UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION (FAA)

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

BIRD’S EYE DRONES, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14

OF THE CODE OF FEDERAL REGULATIONS SECTIONS

14 C.F.R §§ 45.23(b); Part 21, Subpart H; 61.23(a); 61.113(a); 91.7(a); 91.119(c); 

91.121; 91.151(a);

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

CONCERNING COMMERCIAL OPERATION OF DJI UNMANNED AIRCRAFT 

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

SUBMITTED ON SEPTEMBER 9, 2015 BY:

Mr. Vikash Mahadeo

BIRD’S EYE DRONES, LLC

9212 Randal Park Blvd, #3124

Orlando, FL 32832

TEL: 321-402-4442

Birdseyedronesfl@Gmail.Com
BIRD’S EYE DRONES, LLC. 

BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 2

INTRODUCTION

Bird’s Eye Drones, LLC, an Orlando, Florida based Limited Liability Corporation, 

formally requests exemption from the requirements of 14 C.F.R §§ 45.23(b); Part

21, Subpart H; 61.23(a); 61.113(a); 91.7(a); 91.119(c); 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(1)&(2); 91.417(a)&(b); in order to operate an 

Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA). This exemption will permit Bird’s Eye Drones, LLC to 

operate its Small Unmanned Aircraft System(s) (sUAS, or simply UAS hereinafter) 

for the commercial purpose of conducting aerial videography and photography in 

airspace regulated by the Federal Aviation Administration over various locations,

including landscapes, waterways and oceans within the United States of America.

Bird’s Eye Drones, LLC’s objective is to capture, document, and archive images 

and video using aerial photographic & video technology, thus providing its clients 

high quality imaging at low cost, in addition to providing visual perspectives that are 

otherwise unattainable from ground level.

THE UNMANNED AIRCRAFT SYSTEMS OF BIRD’S EYE DRONES, LLC:

DJI Phantom 3 Professional

The petitioner requests permission to operate the DJI Phantom 3 Professional UAS 

within the National Airspace System for hire or compensation. The DJI system listed 

above is a vertical takeoff and landing, unmanned aircraft with a ground control 

station utilizing electronic tablet or smart phone systems. It also has a maximum 

speed under 50 knots, and weighs less than 10 pounds including payload, if any. 

No operations will be conducted within 5NM of an airport. Included as the Appendix 

to this document are the data specifications and link to the user manual of the UAS. 

Similar exemptions utilizing such UAS have been approved and deemed airworthy, 

not requiring any airworthiness certification, including exemptions Nos. 11109 

Clayco, Inc, 11595 Gary Huett, 11669 Photobird LLC, and 12727 Sparktech 

Imagery LLC. 

In accordance with 14 C.F.R § 11.81, Bird’s Eye Drones, LLC provides the 

following information in support of its petition for exemption:
BIRD’S EYE DRONES, LLC. 

BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 3

NAME AND ADDRESS OF PETITIONER:

Bird’s Eye Drones, LLC 

Attn: Mr. Vikash Mahadeo

Mailing Address: 9212 Randal Park Blvd, #3124, Orlando, FL 32832

Email: birdseyedronesfl@gmail.com

Tel: 321-402-4442

Bird’s Eye Drones, LLC submits that proper safety will be ensured and can serve to

benefit the general public and pose no threat to national security.

Bird’s Eye Drones, LLC will use experienced personnel or manufacturer– authorized 

technicians to perform maintenance, alterations, or preventative maintenance on 

the UAS using the methods, techniques and practices prescribed in the operating 

documents. Bird’s Eye Drones, LLC will document and maintain a maintenance 

record for its UAS.

Bird’s Eye Drones, LLC will have a Pilot in Command (PIC) that holds either an 

airline transport, commercial, private, recreational, or sport pilot certificate and 

medical certificate or valid US driver’s license. Documentation of such certificate(s) 

and license(s) shall be readily available at all times. The PIC will operate the UAS 

within visual line of sight (VLOS) and use a visual observer (VO) at all times. All

operations will be at a maximum of 400ft above ground level. The PIC will conduct 

pre-flight inspections with every flight; in addition a post-flight inspection will also be 

performed. To ensure further safety, no PIC will be allowed to operate the UAS 

unless that PIC has met certain flight-hour requirements, demonstrating that the 

PIC is able to safely operate the UAS, including evasive and emergency maneuvers, 

as well as maintaining appropriate distances from people, vessels, vehicles and 

structures. Utilization of the built-in features in the DJI system, such as flight 

telemetry, conditions, and records, will be logged.

