NOVEMBER 29, 2015

U.S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	w12-140

Dear	Administrator,

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	“Reform	Act”)	and	14	

C.F.R.	Part	11,	Eyebot	Aerial	Solutions	(“Eyebot”),a	multi-service	UAS	Service	company,	seeks	an	

exemption	from	the	Federal	Aviation	Regulations	(“FARs”)	listed	below	to	allow	commercial	operation	of	

its	UASs	so	long	as	such	operations	are	conducted	within	an	under	the	conditions	outlined	herein	or	as	

may	be	established	by	the	FAA	as	required	by	Section	333.

The	requested	exemption	would	permit	commercial	operation	of	Eyebots	UAS,	which	are,	multi	rotor	

aircraft,	weighing	less	than	55	lbs.	including	cargo	and	performs	precision	aerial	inspections,	

photogrammetry,	mapping	and	surveys	that	consist	of	still	photographs	or	video	taken	by	an	onboard	

camera.	Applications	for	these	UAS	devices	and	associated	data	processing	functions	include	mining	and	

professional	surveying	as	well	as	inspections	of	difficult	to	reach	equipment	or	structures	including	

bridges,	cell	towers,	flare stacks	etc.	Use	of	the	UAS	for	aerial	surveys	and	inspections	reduces	the	need	to	

operate	conventional	aircraft	or	other	equipment	for	the	same	purpose	and	provides	very	high	quality	

imagery	at	a	fraction	of	the	cost	of	surveys	and	inspections	using	conventional	means.	Likewise,	

inspections	of	structures	can	be	safely	performed	without	endangering	the	inspector	or	inhibiting	local	

industrial	or	public	operations	with	ladders,	lifts	or	other	equipment.	These	savings	result	in	enhanced	

efficiency	and	productivity	for	the	affected	activities,	as	well	as	environmental	benefits	and	potential	

savings	in	both	cost	and	hazards	to	the	public.

This	request	would	also	permit	Eyebot to	conduct	aerial	photography	for	the	use	in	public	periodicals,	

motion	picture	and	television	industry	for	controlled	and	closed	set	filming.		This	request	would	permit	

the	operation	of	small	UAS	under	controlled	conditions	in	airspace	that	is	1)	limited	2)	predetermined	3)	

controlled	as	to	access	and	4)	would	provide	safety	enhancements	to	the	already	safe	operations	in	the	

film	and	television	industry	presently	using	conventional	aircraft.		Approval	of	this	exemption	would	

thereby	enhance	safety	and	limit	environmental	impact	significantly.

Eyebot	Aerial	Solutions

2096	Spooky	Hollow	Rd

jakelydick@gmail.com

www.eye-bot.com
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The	name	and	address	of	the	applicant	is:

Eyebot	Aerial	Solutions

Attn:	Jake	Lydick

Phone:	724-816-2619

Email:	jakelydick@gmail.com

Address:	2096	Spooky	Hollow	Rd,	New	Kensington,	PA	15068

Regulations	from	which	the	exemption	is	requested:

14	CFR	Part	21

14	C.F.R.	45.23(b)

14	CFR	61.113	(a)	&	(b)

14	C.F.R.	91.7	(a)

14	CFR	91.9	(b)	(2)

14	C.F.R.	91.103

14	C.F.R.	91.109

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)

Section	333(a)	through	(c)	of	the	Reform	Act.	This	law	directs	the	Secretary	of	Transportation	to	consider	whether	

certain	unmanned	aircraft	systems	may	operate	safely	in	the	national	airspace	system	(NAS)	before	completion	of	the	

rulemaking	required	under	Section	332	of	the	Reform	Act.	In	making	this	determination,	the	Secretary	is	required	to	
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determine	which	types	of	UASs	do	not	create	a	hazard	to	users	of	the	NAS	or	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).	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)	(emphasis	added).

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,	that	includes	UASs,	from	the	

requirement	that	all	civil	aircraft	must	have	a	current airworthiness	certificate.

