July 28, 2015

Exemption No. 12188

Regulatory Docket No. FAA–2015–1783

Mr. Greg Sherwin

President

Ocelleye, LLC

600 Kentucky Avenue,Suite 100

Indianapolis, IN 46225

Dear Mr. Sherwin:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 5, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Ocelleye, LLC (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct aerial photography and 

videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a TBS Discovery Pro.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Ocelleye, LLC is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Ocelleye, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the TBS Discovery Pro

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold 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. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Ocelleye, LLC 

600 Kentucky Ave., Suite 100 

Indianapolis, IN 46225 

P 317.764.6400 

www.ocelleye.com 

May 5, 2015 

U.S. Department of Transportation 

Docket Management System 

120 New Jersey Ave., SE 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam: 

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

Part 11, Ocelleye, LLC, an operator of small Unmanned Aircraft Systems (sUAS) for aerial photography and 

video capture for the Architectural Engineering and Construction (AEC) industry, on behalf of itself and its 

related affiliates under common ownership and control, hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial operation of its sUAS for aerial imaging of 

secured and controlled environment construction and survey sites, so long as such operations are 

conducted within and under conditions outlined herein or as maybe established by the FAA as required 

by Section 333. 

As described more fully below, the requested exemption would permit the operation of small, unmanned 

and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 

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

AEC industry benefitting public interest because it provides an equivalent or greater level of safety than 

approved manned aircraft operations or traditional surveying means. 

The name and address of the applicant is: 

Ocelleye, LLC 

Attn: Greg Sherwin 

PH: 317-491-4306 

Email: gsherwin@ocelleye.com

Address: 600 Kentucky Ave. Suite 100, Indianapolis, IN 46225 

Regulations from which the exemption is requested: 

14 CFR Part 21 Subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) & (b) 

14 CFR 91.7(a) 
U.S. Department of Transportation 

May 5, 2015 

Page 2

14 CFR 91.9 (b)(2) 

14 CFR 91.103 

14 CFR 91.119 

14 CFR 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) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing 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 determine which types of sUAS 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: 

x The sUAS size, weight, speed, and operational capability; 

x Operation of the sUAS in close proximity to airports and populated areas; and 

x Operation of the sUAS within visual line of sight of the operator. 

Reform Act 333(a). Lastly, 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) 

Ocelleye’s sUAS is a multirotor vehicle, weighing 10 lbs. or less, including payload. It operates under 

normal conditions at speeds or no more than 50 knots and has the capability to hover, move in the vertical 

and horizontal planes simultaneously. The sUAS will operate in the pilot’s visual line of sight at all time 

and will operate only within a sterile area as defined by the construction site or survey area limits. Such 

operations will insure that the sUAS will “not create a hazard to users of the national airspace system or 

the public.” Reform Act Section 333 (a) 

Ocelleye LLC’s Operations 

The sUAS 

The sUAS will have the following specifications or equivalent: 

Airframe: TBS Discovery Pro (See Exhibit 1) 

Control System: APM 2.5 (See Exhibit 2) 

Pilot Controls: FrSKY Tarnais (See Exhibit 3) 
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May 5, 2015 

Page 3

Tx: EzUFH JR Module 433 Mhz (See Exhibit 4) 

Rx: ExUHF 8-channel 433 Mhz (See Exhibit 4) 

Motors: 900KV brushless w/ 30A ESC 

Propellers: 9x5 

Data Link: 3DR Radio 915 Mhz (See Exhibit 5) 

Batteries: 4S 4.5Ah TBS LiPo 

Flight Conditions 

The sUAS will be flown in airspace under 400 feet AGL and under controlled conditions on restricted, rural, 

and private property. The sUAS will be used to monitor two different types of sites, active construction 

sites and proposed construction sites. 

Flight Operations 

The purpose of every sUAS flight will be to safely, accurately, and efficiently create logistical overlays for 

potential construction sites and to measure progress of ongoing construction sites. The survey data will 

be 3D surface models and high resolution aerial photographs. 

The standard pre-flight and operational procedure will be as follows: 

1. Meet at security gate and complete pre-flight security appropriate to each site (described below) 

2. Drive or walk the area to be surveyed. 

3. The pilot in command begins to ready sUAS for flight. 

a. Check over airframe, connections, and propellers for damage during transport in the 

vehicle. 

b. Turn on and ready laptop computer. 

c. Connect data link antenna to computer. 

d. Open ground station software and load pre-planned photogrammetry flight path. 

e. Remove main Tx from case, power up, verify voltage and settings. 

f. Strap battery to sUAS frame (do not connect main power supply). 

g. Move sUAS to takeoff point, approximately 30 feet from vehicles and crew. 

h. Attach main power on sUAS. 

i. Listen to power up sequence of beeps on speed controls. 

j. Set up traffic cones around sUAS with approximately a 20 foot radius. This is considered 

the “home” area and the operators are not allowed inside this area while the sUAS is 

armed. 

k. Walk back to vehicle with Tx. 

l. Using laptop Ground Control Station connect the data link with the sUAS. 

m. sUAS should appear on the map on the screen along with recorded “home” point, battery 

voltage, current altitude relative to ground, and current velocity and heading. 

n. Upload the mission flight path data to sUAS. 

o. Verify good upload and connection to data link. 
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May 5, 2015 

Page 4

p. Record time and weather in Flight Log. 

q. sUAS is no fully prepped and ready to operate. 

4. While pilot in command is readying the sUAS, support team members are preparing the ground 

control points and walking the site. 

5. Pilot double checks takeoff area is clear. 

6. Pilot arms the sUAS and increases the throttle to takeoff and rises to an altitude of approximately 

10 feet AGL. 

7. Pilot performs a short test of the controls to ensure the sUAS to responding properly to control 

inputs. 

8. Pilot sets Tx flight mode switch to “Auto” and the sUAS starts to execute its preprogrammed 

mission. 

9. During the entire preprogrammed flight pilot always has visual line of sight and is prepared to 

take over flight operations. Pilot’s Tx has a countdown timer set to alarm at 30 minutes. The timer 

begins from the point the throttle is raised above minimum. 

10. During the flight the Ground Control Station announces each waypoint upon arrival and voltage 

levels at one minute intervals. 

11. Upon completion of the preprogrammed flight, the sUAS returns to the “home” point and 

automatically lands itself. During the landing sequence the pilot is observing the decent and is 

ready to take over flight operations. 

12. Upon landing pilot disarms the sUAS using the Tx. 

13. Pilot checks the battery voltage displayed on the Ground Control Station and records flight battery 

and flight information in the Flight Log. 

14. After disarming the sUAS the pilot enters the “home” area inside the cones and disconnects the 

main power. 

15. Pilot turns off Tx. 

16. Pilot review airframe of sUAS for and damage or wear during flight. 

17. Pilot packs up equipment for safe transport. 

Given the small size of the sUAS involved and the restricted and sterile environment within which it will 

operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to 

commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted areas 

in which the sUAS 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, the grant of the requested exemptions is in the public 

interest. Accordingly, Ocelleye respectfully requests that the FAA grant the requested exemption without 

delay. 
U.S. Department of Transportation 

May 5, 2015 

Page 5

The use of sUAS on a construction site can significantly reduce the risk to workers of falls while inspecting, 

surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to 

areas that otherwise would require worker inspection. Falls are among a leading source of workplace 

fatality and injury on construction sites, and reducing falls through sUAS use for site imaging could save 

workers lives and or prevent injuries. 

Additionally, sUAS could replace the use of helicopters and small fixed wing aircraft to monitor sites. The 

sUAS we propose to fly in this application is under five pounds, and carries no combustible material on 

board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from 

helicopters and small fixed wing aircraft presents a marked safety increase for our workers and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection over a construction site. Our sUAS uses rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of helicopters and small fixed wing aircraft that are many 

hundreds of times heavier. 

Ocelleye proposes that the exemption requested herein applies to sUAS that have the characteristics and 

that they 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 protocols followed on construction sites 

and imaging and surveying operations conducted with helicopters and other small conventional aircraft. 

Ocelleye will be bound by the following limitations when conducting its sUAS operations under and FAA 

issued exemption: 

1. The sUAS will weigh less than 10 pounds including payload. 

2. Flights will be operated within visual line of sight of the pilot 

3. Maximum total flight time for each operational flight will be 30 minutes. The sUAS calculates 

battery reserve in real-time, and will return to its point of launch with at least 20% 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. Crew for each operation will consist of the sUAS pilot will keep the sUAS within his visual line of 

sight at all time. 

6. The sUAS pilot will be trained in flight, operations, and safety procedures as detailed in the sUAS 

systems manuals. 

7. The sUAS will only operate within a confined “Sterile Area” as defined by the survey or 

construction site limits. This area will be kept free of persons not involved in the activities being 

monitored on the site or not directly connected with the survey production. 

8. A briefing will be conducted in regard to planned sUAS operations prior to each day’s production 

activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing. 
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May 5, 2015 

Page 6

9. All onsite personnel will consent to the sUAS flyover on site by waiver, and the operator will obtain 

additional verbal or written connect of all persons who will be allowed within the 100 of the flight 

operation. 

10. Pilot will have been trained in operation of sUAS generally and received up-to-date information 

in the particular sUAS to be operated as required by the sUAS systems manuals. 

11. Written and/or oral permissions from the relevant property holders will be obtained. 

12. 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. 

13. If the sUAS loses communications or loses its GPS signal, it will have the capability to enter “loiter 

mode” and hover, reestablish connection or return to a pre-determined location within the 

construction site or survey area and land. 

14. The sUAS will not operate with 5 nautical miles of an airport reference point (ARP) as denoted in 

the current FAA Airport/Facility Directory (AFD) or for airports not denoted with ARP, the center 

of the airport symbol as denoted on a the current FAA-published aeronautical chart, unless a letter 

of agreement with that airport’s management is obtained or otherwise permitted by a COA issued 

to the exemption holder. The letter of Agreement with the airport management will be made 

available to the Administrator or any law enforcement official upon request. 

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. Because the sUAS will not carry 

a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course of 

100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing or cargo on board. The sUAS proposed in the application 

is also operated by an autopilot, which greatly reduces the danger of human error. The area of operation 

is controlled and restricted to hard hat areas, and all flights are planned and coordinated in advance. 

The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operated exclusively within a controlled area. 

Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the 

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

security for the area of operations as is currently done on active construction sites. 

The risks associated with the operation of the sUAS are therefore diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, and allowing operations 

of the sUAS as requested achieves the level of safety contemplated by 14 CFR 61.113(a) & (b). 

14 CFR 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 
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May 5, 2015 

Page 7

landing areas, and all other actions in the Preflight Checklist (See Exhibit 6) in the sUAS systems manuals. 

These actions will provide and equivalent level of safety. 

14 CFR 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. The exemption is for a 

multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will 

operate at altitudes no more than 400 feet AGL, so an exemption may be needed to allow such operations. 

The sUAS will never operate at an altitude higher than 400 feet AGL and will be operate in a controlled 

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 sUAS as well as the 

location where it is operated. No flight will commence without the permission of the property owner or 

their agent 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. Unlike flight operations 

with conventional small aircraft or helicopters weighing far more that the maximum 10 lbs. proposed 

herein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will 

ensure separation between sUAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. 

14 CFR 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 prior to departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude 

readout, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the uUAS systems manuals and Preflight Checklist (See Exhibit 6), 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 sUAS is limited 

to operations in controlled environments, and has a limited range and flight time which require an 

exemption from 14 CFR 91.151(a). 

The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CRF 91.151, sUAS flights would be limited to approximately 5 minutes 

in length. Given the limitations of the sUAS’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. 
U.S. Department of Transportation 

May 5, 2015 

Page 8

Ocelleye 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 the compliance with FAR 

91.151 (a)). Operating the sUAS, 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 endanger the type of risks that Section 91.151(a) was intended to alleviate given the size and 

speed of the sUAS. Additionally, limiting the sUAS flights to 5 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 enough battery reserve 

to ensure that the sUAS land at the point of launch 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 sUAS 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 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections 

These regulations require that an aircraft operator or owner “shall have the 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

would not apply to Ocelleye’s operations proposed by this application. Maintenance will be accomplished 

by the operator pursuant to the sUAS systems manuals. An equivalent level of safety will be achieved 

because these sUAS are very limited in size and will carry a small payload and operate only in controlled 

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 uUAS systems manuals, the pilot will 

ensure that the sUAS is in working order prior to initiating flight, perform required maintenance as 

recommended by the manufacturer, and keep a log of any maintenance performed. Moreover, the pilot 

is the person most familiar with the craft and best suited to maintain the craft in an airworthy condition 

to provide the equivalent level of safety. 

14 CFR 45.23(b): Marking of the aircraft 

The regulation requires “When marks include only the Roman capital “N” and the registration number is 

displayed on limited, restricted, or light-sport category aircraft or experimental or provisionally certified 

aircraft, the operator must also display on that aircraft near the entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” 

“light-sport,” “experimental,” or “provisional,” as applicable.” 
U.S. Department of Transportation 

May 5, 2015 

Page 9

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

will have no entrance to the cabin, cockpit or pilot station on which the required words can be placed. 

Given the size of the sUAS, two inch lettering would be impossible. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR 91.203(a)(1) 

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

of the 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 Ocelleye, 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 USC 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, 

an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in 

the restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional small aircraft or helicopter operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 10 lbs. including its payload, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

controlled area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operations as is now done with construction and survey 

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

construction site monitoring and surveying, provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 

21 Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

14CFR 91.7(a): Civil aircraft airworthiness 

This 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 exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the craft and the 

requirement contained in the uUAS systems manuals 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 in the aircraft 

This regulation requires the craft’s flight manual to be located onboard the craft. The sUAS, given it size 

and configuration, has no ability to carry such a manual on the craft, not only because there is no pilot 

onboard, but because there is no room or capacity to carry such on item on the craft. 
U.S. Department of Transportation 

May 5, 2015 

Page 10

The equivalent level of safety will be maintained by keeping the sUAS systems manuals at the point of 

launch where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8307, 8737, 8738, 9299, 9299A; 9565, 9565B, 10167, 

10167A, 10602, 62827, and 10700. 

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration 

This regulation provide in pertinent part: 

(a) Except as provides in 91.715, no person may operate a civil aircraft unless is 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 10 lbs. and is operated with 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 point of launch where 

the pilot operating the sUAS will have immediate access to them, to the extent they are applicable to the 

sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9656, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

******** 

Pursuant to 14 CFR Part 11, the following summary s provided for publication in the Federal Register, 

should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR 45.23(b); 14 

CFR 61.113(a) & (b); 14 CFR 91.7(a); 14 CFR 91.9 (b)(2); 14 CFR 91.103; 14 CFR 91.119; 14 CFR 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); and 14 CFR 

417(a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in construction and survey 

operations. 

Approval of exemptions allowing commercial operations of sUAS in the construction industry enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft of much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS 

weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the reduced 

mass and lack of combustible fuel carried onboard. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlines above, 

will provide an equivalent level of safety supporting the grant of the exemptions requested herein, 
U.S. Department of Transportation 

May 5, 2015 

Page 11

including exempting the applicant from Part 21 and allowing commercial operations. These lightweight 

crafts 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 conventional small aircraft and 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 the individuals who have also consented to being filmed or 

otherwise have agreed to be in the area where aerial imaging 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 operations of Ocelleye’s sUAS in the Architectural Engineering and 

Construction industry pursuant to the Manual appended hereto. 

Sincerely, 

Gregory A. Sherwin 

President 

Ocelleye, LLC