October 13, 2015I Page 1 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 October 13, 2015 EAGLE AERIALS Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11ofthe Federal AviationRegulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. Part 61.113(a) &(b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a)&(b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a)&(b). Dear Siror Madam,Pursuant to Section 333 ofthe FAA Modernization and Reform Actof 2012 (the Reform Act) and 14 C.F.R. Part 11, Eagle Aerials, owned and operated bya team of marketing professionals operators of Small Unmanned Aircraft SYSTEMS ("UAS") equipped to conduct aerial photography and cinematography for commercial and residential real estate and closed-set special events, hereby applies foran exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UAS, so long as such operations are conducted within and under the conditions outlined herein oras may be established bythe FAA as requires by Section 333. 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015/ Page 2 As described more fully below, the request exemption would permit the operation of small, unmanned, and redundant UAS under controlled conditions in airspace thatis1) limited 2) predetermined 3) controlled asto access and 4) would provide safe operations and affordability tothe existing real estate and closed-set special event

industries currently using conventional aircraft. Approval of this exemption would thereby enhance safety, promote industry growth and fair competition through affordability of aerial photography and cinematography and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to"... establish requirements for the safe operation of such aircraft systems inthe national airspace system." Section 333 ofthe Reform Act. The name and address ofthe applicant is: Eagle Aerials LLC.

Attn: Julio Milanes & Rafael Suarez

Ph: 863-703-2453Email: julio.milanes@eagleaerials.com, rafael.suarez@eagleaerials.com Address: 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a)&(b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a)&(b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a)(2) 14 C.F.R. 417 (a)&(b) 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015/ Page 3 This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c)ofthe Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion ofthe rule making required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs donot create a hazard to users ofthe NAS orthe public or pose a threat to national security inlightofthe following: ·The UAS's size, weight, speed and operational capability; ·Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual lineof sight ofthe operator. Reform Act§333 (a). Lastly, id.the Secretary determines that such vehicles "may operate safely inthe national airspace system, the Secretary shall establish requirements forthe safe operation of such aircraft inthe national airspace system." ld. §333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority byits terms includes exempting civil aircraft, asthe term is defined under §401 01ofthe Act, that includes UAS, from the requirement that allcivil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption froma requirement ofa regulation prescribed under subsection (a)or(b)ofthis section orany sections 44702 - 44716 of this titleifthe Administrator finds the exemption inthe public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a)(1). Eagle Aerials proposes touse one UAS; 1)DJI PHANTOM 3 Professional. This aircraft has four rotors and four motors ina quad-copter configuration (X4). This UAS weigh less than 55lbs. including payload. They operate, under normal conditions ata speed of

no more than 30 knots and have the capability to hover, and move inthe vertical and horizontal plane simultaneously. This UAS is equipped with GPS and auto-return function tothe predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss off GPS signal. The UAS will operate only inlineof sight and will operate only within a sterile closed-set area ofa residential or commercial listing ora closed-set special event. Such operations will insure that the UAS will "not create a hazard to users ofthe national airspace system orthe public." (Reform Act Section 333 (b)). 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015I Page 4 Given the small size ofthe UAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due tothe size ofthe UASs and the restricted areas in which the relevant UAS will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant ofthe requested exemptions isinthe public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Eagle Aerials proposes that the exemption requested herein apply tocivil aircraft that

have the characteristics and that operate with the limitations listed herein. These limitations provide forat least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement tothe already safe aerial photography and cinematography filming operations conducted with conventional aircraft. These limitations and conditions to which Eagle Aerials agrees tobe bound when conducting commercial operations under an FAA issued exemption include: 1 .The UAS will weigh less than 55lbs. 2. Flights willbe operated within lineof sight ofapilot and/or observer. 3. Maximum total flight time for each operational flight willbe20 minutes or less. Flights willbe terminated at 25% battery power reserve should that occur prior to the30 minute limit.

4. Flights willbe operated atan altitude ofno more than 400 feet AGL or,not more than 200 feet above an elevated platform for which filming is planned. 5. Minimum crew for each operation will consist ofthe UAS Pilot, the Visual Observer, andor Camera Operator. 6. UAS Pilot will be FAA licensed airman with at least an Independent Safety Certification, Private Pilot's certificate orathird class medical. 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015I Page 5 7.The UAS will only operate within a confined sterile closed-set area withaset safety perimeter, the boundaries of which willbe determined by production personnel and the UAS PIC based onthe site-specific filming activities and speed ofthe UAS required forthe operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable. 8.A briefing willbe conducted in regards tothe planned UAS operations prior to each day's production activities. Itwillbe mandatory that all personnel who willbe performing duties within the boundaries ofthe safety perimeter be present for this briefing.9.The UAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only consenting production personnel willbe allowed within 100 feetofthe UAS

operation bynot permitting anyone who had not been briefed or whom isnot

involved in production tobeinthe closed-set area. 10. Observer and PIC willatall times be able to communicate by voice and/or two way radio communication system. 11. Written and/or oral permission from the relevant property holders willbe obtained. 12.If applicable, all required permissions and permits willbe obtained from territorial, state, county orcity jurisdictions, including local law enforcements, fire, or other appropriate governmental agencies. 13.Ifthe UAS loses communications or loses its GPS signal, the UAS will have the capability to return toa pre-determined location within the Security Perimeter and land safely.

14. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a)(1) Subpart H, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a)(1). Given the size and limited operating area associated with the aircraft tobe utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and

proximity to airports and populated areas ofthe particular UAS. Inall cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015I Page 6 certificate, inthe restricted environment and under the conditions proposed will beat least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating

with an airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter..N..and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance tothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than6 inches high, the words .. limited, .... restricted, .... light-sport, .... experimental, ..or 11 provisional, 11as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance tothe cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size ofthe UAS, two inch lettering willbe impossible. The word "Experimental" will be placed onthe fuselage in compliance with §45.29 (f). The equivalent level of safety willbe provided by having the UAS marked onits fuselage as required by §45.92 (f) where the PIC, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." Unlike a conventional aircraft that carries the pilot and passengers, the UAS 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 asset forth inthe Manual. The FAA has previously issued exemptions tothis regulation through Exemptions Nos. 8738, 10267 and 10700.

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate acivil aircraft unless itisin airworthy condition. As there will beno airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained inthe Manual for maintenance and useof safety check lists prior to each flight, asset forth in Sections J, Land Q,an equivalent level of safety willbe provided. 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015I Page 7 14 C.F.R. §91.9 (b) (2}: Civil Aircraft Flight Manual inthe 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 isnot required by §21.5 of this chapter, unless there is available inthe aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof.

The UAS, given its size and configuration has no ability or place to carry such a flight manual onthe aircraft, not only because there isno pilot on board, but because there isno room or capacity to carry such an item onthe aircraft. The equivalent level of safety willbe maintained by keeping the flight manual atthe ground control point where the pilot flying the UAS will have immediate access toit. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A,9565,95658, 10167, 10167A, 10602,32827,and 10700. 14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will notbe provided for the aircraft an exemption willbe needed. An equivalent level of safety will beset forth bythe pre-flight checklist asset forth inthe Flight Operations Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances, aircraft performance data and setting the pre-determined safe landing area in case oflossof GPS communication before initiation of flight. 14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate acivil aircraft (except a manned free balloon) thatis being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design donot have fully functional dual controls. Flight control is accomplished through the useofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls fora number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015I Page 8 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers willbe carried inthe aircraft and bythe size and speed ofthe 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 tobe 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 isfora sUAS that isa helicopter and the exemption requests authority to operate at altitudes upto400 AGL, ornot more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. The sUAS will never operate at higher than 400 AGL. Itwill however be operated ina restricted area

with security perimeter, where buildings and people will notbe exposed to operations without their pre-obtained consent. The equivalent level of safety willbe achieved given the size, weight, speed of the UAS as well asthe location where itis operated. No flight willbe taken without the permission ofthe property owner or local officials. Because ofthe advance notice tothe property owner and participants inthe filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations isfar less than those

presently presented with conventional aircraft operating ator below 500 AGL in aerial photography and cinematography industry. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference toan altimeter thatisset"...tothe elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety willbe achieved bythe operator, pursuant tothe Pre Flight Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl 32819 WWW.EAGLEAERIALS.COMOctober 13, 2015I Page 9 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the30 minute reserve requirement in14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Eagle Aerials 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 compliance with FAR 91.151 (a)). Operating the small UAS, ina tightly controlled area where only people and property owners or official representatives who have signed waivers willbe allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption willbe granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to25 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the UAS toits planned landing zone from anywhere inits limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 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 acivil aircraft unless it has within itthe following:

(1)An appropriate and current airworthiness certificate .... (b)No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a)ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so thatitis legible to passengers or crew.The UAS fully loaded weighs no more than 55lbs andis operated without an onboard pilot. As such, there isno ability or place to carry certification and registration documents orto display them onthe UAS. 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl 32819 WWW.EAGLEAERIALS.COMOctober 13, 2015IPage 10 An equivalent level of safety willbe achieved by keeping these documents atthe ground control point where the pilot flying the UAS will have immediate access to them, tothe extent they are applicable tothe UAS. The FAA has issued numerous exemptions tothis regulation. A representative sample of other exceptions includes Exemption Nos. 9565,9665,9789,9789A,9797,9797A,9816A,and 10700. 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 Eof this part and shall between required inspections, except as provided in paragraph (c)ofthis section, have discrepancies repaired as prescribed inpart 43ofthis 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 tothe applicant. Maintenance will be accomplished bythe operator pursuant tothe flight manual and operating handbook. An equivalent level of safety willbe 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 UAS can land immediately and willbe operating from no higher than 400 feet AGL. The operator will ensure that the UAS isin working order prior to initiating flight, perform required maintenance, and keep alogofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft inan airworthy condition to provide the equivalent level of safety. 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COMOctober 13, 2015I Page 11 Pursuant to14 C.F.R. Part 11, the following summary is provided for publication in theFederal Register, should itbe determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H;14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a)& (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405

(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a)(2) and 91.417 (a)&(b)to operate commercially a small unmanned vehicle (551bs or less) in aerial photography and cinematography for residential and commercial real estate and closed-set special events. Approval of exemptions allowing commercial operations of UAS for aerial photography and cinematography for real estate and close-set special events will enhance safety by reducing risk. Conventional real estate aerial photography and cinematography use jetor piston powered aircraft which carry large amounts of combustible fuel posing increased risk. Conversely, UAS carry no combustible fuel, weigh only 55 lbs. or less comparatively to 3,000+ lbs.ofa conventional aircraft, are much more easily maneuverable and do not ferry to and from the production location. Additionally, flying ator below 400 AGL UAS will beno factor with fixed wing and rotor wing aircraft. The operation of small UASs, weighting less than 55 lbs., conducted inthe strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operates at slow speeds, close tothe ground, andina sterile environment and, asa result, are far safer than conventional operations conducted with traditional aircraft which pose a safety risk. There are no personnel on board the UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Filming will beof people who have also consented to being filmed or

otherwise have agreed tobeinthe area where filming will take place. Eagle Aerials will provide an equivalent or better level of safety as that achieved under the current

FAR's. 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COM.**~** October 13, 2015I Page 12 Eagle Aerials respectfully submits this petition for exemption so that we can be ready to launch commercial operations as soon as permitted by subsequent FAA action. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Actof 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual lineof sight and national security- provide more than adequate justification forthe grant ofthe requested exemptions allowing commercial operation of applicant's UAS in aerial photography and cinematography for the real estate industry and close-set special events pursuant tothe Manuals appended hereto. Please donot hesitate to contact usvia e-mail at julio.milanes@eagleaerials.com and rafael.suarez@eagleaerials.com ifyou have any questions or concerns. Respectfully submitted,**a~u-**,**.0~** Rafael Suarez 7512 Dr. Phillips Blvd. Suite 50-267. Orlando, Fl32819 WWW.EAGLEAERIALS.COM