Bird’s Eye Drones, LLC operations utilizing the UAS will provide a great benefit to 

the general public and serve the interest of the public by providing a service that 

was once only available by hiring a much larger manned aircraft. In comparison, the 

UAS will provide a service of quality aerial photographic images and video to many 

different business and individuals for considerably less cost than that of utilizing a 

manned aircraft. In addition to saving money, the time required for setup and flight 

is also considerably shorter, including the fact that the UAS is documenting footage 

on-site, versus taking off from an airport to then flying to the location or site when 

using manned aircraft. The UAS has significant safety, noise, emission, security and 

environmental benefits, not available to larger manned aircrafts, by using battery 

power and electric motors. It also has numerous safety features such as ‘Failsafe 

Mode;’ allowing for automatic landing should the signal between PIC and the UAS 

be interrupted, GPS based altitude and distance locks, flight limit functions and low 

battery warnings.
BIRD’S EYE DRONES, LLC. 

BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 4

The use of the UAS will decrease congestion of the National Airspace System and 

reduce air and noise pollution. Further, by this reduction it can increase the safety of 

life and property in the air and on the ground. Airport congestion will also be 

reduced as the UAS do not require an airport for takeoff or landing, thus aiding to 

reduce the load on the air traffic control during ground, departure, arrival and

landing phases of flight operations.

Bird’s Eye Drones, LLC proposed commercial operations would not implicate any 

privacy issues. The UAS will be operated in compliance with property owners, as 

well as any local law enforcement requests or notifications if applicable and in 

accordance with the Federal Aviation Regulations.

SPECIFIC SECTIONS OF 14 C.F.R FROM WHICH BIRD’S EYE DRONES, LLC

SEEKS EXEMPTION:

1. 45.23(b) Aircraft markings

2. Part 21, Subpart H Certification procedures; Airworthiness Certificates

3. 61.23(a) Medical Certificate requirements

4. 61.113(a) Private pilot privileges

5. 91.7(a) Airworthiness certificate

6. 91.119(c) Minimum safe altitudes

7. 91.121 Altimeter settings

8. 91.151(a) Fuel requirements for flights in VFR conditions

9. 91.405(a) Maintenance required

10. 91.407(a) (1) Operation after maintenance

11. 91.409(a)(1)and(2) Inspections

12. 91.417(a)&(b) Maintenance records

EXTENT OF RELIEF AND REASONS REQUESTING RELIEF

14 C.F.R.45.23(B): DISPLAY OF MARKS; GENERAL

Bird’s Eye Drones, LLC has Unmanned Aircraft Systems, which, as unmanned, do 

not have a cabin, cockpit or pilot station to mark certain words. Furthermore, the 

two-inch lettering is also difficult to place on such a small aircraft. Bird’s Eye 

Drones, LLC’s UAS will have identification by serial number, registered in 

accordance with 14 C.F.R. part, and have identification (N-Number) markings in

accordance with 14 C.F.R. Part 45, Subpart C. Markings will be large as possible. 

The FAA has previously issued exemptions to this regulation through Exemptions 

Nos. 8738, 10167, 10700 and 11595.
BIRD’S EYE DRONES, LLC. 

BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 5

14 C.F.R. PART 21, SUBPART H & 14 C.F.R. 91 – AIRWORTHINESS

CERTIFICATES, MANUALS AND OTHER REQUIREMENTS

Bird’s Eye Drones, LLC uses a UAS that when considering its size, weight, speed, 

and the limited operating area associated with the aircraft and its operations, meet 

the conditions of Section 333, and requests relief from the regulation. With regards 

to the requirements 14 C.F.R 91.7(a); considering the exemption of requiring an 

airworthiness certificate, size and unmanned status of the UAS the regulations are 

inapplicable to this operation. The petitioner will meet all safety requirements and

registrations of the FAA and maintain a safety record and manual for the UAS. To 

ensure the UAS are airworthy, proper maintenance will be regularly applied.

14 C.F.R. §61.23(A), 61.113 (A): MEDICAL CERTIFICATE & PRIVATE PILOT

PRIVILEGES AND LIMITATIONS: OPERATOR.