Eyebot interprets	this	provision	to	place	the	duty	on	the	Administrator	to	not	only	process	applications	for	exemptions	

under	section	333,	but	for	the	Administrator	to	craft	conditions	for	the	safe	operation	of	the	UAS,	if	it	should	be	

determined	that	the	conditions	set	forth	herein	do	not	fulfill	the	statutory	requirements	for	approval.

The	Administrator	may	grant	an	exemption	from	a	requirement	of	a	regulation	prescribed	under	subsection	(a)	or	(b)	

of	this	section	or	any	sections	44702-44716	of	this	title	if	the	Administrator	finds	the	exemption	in	the	public	interest.	

49	U.S.C.	§44701(f)	See	also	49	USC	§44711(a);	49	USC	§44704;	14	CFR	§91.203	(a)	(1).

Eyebots UAS	is	are	rotorcraft,	weighing	less	than	55	lbs.	including	payload. They	operate under	normal	conditions	at	a	

speed	of	no	more	than	87	knots	and	have the	capability	to	hover,	and	move	in	the	vertical	and	horizontal	plane	

simultaneously.	They will	operate	only	in	line	of	sight	of	the	pilot	and	will	operate	only	within	the	project	area.	Such	

operations	will	insure	that	the	UAS	will	not	create	a	hazard	to	users	of	the	national	airspace	system	or	the	public.

Given	the	small	size	of	the	UAS	involved	and	the	restricted	environment	within	which	it	will	operate,	Eyebot falls	

squarely	within	that	zone	of	safety	(an	equivalent	level	of	safety)	in	which	Congress	envisioned	the	FAA	must,	by	

exemption,	allow	commercial	operations	of	UASs	to	commence	immediately.	Also	due	to	the	size	of	the	UAS	and	the	

restricted	areas	in	which	the	relevant	UAS	will	operate,	approval	of	the	application	presents	no	national	security	issue.	

Given	the	clear	direction	in	Section	333	of	the	Reform	Act,	the	authority	contained	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,	reduction	in	environmental	impacts,	including	reduced	emissions	associated	with	allowing	

UASs	for	inspection	and	survey, volumetric	mapping,	thermal	imaging,	real estate	photography	and	 movie	and	

television	operations,	the	grant	of	the	requested	exemptions	is	in	the	public	interest.	Accordingly,	Eyebot respectfully	

requests	that	the	FAA	grant	the	requested	exemption	without	delay.

Aircraft	and	equivalent	Level	of	Safety

Eyebot proposes	the	exemption	requested	herein	apply	to	civil	aircraft	that	have	the	characteristics	and	that	operate	

with	the	limitations	listed	herein.	These	limitations	provide	for	at	least	an	equivalent	or	even	higher	level	of	safety	to	

operations	under	the	current	regulatory	structure	because	the	proposed	operations	represent	a	safety	enhancement	

to	the	already	safe	photography	and	surveying	operations	conducted	with	conventional	aircraft.
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These	limitations	and	conditions	to	which	Eyebot agrees	to	be	bound	when	conducting	commercial	operations	under	

an	FAA	issued	exemption	include:

1. The	UAS	will	weigh	less	than	55 lbs.

2. Flights	will	be	operated	within	line	of	sight	of	a	pilot	and/or	observer.

3. Maximum	total	flight	time	for	each	operational	flight	will	be no	longer	than	30	minutes.	Flights	will	be						

terminated	at	25%	battery	power	reserve	should	that	occur	prior	to the	30	minute	limit.

4. Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	AGL.

5. Minimum	crew	for	each operation	will	consist	of	the	UAS	Pilot	and	a	Visual	Observer.

6. UAS	pilot	will	be	a	skilled	UAS	operator	experienced	in	the	type	of	UAS	flown.

7. UAS	Pilot	will	be	Pilot	in	Command	(PIC).	If	a	pilot	certificate	holder	other	than	the	UASPilot,	who	possess	the	

necessary	PIC	qualifications,	is	also	present	that	person	can	also	be	designated	as	PIC.

