____________ 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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