Bird’s Eye Drones, LLC’s UAS will not carry any persons on board. It will be 

remotely controlled and operated by a PIC holding either an airline transport, 

commercial, private, recreational, or sport pilot certificate ensuring that the PIC has 

the skills to safely operate the system in a manner acceptable to the FAA. In 

addition all PIC operators will go through guidance, training and meet certain flight 

hour requirements, demonstrating that the PIC is able to safely operate the UAS 

including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures prior to operating Bird’s 

Eye Drones, LLC’s UAS. The PIC will hold either 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. All Bird’s Eye 

Drones, LLC operations will be controlled and limited. All flights will be coordinated 

ahead of time ensuring a level of safety that is in accordance with FAA 

requirements.

14 C.F.R. § 91.119 : MINIMUM SAFE ALTITUDES

Bird’s Eye Drones, LLC’s UAS will never operate at an altitude greater than 400 feet 

AGL unless other altitude limits are forthcoming by the FAA. The petitioner will 

operate the UAS in a manner protecting the public and any consenting participants, 

providing a level of safety at least equivalent to or below those in relation to 

minimum safe altitudes.

14 C.F.R. § 91.121: ALTIMETER SETTINGS

Bird’s Eye Drones, LLC’s UAS have no altimeter settings. They, however, utilize 

electronic global positioning systems with a barometric sensor providing 

instantaneous telemetry to the PIC as to the altitude (AGL) of the UAS above the 

takeoff location.

14 C.F.R. §91.151(A) FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS.

Bird’s Eye Drones, LLC believes that an equivalent level of safety can be achieved 

by following the UAS manufacturer’s operating documents with regard to battery 
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BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 6

voltage. In order to achieve or exceed the level of safety, the PIC will not begin a 

flight unless (considering wind and forecast weather conditions) there is enough 

power to conduct the intended operation and to operate after that for at least 5 

minutes.

14 C.F.R. § 91.405(A); 407 (A)(1); 409 (A) (1)&(2); 417(A)&(B): MAINTENANCE

INSPECTIONS

Bird’s Eye Drones, LLC operators and PIC will perform preventative and required 

maintenance on its UAS as required by the manufacturer and/or FAA safety/service 

bulletins. If a mechanical event occurs the UAS will land immediately. The operator 

will make sure that the UAS is in an airworthy condition prior to each flight 

operation. The operator will perform maintenance on its UAS and will maintain 

thorough record keeping of any maintenance performed. In order to meet or 

exceed level of safety as described in 14 C.F.R operations will include: Pre-flight 

operations: prior to each flight the PIC will conduct and preflight inspection of the 

UAS and Ground Control Station to ensure they are in such condition safe for flight, 

including all mechanical, electronic, and software related aspects of flight 

operations. All discrepancies found during the preflight inspection will prohibit flight 

operations until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. All discrepancies, maintenance, alterations 

will be properly documented in the aircraft records. If the UAS has undergone 

maintenance or alterations that affect the UAS operation or flight characteristics 

there will be a functional flight test by the PIC and the PIC will make and entry in the

aircraft’s maintenance records. All maintenance will follow the UAS manufacturer’s 

aircraft/ component, maintenance, overhaul, replacement and inspection 

requirements. Each UAS will comply with all manufacturers’ safety bulletins. The 

operator will carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the manufacturers operating documents. All 

maintenance, inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service. Authorized persons will make entry in the 

aircraft record of corrective action taken against discrepancies discovered between 

inspections.

STATUTORY AUTHORITY FOR EXEMPTION

In accordance with the FMRA, Section 333 & 334 states that the Secretary of 

Transportation has the authority to grant which types of unmanned aircraft systems 

can be used in the national airspace system and whether a certificate of waiver, 

authorization or airworthiness is required for operation. Furthermore, subject to 

operating restrictions required by the FAA, facilitate the capability of public agencies 

to develop, test and operate unmanned aircraft systems.
BIRD’S EYE DRONES, LLC. 

BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 7

SUMMARY FOR PUBLISH IN THE FEDERAL REGISTER

Bird’s Eye Drones, LLC requests exemption from the requirements of 14 C.F.R §§ 

45.23(b); Part 21, Subpart H; 61.23(a); 61.113(a); 91.7(a); 91.119(c); 91.121; 

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

Granting of this exemption will permit Bird’s Eye Drones, LLC to operate its 

Unmanned Aircraft Systems (UAS) for conducting commercial aerial photography 

and videography in the airspace regulated by the Federal Aviation Administration 

over various locations within the United States of America. 