8. The	UAS	will	only	operate	within	a	confined	Project	Area.

9. A	briefing	will	be	conducted	in	regard	to	the	planned	UAS	operations	prior	to	aerial activities.	All	personnel	

who	will	be	performing	duties	within	the	boundaries	of	the	safety	perimeter	will	be	made	aware	of	the	UAS	

filght(s).

10. The	operator	will	obtain	the	consent	of	all	persons	involved	in	the	project	and	ensure	that only	consenting	

persons	will	be	allowed	within	100	feet	of	the	flight	operation.

11. Pilot	and	observer	will	have	been	trained	in	operation	of	UAS	generally	and	received	up to-date	information	

on	the	particular	UAS	to	be	operated.

12. Observer	and	pilot	will	at	all	times	be	able	to	communicate	by	voice	and/or	visuals.

13. Written	and/or	oral	permission	from	the	relevant	property	holders	will	be	obtained.

14. All	required	permissions	and	permits	will	be	obtained	from	territorial,	state,	county	or	city jurisdictions,	

including	local	law	enforcement,	fire,	or	other	appropriate	governmental	agencies.

15. If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UAS	will	have	capability	to return	to	a	predetermined	location	within	the	Security	Perimeter	and	land.

16. The	UAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles	or emergencies.

17. In	the	case	of	closed	set	operations	Eyebot	mandates	a	minimum	25	hours	PIC	logged	in	the	aircraft	to	

perform	the	operations,	with	no less	than	50	takeoff/landings

18. A	“Flight	Profile	Briefing”	will	be	conductor	prior	to	each	light.		All	production	personel	performing	duties	

within	the	boundaries	of	the	safety	perimeter	shall	be	a	part	of	the	briefing.
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19. Eyebot	shall	file	a	FAA	form	7711-1,	or	its	equivalent,	as	modified in	light	of	the	requested	exemption,	with	the	

appropriate	FSDO.

20. Eyebot	will	submit	a	written	Plan	of	Activities	to	the	FSDO	three	days	prior	to	filming	operations

Description	of	Specific	Regulations:

14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	§91.203(a)(1)

Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	requirements	for	the	issuance	of	

airworthiness	certificates	as	required	by	FAR	§91.203	(a)	(1).	Given	the	size	and	limited	operating	area	associated	

with the	aircraft	to	be	utilized	by	Eyebot,	an	exemption	from	Part	21	Subpart	H	meets	the	requirements	of	an	

equivalent	level	of	safety	under	Part	11	and	Section	333	of	the	Reform	Act.	The	Federal	Aviation	Act	(49	U.S.C.§44701	

(0)	and	Section	333	of	the	Reform Act	both	authorize	the	FAA	to	exempt	aircraft	from	the	requirement	for	an	

airworthiness	certificate,	upon	consideration	of	the	size,	weight,	speed,	operational	capability,	and	proximity	to	

airports	and	populated	areas	of	the	particular	UAS.	Our	small	UAS	will	be	operated	at	low	speed	in	a	controlled	

environment	at	least	five	miles	from	an	airport.	An	analysis	of	these	criteria	demonstrates	that	the	UAS	operated	

without	an	airworthiness	certificate,	in	the	restricted	environment	and	under	the	conditions	proposed	will	be	at	least	

safe,	or	safer,	than	a	conventional	aircraft	(fixed	wing	or	helicopter)	operating	with	an	airworthiness	certificate	

without	the	restrictions	and	conditions	proposed.

