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 AIRCRAF T

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

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BIRD’S	EYE	DRONES,	L LC

– 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); 91.40 9(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) ( s UAS , or simply UAS hereinafter )

for the commercial purpose of conducting aerial vi deo graphy 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, t hus providing its clients high quality imaging at low cost, in addition to providing vi sual perspectives that are

otherwise unattainable from ground level

.

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

DJI Phantom 3 Professional

The petitione r req uests 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 elect ronic 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 operation s will be conducted within 5NM of an airport. Included as the A ppendix

to this document are t he data spec ifications 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 Photobir d 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 suppor t of its petition for exemption:

### BIRD’S EYE DRONES, LLC.

BIRD’S	EYE	DRONES,	L LC

– REQUEST	FOR EXEMPTION 3 NAME AND ADDRESS OF PETITIONER: Bird’s Eye Drones, LLC

Attn: Mr. Vika sh Mahadeo Mailing A ddress: 9212 Randal Park Blvd, #3124

, Or lando, 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 n ational 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 opera ting

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 certifi cate 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 ti mes. 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 oper ate th e 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

structu res. Utilization of the buil t

- 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 o f 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 considera bly less cost than that of utilizing a manned aircraft. In addition to saving money, the time required for setup and flight is also considerably s horter, including the fact that the UAS is documenting footage

on

- site, versus taking off from an airport to t hen 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 a lso has numerous saf ety features such as ‘Failsafe Mode;’ allowing for automatic landing should the signal between PIC and th e UAS be interrupted, GPS based altitude and distance locks, flight limit functions and low battery warnings.

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– REQUEST	FOR EXEMPTION 4 The use of the UAS will decrease conge stion 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 tak eoff 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, L LC

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) Mainten ance 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. Furt hermore, 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

accord ance 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.

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– REQUEST	FOR EXEMPTION 5 14 C.F.R. PART 21, SUBPART H & 14 C.F.R. 91

– AIRWORTHINESS

CERTI FICATES, MANUALS AND OTHER REQUIREMENTS Bird’s Eye Drones, LLC uses a UAS that when conside ring its size, weight, speed,

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

, meet the conditions of Section 333, and requests r elief from the regulation. With regards to the requirements 14 C.F.R 91.7(a); considering th e exemption of requiring an airworthiness certificate, size and unmanned status of the UAS the regulations are inapplicable to this operation. The petitioner will meet a ll safety requirements and registrations of the FAA and maintain a safety record and ma nual 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

PR IVILEGES AND LIMITATIONS: OPERATOR. Bird’s Eye Drones, LLC ’s UAS will not carry any per sons on board. It will be remotely controlled and operated by a PIC holdi ng either an airline transport, commercial, private, recreational, or sport pilot certif icate en suring 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, t raining and meet certain flight

hour requirements, demonstrating that the PIC is able to safely oper ate the UAS including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures prior to o perating Bird’s Eye Drones, LLC ’s UAS. The PIC will hold either a current FAA airman medical

certifi cate 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 w ill be controlled and limited. A ll flights will be coordinated

ahea d 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 forthc oming by the FAA. The petitioner will operate the UAS in a manner protecting the public a nd 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

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

takeoff loca tion.

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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– 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. § 91.40 5(A); 407 (A)(1); 409 (A) (1)&(2); 417(A)&(B): MAINTENANCE

INSPECTIONS Bird’s Eye Drones, LLC operators and PIC will pe rform preventative and required

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

bulletins. If a mechanic al event occurs the UA S 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 maintenan ce on its UAS and will maintain thorough record keeping of any maintenan ce 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 perfo rmed 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 cha racteristics 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 manufac turer’s

a ircraft/ 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 document s. All maintenance, inspection, a lterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time i n service, description of work a ccomplished, and the signature of the authorized

person returning the UAS to service. Authorized per sons 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 & 3 34 states that the Secretary of Transportation has t he 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 require d by the FAA, facilitate the capability of public agencies to develop, test and operate unmanned aircraft systems.

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BIRD’S	EYE	DRONES,	L LC

– REQUEST	FOR EXEMPTION 7 S UMMARY 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 conducti ng 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 birdseye dronesfl@gmail.com

### BIRD’S EYE DRONES, LLC.

BIRD’S	EYE	DRONES,	L LC

– 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/t ablet 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/Descen t 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 EXMO R 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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– REQUEST	FOR EXEMPTION 9 Still Photography Modes Single shot

Bur st 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)
Oper ating 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 BATTER Y ( PH3

- 4480 MAH

- 15.2 V ) Capacity 4480 mAh
Voltage 15.2 V
Battery Type LiPo 4S

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– 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, iPa d 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 be st experience

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

3/download