Bird’s Eye Drones, LLC utilizing above referenced equipment, properly trained 

personnel, and safety levels to be implemented, that the FAA grants Bird’s Eye 

Drones, LLC an exemption for the operation of a commercial UAS for aerial 

photography and videography operations in the National Airspace System, 

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. 

Respectfully, 

______________________________

Vikash Mahadeo

President

Bird’s Eye Drones, LLC

9212 Randal Park Blvd, #3124

Orlando, FL 32832

321-402-4442

birdseyedronesfl@gmail.com
BIRD’S EYE DRONES, LLC. 

BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 8

APPENDIX

DJI is an industry leader in small UAS production. DJI UASs are loaded with 

groundbreaking software, enabling the user to set parameters which will not allow 

flight into controlled airspace. Parameters can also be set to limit flight to no higher 

than a predetermined and set altitude as well as limit flight to a predetermined and 

set distance. In addition, DJI software provides real-time altitude and location

information to the PIC via the linked monitor (smart phone/tablet devices). The 

following are the technical specifications of the DJI UAS to be used by Bird’s Eye 

Drones, LLC:

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

AIRCRAFT

Weight (Battery & Propellers Included) 1280g (2lbs 13.1oz)

Max Ascent/Descent Speed Ascent: 5m/s; Descent: 3m/s

Max Speed 16m/s (ATTI mode, no wind)

Max Flight Altitude 6000m (will not exceed 400ft AGL) 

Max Flight Time Approx. 23minutes

Operating Temperature 0oC - 40oC

GPS mode GPS/GLONASS

GIMBAL

Controllable Range Pitch : -90o to + 30o

Number of Axes 3

VISION POSITIONING SYSTEM (VPS)

Velocity Range < 8m/s (2m above ground)

Altitude Range 30cm – 300cm

Operating Range 30cm – 300cm

Operating Environment Brightly lit (lux > 15) pattern surfaces

CAMERA

Sensor Sony EXMOR 1/2.3” Effective 

pixels:12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20mm (35mm format 

equivalent) f/2.8

ISO Range 100-3200(video) 100-1600(photo)

Electronic Shutter Speed 8s -1/8000s

Image Max size 4000 x 3000
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BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 9

Still Photography Modes Single shot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5

Bracketed frames at 0.7EV

Bias Time-lapse

Supported SD Card Types Micro SD, Max. Capacity: 64 GB. Class 

10 or UHS-1 rating required

Video Recording Modes UHD : 4096x2160p 24/25 fps,

3840x2160p 24/25/30

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Max. Bitrate Of Video Storage 60 Mbps

Supported File Formats FAT32/exFAT

Photo: JPEG, DNG/ RAW

Video: MP4/MOV (MPEG-4 AVC/H.264)

Operating Temperature Range 0°C to 40°C

RADIO CONTROLLER (AKA REMOTE CONTROLLER)

Operating Frequency 2.400 GHz-2.483 GHz

Transmitting Distance 2000 m (Outdoor And Unobstructed)

Video Output Port USB. Can be upgraded to mini HDMI, 

USB, MicroUSB combo output module 

(DJI Phantom 3 Pro Part # 54)

Operating Temperature Range 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 V

CHARGER

Voltage 17.4 V

Rated Power 100 W

INTELLIGENT FLIGHT BATTERY

( PH3-4480 MAH-15.2 V )

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S
BIRD’S EYE DRONES, LLC. 

BIRD’S	EYE	DRONES,	LLC	– REQUEST	FOR EXEMPTION 10

Energy 68 Wh

Net Weight 365 g

Operating Temperature -10°C- 40°C

Max. Charging Power 100 W

MOBILE APPLICATION

Mobile Device System Requirements iOS version 7.1 or later;

Android version 4.1.2 or later

Supported Mobile Devices * iPhone 6 Plus, iPhone 6, iPhone 5S, 

iPad Air 2, iPad Mini 3, iPad Air, iPad 

Mini 2, iPad 4;* Samsung Note 3, 

Samsung S5, Sony Z3 EXPERIA;

* Note: It is recommended that you use 

a tablet for the best experience

The complete user manual for can be found: http://www.dji.com/product/phantom3/download