The	UAS	to	be	operated	hereunder	is	less	than	55 lbs.	fully	loaded, carries	neither	a	pilot	nor	passenger,	carries	no	

explosive	materials	or	flammable	liquid	fuels,	and	operates	exclusively	within	a	secured	area.	Like	other	civil	aircraft,	

operations	under	this	exemption	will	be	tightly	controlled	and	monitored	by	the	operator,	pursuant	to	the	Manual's	

requirements,	and	under	the	requirements	and	in	compliance	with	local	public	safety	requirements,	to	provide	

security	for	the	area	of	operation	as	is	currently	done	on	active	construction	sites.	The	FAA	will	have	advance	notice	of	

all	operations.

These	safety	enhancements,	which	already	apply	to	civil	aircraft	operated	in	connection	with	construction	sites,	

provide	a	greater	degree	of	safety	to	the	public	and	property	owners	than	conventional	operations	conducted	with	

airworthiness	certificates	issued	under	14	C.F.R.	Part	21,	Subpart	H.	Lastly,	application	of	these	same	criteria	

demonstrates	that	there	is	no	credible	threat	to	national	security	posed	by	the	UAS,	due	to	its	size,	speed	of	operation,	

location	of	operation,	lack	of	explosive	materials	or	flammable	liquid	fuels,	and	ability	to	carry	an	external	load	no	

greater	than	two	lbs.

14	C.F.R.	45.23(b):	Marking	of	the	Aircraft

This	regulation	requires	certain	experimental,	provisionally	certificated	aircraft,	or	light	sport	category	aircraft	to	be	

marked	with	letters	between	2	inches	and	6	inches	high	"limited,"	“restricted,"	"light-sport,"	"experimental,"	or	

"provisional,"	near	each	entrance	to	a	cabin,	cockpit,	or	pilot	station.

Even	though	the	UAS	will	have	no	airworthiness	certificate,	an	exemption	may	be	needed	as	the	UAS	will	have	no	

entrance	to	the	cabin,	cockpit	or	pilot	station	on	which	the	word	Experimental"	can	be	placed.	Given	the	size	of	the	

UAS,	two-inch	lettering	will	be	impossible.	The	word	"Experimental"	will	be	placed	on	the	fuselage	in	compliance	with	

§45.29	(f).
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The	equivalent	level	of	safety	will	be	provided	by	having	the	UAS	marked	on	its	fuselage	as	required	by	§45.29	(f)	

where	the	pilot,	observer	and	others	working	with	the	UAS	will	see	the	identification	of	the	UAS	as	"Experimental."	

The	FAA	has	issued	the	following	exemptions	to	this	regulation:	Exemptions	Nos.	10700,	8738,	10167	and	10167A.

14	CFR	61.113	(a)	&	(b):	Private	pilot	privileges	and	limitations:	Pilot	in	command

Sections	61.113	(a)	&	(b)	limit	private	pilots	to	non-commercial	operations.	Unlike	a	conventional	aircraft	that	carries	

the	pilot	and	passengers,	the	UAS	is	remotely	controlled	with	no	living	thing	or	cargo	on	board.	The	area	of	operation	

is	controlled	and	restricted,	and	all	Docket	Management	System	flights	are	planned	and	coordinated	in	advance.	The	

risks	associated	with	the	operation	of	the	UAS	are	so	diminished	from	the	level	of	risk	associated	with	commercial	

operations	contemplated	by	Part	61	when	drafted,	that	allowing	operations	of	the	UAS	as	requested	with	a	pilot	who	is	

an	experienced	UAS	operator	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	airworthiness.	Given	the	size	of	the	aircraft and	the	requirements	contained	in	the	Manual	for	

maintenance	and	use	of	safety	checklists	prior	to	each	flight,	an	equivalent	level	of	safety	will	be	provided.

14	CFR	91.9	(b)(2):	Civil	aircraft	flight	manual,	marking,	and	placard	requirements

The	UAS,	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.

The	equivalent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	the	ground	control	point	where	the	

pilot	flying	the	UAS	will	have	immediate	access	to	it.	The	FAA	has	issued	the	following	exemptions	to	this	regulation:	

Exemption	Nos.	8607,	8737,	8738,	9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	32827,	and	10700.

14	C.F.R.	91.103:	Preflight	Action

This	regulation	requires	each	pilot	in	command	take	certain	actions	before	flight	to	ensure	the	safety	of	flight.	An	

exemption	is	needed	from	this	requirement	as	the	pilot will	take	separate	preflight	actions,	including	checking	for	

weather	conditions,	checking	flight	battery	requirements,	checking	takeoff	and	landing	distances,	and	all	other	actions	

in	the	Preflight	Checklist	in	the	UAS	Manual.	These	actions	will	provide	an	equivalent	level	of	safety.

14	C.F.R.	91.109:	Flight	Instruction

Section	91.103	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.

By	design,	UASs	and	remotely	piloted	aircraft	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	

previously	approved	exemptions	for	aircraft	without fully	functional	dual	controls.	See	Exemption	Nos.5778K	&	

9862A.	The	equivalent	level	of	safety	provided	by	the	fact	that	neither	a	pilot	nor	passengers	will	be	carried	in	the	

aircraft,	the	ability	to	control	the	UAS	via	radio	signals	from	the	controller,	and	by	the	size	and	speed	of	the	aircraft.
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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.	This	exemption	is	for	a	multirotor	craft	that	flies	similarly	to	a	

helicopter,	with	vertical	take	off	and vertical	landing,	which	will	typically	operate	at	altitudes	of	200	AGL	so	an	

exemption	may	be	needed	to	allow	such	operations.	The	UAS	will	never	operate	at	an	altitude	higher	than	400	AGL	

and	will	be	in	a	restricted	area,	where	buildings	and	people	will	not	be	exposed	to	operations	without	their	preobtained	consent.	The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	the	UAS	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	any	onsite	personnel	all	affected	individuals	will	be	aware	of	

the	planned	flight	operations.	Compared	to	flight	operations	with	aircraft	or	rotorcraft	weighing	far	more	than	the	

maximum	30	lbs.	proposed	herein	and	carrying	flammable	fuel,	any	risk	associated	with	our	operations	is	far	less	than	

those	presently	presented	with	helicopters	and	other	conventional	aircraft	operating	at	or	below	500	AGL	in	the	

industry.	In	addition,	the	low-altitude	operations	of	the	UAS	will	ensure	separation	between	these	small	UAS	

operations	and	the	operations	of	conventional	aircraft	that	must	comply	with	Section	91.119.

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	UAS	may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an	exemption	may	be	needed.	An	

equivalent	level	of	safety	will	be	achieved	by	the	operator,	pursuant	to	the	UAS	Manual	and	Safety	Check	list,	

confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	altitude	indicator	before	flight.

14	CFR	91.151	(a):	Fuel	requirements	for	flight	in	VFR	conditions

Section	91.151	(a)	outlines	fuel	requirements	for	beginning	a	flight	in	VFR	conditions.	Our	UAS	is	limited	to	operations	

in	sterile	and	controlled	environments	and	has	a	limited	range	and	flight	time	which	require	an	exemption	from	14	

CFR	91.151(a).

The	battery	powering	the	UAS	provides	approximately	20	minutes	of	powered	flight.	This	does	not	meet	the	30	minute	

reserve requirement	in	14	CFR	§91.151.

Eyebot	believes	that	an exemption	from	14	CFR	§91.151(a)	falls	within	the	scope	of	prior	exemptions.	See	Exemption	

10673	(allowing	Lockheed	Martin	Corporation	to	operate	without	compliance	with	FAR	91.151	(a)).	Operating	the	

small	UAS,	in	a	tightly	controlled	area	where	only	people	and	property	owners	or	official	representatives	who	have	

signed	waivers	will	be	allowed,	with	less	than	30	minutes	of	reserve	fuel,	does	not	engender	the	type	of	risks	that	

