when operations may be conducted closer than 500 feet to any such vessels, vehicles 

or structures; we will conduct a safety assessment of the risk of operating closer to 

those objects and determine that it does not present an undue hazard; 

• operate the UAS for 5-15 minutes per flight; 

• land UAS prior to the manufacturer’s recommended minimum level of battery power; 

• operate UAS during daylight hours only within visual line of sight (VLOS); 
• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers 

and then slowly lands if communication with the remote control pilot is lost; 

• conduct all operations under the flight safety protocols contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance safety protocols; 

• contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information; 

• always obtain all necessary permissions prior to operation; 

• have procedures in place to abort flights in the event of safety breaches or potential 

danger;

• only operate in safe environments that are strictly controlled, are away from power 

lines, elevated lights and airports; 

• conduct extensive preflight inspections and protocols, during which safety carries primary importance.

UAS Pilot in Command (PIC) 

All PICs will demonstrate the required aeronautical knowledge and the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated for the requested exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we

feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, 

is warranted and meets the requirements for an equivalent level of safety under 14 CFR 

part 11 and Section 333 of P.L. 112-95 (Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

the two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, we can mark the UAS in the 

largest possible lettering by placing the word “Experimental” on its fuselage as required 

by § 45.29(f) so that anyone will see the markings.
We request an exemption from § 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate, since there is currently no certificate applicable to 

our operation, this regulation is inapplicable. 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in 

the aircraft, however since there are no pilots or passengers on board the aircraft and 

given its size, this regulation is inapplicable. We believe an equivalent level of safety 

will be achieved by maintaining a safety/flight manual with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. We will not operate our UAS above the altitude of 300 feet above ground 

level (AGL) and will also only operate in safe areas away from the public and traffic, 

thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an 

equivalent or higher level of safety will be achieved. 

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the

UAS utilizes electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued - per the operating documents, the UAV will be landed at the first alert. Also, our flights will last only 

5-10 minutes each, and the UAS has an automated function which results in immediate 

landing when a low battery is detected. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point 

of intended landing and, assuming normal cruising speed, land the UA with 30% battery 

power remaining.

Public Interest 

Aerial videography for geographical awareness and for real estate marketing has been 

around for a long time through manned fixed wing aircraft and helicopters, but for small 

business owners, its expense has been cost-prohibitive. By granting this exemption we 

would be able to provide this service at a much lower cost. Further, our small UAS will 

pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize eco-
logical damage and promote economic growth by providing information to companies 

looking to relocate or build in the metro areas we service. 

Summary 

We will comply with all of the following conditions and limitations should this grant of exemption be provided:

1) Operations will be limited to the following aircraft described in the operating documents which is a quad-rotor aircraft weighing less than 3 pounds: Various DJI PHANTOM models. 

2) The UA will not be flown at an indicated airspeed exceeding 30 knots. 

3) The UA will be operated at an altitude of no more than 400 feet above ground level 

(AGL).

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command 

(PIC) at all times. 

5) All operations will utilize a visual observer (VO). The UA will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC will be designated before the flight and will not 

transfer his or her designation for the duration of the flight. The PIC will ensure that the 

VO can perform the functions prescribed in the operating documents. 

6) The operating documents will be accessible during UAS operations and made available to the Administrator upon request. Any revisions to the operating documents will 

be presented to the Administrator upon request. 

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

UAS will not be operated until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. 

The PIC who conducts the functional test flight will make an entry in the aircraft records. 
9) The pre-flight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be 

noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service. 

12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13) An authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

14) UAS operations will be conducted by a PIC possessing at least a sport pilot certificate and at least a valid US drivers license. 

15) The PIC will not operate the UAS for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar operations), unless the PIC 

has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability 

to safely operate the UAS in a manner consistent with the operating documents, including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

16) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). 

17) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart. 

18) The UA will 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. 

19) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 

20) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 
21) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing 

point and land the UA with 30% battery power remaining. 

22) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon 

request. 

23) The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

24) The UAS will not be operated by the PIC from any moving device or vehicle. 

25) Flight operations will 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. We will 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 and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission 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.

26) All operations will be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

27) Any incident, accident, or flight operation that transgresses the lateral or vertical 

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

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to 

the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov.