### Petition for exemption/rulemaking

Third Eye Productions, Inc. P.O. Box 27321, Philadelphia, PA 215-635-1988 thirdeyepro@msn.com

Section 333 exemption

Third Eye Productions, Inc. is seeking exemption for section 333. We provide Video 

## & Photographic Production services as well as providing inspection services through the use of UAS's. Our equipment utilizes both still photography and full videography in support ofour mission.

We do carryfull liability insurance, fly onlyVLOS, with atwo man crew- observer and pilot. Both the observer and the pilot have been trained to man the vehicle's controls in the event ofan emergency. Additionally all the flights are logged, remain underan altitude of400feet and with clearance ofthe local ATC.

Both the pilot and the observer are trained tofly in such a waythat itwill minimize the risk to public safety, as well as the natural environmentthatwe treasure in ourarea. Theirflight time, atthis time, is in excess of30 hours, with no crashes 

# I accidents.

All ourequipment beforeflying goesthrough athorough maintenance 

## & load checklist, as well as preflightwe utilize an official preflightchecklist. This can be submitted upon request.

Our equipment, a 4 rotor quad copter, which carry's a gimbal and a camera is not equipped to carry any individuals and remains under25 pounds attakeoff. Flight times ofthe aircraft are 15-20 minutes depending on the winds and weather. Landing always happens before we reach a 25% threshold within the battery's cells. The aircraft does notexceed a ground speed of40 mph and is equipped to return to the GPS position oftakeoffin the event ofafailure.

### JUlY 1, 2015

U.S. Dept. ofTransportation, Docket OperationsWest Building Ground Floor, Room w12-140 1200 NewJerseyAvenue, SE.; Washington, DC 20590 Third Eye Productions, Inc. P

### .0. Box 27321, Philadelphia, PA 19118

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam:
Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Third Eye Productions, Inc., seeks an exemption from Federal Aviation Regulations ("FARs") detailed belowforthe following described Unmanned Aerial System called in this application the ME System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew: THE UNMANNED AIRCRAFT (UA): [fj A lightweight (20 lb gross weight with all on-board equipment), manufactured by DJI, Inspire 1-1-600, that includes the following equipment in flight; 

### [f) An on-board flight computerwith GPS navigation and location abilitythat receives signals forflight controls from a ground-based transmitter/controller; 

### fflAnool:x:a"d**canera~of~** illagelyi11hei:xmofUair,hg\detnbnsllphotos and video; 

### [f] An on-board telemetry system that delivers flight data from the on-board flight computerto the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction backto its launch site; (fj A 2.4GHz on-board radio transmitterthattransmits live video from the on-board camera plus all the flight data from the telemetry system described above; THE GROUD STATION -BASED PART OFTHE SYSTEM: 

### [1] A Pilot in Command (PIC) in operational control ofa flight operation from beginning to end and who controls the UAwhile in the air; 