Section	91.151(a)	was	intended	to	alleviate	given	the	size	and	speed	of	the	small	UAS.	An	equivalent	level	of	safety	can	

be	achieved	by	limiting	flights	to	15	minutes,	or	enough	battery	reserve	to	ensure	that	the	UAS	lands	at	the	ground	

station	with	at	least	20%	of	battery	power	(as	determined	by	the	onboard	monitoring	system	and	the pilot),	

whichever	happens	first.	This	restriction	would	be	more	than	adequate	to	return	the	UAS	to	its	planned	landing	zone	

from	anywhere	in	its	limited	operating	area.	Similar	exemptions	have	been	granted	to	other	operations,	including	

Exemptions	2689F,	5745,	10673,	and	10808.

14	CFR	91.203	(a)	&	(b):	Carrying	civil	aircraft	certification	and	registration
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The	regulation	provides	in	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	UAS	fully	loaded	weighs	no	more	than	55 lbs	and	is	operated	without	an	onboard	pilot.	Therefore	there	is	no	

ability	or	place	to	carry	certification	and	registration	documents	or	to	display	them	on	the	UAS.

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	ground	flight	control	point	where	the	

pilot	flying	the	UAS	will	have	immediate	access	to	them,	to	the	extent	they	are	applicable	to	the	UAS.	The	FAA	has	

issued	numerous	exemptions	to	this	regulation.	A	representative	sample	of	other	exceptions	includes	Exemption	Nos.	

9565,	9665,	9789,	9789A,	9797,	9797A,	9816A,	and	10700.

14	CFR	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	these	sections	and	Part	43	apply	only	to	aircraft	with	an	airworthiness	certificate	these	sections will	not	apply	to	

Eyebot.	Maintenance	will	be	accomplished	by	the	operator	pursuant	to	the	flight	manual	and	operating	handbook.	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	UAS	can	land	

immediately	and	will	be	operating	from	no	higher	than	400	feet	AGL.	The	operator	will	ensure	that	the	UAS	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	the	aircraft	and	best	suited	to	maintain	the	aircraft	in	an	

airworthy	condition	to	provide	the	equivalent	level	of	safety.

********

Pursuant	to	14	C.F.R.	Part	11,	the	following	summary	is	provided	for	publication	in	the	Federal	Register,	should	it	be	

determined	that	publication	is	needed:

Eyebot seeks	an	exemption	from	the	following	rules:14	C.F.R.	§21,	subpart	H;

14	C.F.R	45.23(b);14	C.F.R.	§§	61.113(	a)	&	(b);91.7	(a);	91.9	(b)	(2);91.103(b);91.109;	91.119;	91.121;	

91.151(a);91.203(a)	and	(b);	91.405	(a);	91.407	(a)	(1);	91.409	(a)	(2);	91.409	(a)	(2)	and	91.417	(a)	&	(b)	to	operate	

commercially	a	small	unmanned	vehicle	(55lbs	or	less)	in	construction,	mining,	surveying,	or	inspection	operations.

Approval	of	exemptions	allowing	commercial	operations	of	UASs	in	volumetric	mapping,	thermal	imaging,	real	estate	

photography	and	movie	and	television	operations	construction,	mining,	surveying,	or	inspection	industry	enhances	

safety	while	reducing	risk.	Manned	aircraft	monitoring	and	surveying	creates	a	greater	risk	because	the	craft	are	much	
Page	9

larger,	have	combustible	fuel,	and	carry	an	onboard	human	pilot.	In	contrast,	a	UAS	weighing	fewer	than	55 lbs.	and	

powered	by	batteries	eliminates	virtually	all	of	that	risk	given	the	reduced	mass	and	lack	of	combustible	fuel	carried	

on	board.	The	UAS	will	carry	no	passengers	or	crew	and,	therefore,	will	not	expose	them	to	the	risks	associated	with	

manned	aircraft	flights.

The	operation	of	small	UASs,	weighting	less	than	55 lbs.,	conducted	in	the	strict	conditions	outlined	above,	will	provide	

an	equivalent	level	of	safety	supporting	the	grant	of	the	exemptions	requested	herein,	including	exempting	Eyebot

from	the	requirements	of	Part	21	and	allowing	commercial	operations.	These	lightweight	aircraft	operate	at	slow	

speeds,	close	to	the	ground,	and	in	a	sterile	environment	and,	as	a	result,	are	far	safer	than	conventional	operations	

conducted	with	helicopters	operating	in	close	proximity	to	the	ground	and	people.

Privacy

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	owner's	prior	consent	and	

knowledge.	Images	taken	will	be	of	individuals	who	have	also	consented	to	being	filmed	or	otherwise	have	agreed	to	

be	in	the	area	where	aerial	photography	will	take	place.

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	of	2012--size,	weight,	speed,	operating	

capabilities,	proximity	to	airports	and	populated	areas	and	operation	within	visual	line	of	sight	and	national	security	

— provide	more	than	adequate	justification	for	the	grant	of	the	requested	exemptions	allowing	commercial	operation	

of	Eyebots UASs	in	construction	industry	pursuant	to	the	UAS	Manual.

Specific	Examples	of	Potential	UAS	use	by	Eyebot:

Eyebot	currently	has	available	a	Freefly	Systems	Alta,	DJI	Inspire	1,		and DJI	Phantom	3 to	use	if/when	permission	is	

granted.	All	of	the	previous	equipment	has	been	listed	on	several granted	section	333	exemptions.(CopelandRED	LLC	

Exemption	#	12103)	(Aerial	Enterprises,	Inc,	Exemption	#	12432)Purchase	of	similar	models may	be	pursued	at	a	

later	date.	Use	of	these tools would	allow	Eyebot to:

·	Inspect	existing	inaccessible	or	difficult	to	access	structures	such	as	tops	of	river	cells,	sides	of	bridges,	industrial	

rooftops,	and	smoke	stacks.	This	would	save	time	and	money	and	public	inconveniences	by	negating	the	need	to	

mobilize	large	lift	equipment	or	close	roads	during	bridge	or	public	building	inspections.

·	 Develop	3D	models	from	imagery	collected	during	flight.	Using	software	to	turn	photographs	into	scalable	3D	

models	minimizes	the	need	for	tape	measures	and	other	‘hands	on’	surveying	tools	which	can	inhibit	industrial	and	

public operations	as	well	as	be	a	safety	issue	to	the	employee	and	public.

·	 Develop	land	surveys	quickly	and	inexpensively	compared	to	conventional	methods.	Aerial	surveys	can	be	

conducted	on	small	areas	with	the	UAS	negating	the	need	for	large	conventional	aircraft	and	other	conventional	

surveying	devices	which	may	inhibit	industrial	or	public	operations.

·	 Enhanced	public	awareness.	Eyebot’s	services	include public	places	such	as	bridges,	biking/hiking	trails,	

landfill	closures,	etc.	The	ability	to	use	up	to date	aerial	photography	will	enable	the	client	and	the	public	to	better	

understand	the	project.
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·	 Real	Estate	inspections,	Photography	and	Closed	set	filming.		Eyebot	intends	to	use	small	UAS	under	55	lbs	

where	conventional	aircraft	were	previously	employed	to	perform	the	same	operation.		Small	UAS	do	not	risk	pilot	and	

crew	and	greatly	reduce	environmental	impact	therefor	adding	significant	public	benefit.

Eyebot	would	ask	the	Administrator	to	consider	all	previously	awarded	exemptions	as	supporting	arguments	to	this	

exemption	request

Should	the	administrator	require	any	additional	information	or	clarification	please	contact	me	directly

Jake	Lydick

Eyebot	Aerial	Solutions

2096	Spooky	Hollow	Rd

New	Kensington,	PA	15068

TEL	724.816.2619

jakelydick@gmail.com