### [f] A 2.4GHz radio transmitter/controller operated bythe PIC to control the UAwhile in flight; 

### [f) A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen forthe PIC to view during flight; [lJA

### VisualObserver(\tO)isa

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### j:X:li"ofeyesbvisualy1rad<lheUAwhile in flight.The requested exemption would support an application for a commercial Certificate ofAuthorization to use the above described ME System to support Production ofpromotional materials (video and/orstill images) for Real Estate sales Production ofpromotional materials, (video and/or still images) for Travel and Tourism industries Production ofpromotional materials, (video and/or still images) for commercial businesses, Photography and videography ofsocial events, such as weddings never operating over persons not directly involved with the ME system. The UA, powered by batteries, is smaller, lighter and more maneuverable than largeraircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood ofdeath orserious bodily injury. With a small payload and maximum flight time ofonly 18 minutes, this is offers little or no riskto national security. Low level oblique photos and video from several angles are far more effective than ground- based imageryfordisplaying the characteristics of large, complex properties with several buildings and large trees. The alternative could be to charter a full-sized helicopterfor this purpose, which has proven more costlythan many potential clients are able to afford. The benefits ofreduced cost and improved quality ofpresentation from the UAwill be valuable to and benefit many buyers and sellers ofreal property and marine property. Additionally, we request thatwe be allowed to use our system to benefitfirst responders nearbywho might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so. The ME System will be operated in the field with both a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: a) No flightwill be made with a UA Gross weightexceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 400ftAGL, at an airspeed of no morethan 50 knots and nofurtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; d) Operations will be restricted to flights over property with the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilotwith a similar UAtype; f) All required permitswill be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at airshows; i) The ME System will not be operated over any open-air assembly of people; j) The ME System will not be operated over heavily trafficked roads; k) The ME System will not be operated within 5 NM ofan airport or heliport; I) Operations will be restricted to dayonly and weatherconditions equivalentto VFR; m) The PIC will briefthe VO and property owner aboutthe operation and risk beforethe first flight at each new location; n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UA is in a condition safe forflight (see Appendix A).The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course ofmaintenance instruction as part oftheir initial training. We submitthatthe combination ofthe UA's lightweight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and underall ofthe Restrictions (a) through (n) listed above, the FAA can have full confidence thatthe operation will have an equivalent orgreater level ofsafety than manned aircraft performing the same mission. The name and contact information ofthe applicant are: Melvin Epps, President Third Eye Productions, Inc. Ph: 215-635-1988 Email: thirdeyepro@msn.com The regulations from which the exemption is requested are listed below. Beside each regulation number is the page ofthe attached Addendum upon which each may be found togetherwith our proposed equivalent level ofsafety for each regulation:
-14 CFR Part 21

............... Addendum Page -14 CFR 91.203

................ Addendum Page 1

- 14 CFR 45.23, 45.29

.................................Addendum Page 2 -14 CFR 91.9

.................. Addendum Page 2

- 14 CFR 61.113, 61.133

..............................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121

.....................Addendum Page 3 -14 CFR 91.151

................ Addendum Page 3 -14 CFR Subpart E (91.401

- 91.417) Addendum Page 3 -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1 We are prepared to modify oramend any part ofthis requestto satisfy the need for an equivalent level of safety. Please contact us at any time ifyou require additional information or clarification. We look forward to working with your office.

Melvin Epps, Pres. Third Eye Productions, Inc.

Addendum containing Exemption Requests and Equivalent Level ofSafetyAppendixA - Flight Manual's Appendix B - Owner's Manual for UAADDENDUM EXEMPTION REQUESTSAND EQUIVALENT LEVEL OF SAFETY
Third Eye Production, Inc. requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe ME System:
14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures forthe issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the ME System under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issuedforthe following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, newaircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flighttests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with thefunction and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as marketsurveys, sales demonstrations, and customer crewtraining, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons orproperty, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's lightweight, being constructed primarily ofcarbon fiber and plastic, we propose that the UAwill be at least as safe, ifnot safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirementfor an airworthiness certificate in general, citing the equivalent level ofsafety outlined in the previous paragraph.
14 CFR 91.203(a) 

### & (b) Civil aircraft: Certifications required. The regulation providesthat an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed atthe cabin orcockpit entrance so that it is legible to passengers orcrew." At a maximum gross weight of6.5 pounds, the UA is too small to carrydocumentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meetthe intent of91.203, we propose that documents deemed appropriate for this aircraft by the FAAwill be co-located with the crew atthe ground control station and availablefor inspection upon request. In orderto identifythe aircraft, we proposethatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR 45.23, which follows immediately afterthe proposed placard description below:

### AppendixA EXPERIMENTAL Manufacturer: DJIInnovations, Inc. 950 E Baseline Ave. Ste. 210 Apache Junction AZ 85119 Models: Inspire 1-t-600, 14 CFR 45.23 Display of marks; general and 45.29 Size ofmarks. These regulations provide thateach aircraft mustdisplay "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard on thetop ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraftwill operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person mayoperate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intent ofthis requirement is to ensure thatflight manual information is available to the aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is notonly too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UA Flight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, orpreparing for, flight. 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a private pilot certificate mayactas pilot in command ofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. Our proposed operations require thatthe PIC must either
1. Hold a Sport Pilot Certificate issued by the FAA, and have logged 25 hours offlight experience in this type of UA, or 2. Meetthe requirements of8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAAPrivate Pilot written examination." Since there are currently no means available forthe pilot ofa UAS to gain the experience in an equivalent category and class in orderto applyfora commercial pilors license, we propose to generate an equivalent level ofsafety by requiring our pilots to complete, ata minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition Appendix A to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meetthe intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business. 14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation states that "No person may operate a civil aircraftthat is being used for flight instruction unlessthat aircraft has fully functioning dual controls." The ME System ground-based control station consists ofa small hand-held radio transmitter and while it does not offer a second set of"controls", both the student and instructor can, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on"the controls during flight, we feel thatthis technique meetsthe intent 91.109 and provides an equivalent level ofsafety.
14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraftwill be operating at a maximum of400 feet AGL, we cannot comply with this requirement. In orderto provide an equivalent level ofsafety we will onlyfly over private property with a size ofat leasttwo acres with the permission ofthe owner ofthe propertyflown over. The aircraftwill not be operated over congested areas oroverany open air assembly ofpersons. The property ownerwill be briefed on the expected route offlight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons orproperty on the surface. Therefore we maintain that duetothe small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The UAwill always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflictwith other aircraft. An Above Ground Level altimeter measurementabove the takeoff point is transmitted via radio from the UA on-board computerto the display screen held bythe PIC, providing a constantly updated AGL readout. 14 CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person maybegin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly afterthatfor at least 30 minutes. Wefeel the intention ofthis paragraph isto provide an energy reserve as a safety bufferfordelays to landing. The UA is battery operated and the maximum duration offlightfrom a single battery charge is 18 minuteswith a 20% reserve. Sincethe aircraftwill neverfly more than 

### 214 NM from the point ofintended landing, a full battery charge at launch will ensure thatwe meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." As provided in the Pre-Flight Checklist in AppendixA, the PIC will ensure thatthe aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenancewill 

### be performed bythe manufacturer or their designated repairfacility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.
8900.227 Paragraph 16(c)(4) PIC Medical, and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAAsecond-class medical certificate issued under part 67 in orderto perform as a pilot orobserver. The UA maximum grossweight is 6.5 pounds, 

### it is constructed ofcarbon fiber and plastic andthe PIC is noton board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomouslytothe site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meetthe same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose thatthe minimum medical requirements forthe PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirementwill ensure thatthe PIC and VO can see and avoid airtraffic; a licensed driver is medically qualified to operate a much largervehicle.APPENDIXA- FLIGHT MANUAL FLIGHT RESTRICTIONS a) No flight will be made with a UAGross weight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed of no more than 50 knots and no furtherthan 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate verbally at all times during a flight operation; d) Operations will be restricted to flights over propertywith the permission ofthe property owner; e) The PIC must have accumulated and logged, in a mannerconsistentwith 14 CFR 

### § 61.51 (b), a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilot with a similar UAtype; f) All required permitswill be obtained from state and local government priorto operation; g) The ME System will not be operated overdensely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over anyopen-air assembly of people; j) The ME System will not be operated over heavilytrafficked roads; k) The ME System will not be operated within 5 NM ofan airport or heliport; I) Operations will be restricted to dayonly and weather conditions equivalentto VFR; m) The PIC will briefthe VO and property owneraboutthe operation and risk before the firstflight at each new location; n) No flight may be made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UA is in a condition safe for flight. PREFLIGHT CHECKLIST 1. Remote**controll~r.** aircraft battery, and mobile device are fully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SO card has been inserted ifnecessary. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an automatic Return to Homefeature is activated and will bring the UAV backto the PIC.