August 15, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., 

SE Washington DC 20590

Bird's Eye Drone of Texas, LLC

3720 Winifred Fort Worth, Texas 76137

UAS Exemption for Bird's Eye Drone of Texas, LLC 2015

Re: Exemption Request Pursuant to Public Law 112-95, Section 333 of the FAA 

Reform Act and Part 11 of the Code of Federal Regulations from: 14 CFR 21 subpart H; 

14 CFR 47.3(b)(2); 14 CFR 47.31(c); 14 CFR 91.9(b)(2); 14 CFR 91.109(a); 14 CFR 

91.119(d)(1); 14 CFR 91.121; 14 CFR 91.131(b)(1); 14 CFR 91.131(d)(1)&(2); 14 CFR 

91.203(a)&(b); 14 C.F.R. 91.403(b)&(c); 14 CFR 91.405; 14 CFR 91.407; 14 CFR 

91.409 and 14 CFR 91.417.

Note: 14 CFR Part 61 in its current form applies to manned aircraft. 14 CFR 61.3 

refers specifically to flight crew members who is defined in Part 1. 1 as a pilot, flight 

engineer, or flight navigator assigned to duty "in an aircraft" during flight time; therefore 

no exemptions from Part 61 is being sought for as it is not applicable at the time of this 

exemption request.

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the 

"Reform Act") and 14 CFR Part 11, Bird's Eye Drone of Texas, LLC, operator of a small 

Unmanned Aircraft System (UAS), hereby applies for an 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 or as 

may be established by the FAA as required by Section 333.

The exemption would permit Bird's Eye Drone of Texas, LLC to operate a small 

Unmanned Aircraft System (UAS) for the commercial purposes stated in Docket No.: 

FAA-2015-0150; Notice No.15-01, including aerial video and photography over certain 

areas of the United States. Briefly described:

Petition Page 1 of 13
1. Pipeline Alignment - Evaluate the condition or encroachment of existing pipeline 

alignments, proposed pipelines and easements based on a defined set of GPS 

coordinates.

2. Oil/Gas Facilities - Evaluate the condition and environmental assessment of tank 

batteries, oil/gas production wells, disposal wells, and related ancillary components 

such as access roads, storage yards, water pipelines or gathering pipelines, storage 

tanks and pump facilities.

3. Plant/Refinery Facilities - Evaluate the condition and observe corrosion of industrial 

plant facilities With the use of a thermal camera or chemical analyzer, provide a 

detailed analysis of leaks or plume enroachments and GPS coordinates of those 

leaks. 

4. Acreage - Evaluate open land for farmers, ranchers, and developers using a defined 

flight path limited by specific GPS coordinates to ensure evaluation of the client’s 

land only. Bird’s Eye Drone of Texas could provide photographic evidence of the 

impact of draught, insect infestation, and the location of fences,encroachments, 

crops and wildlife for landowners. 

5. Construction Site Visual Inspection - Observe and provide photos of construction 

progress and site design. Provide job site inspection from various defined elevations 

and GPS coordinates to provide a time lapse review of construction progress and 

impact. 

6. Emergency Observation - Assist police and fire personnel with reconnaissance in a 

support capacity and as directed under official supervision. Equipped with a thermal 

imaging cameral, Bird’s Eye Drone of Texas can scout “hot spots” to direct 

firefighters in their duties during a fire. The applicant can also search for missing 

persons or person of interest at a specific elevation using coordinates provided by 

first responders. 

7. Environmental Monitoring - Applicant can provide visual evidence of pollution, 

construction, development impact on surrounding wildlife, and other man made 

effects on land.

Petition Page 2 of 13
8. Flood Monitoring - Provide visual evidence of flood, rising water, and drainage 

impact on client’s land over a period of time at specific elevations and coordinates 

unreachable by foot or vehicle.

9. Real Estate - Aerial photography and/or video for public and/or private use including 

real estate, architecture, land surveying, engineering and other related professional 

activities.

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

a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations 

in the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation's and the FAA 

Administrator's responsibilities to "....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.

Regulations from which the exemption is requested:

14 CFR Part21 subpart H 14 CFR 47.3(b)(2)

14 CFR 47.31(c)

14 CFR 91.9(b)(2)

14 CFR 91.131(b)(1)

14 CFR 91.131(d)(1)&(2)

14 CFR 91.1 09(a) 14 CFR 91.119(d)(1) 14CFR91.121

14 CFR 91.203(a)&(b) 14 C.F.R. 91.403(b)&(c) 14 CFR 91.405

14 CFR 91.407 14CFR91.409

14 CFR 91.417

WALKERA QR X800 TYPE: Q

The name, address and contact information of the Petitioner is:

Bird's Eye Drone of Texas, LLC

3720 Winifred Fort Worth, Texas 76137

Phone: 817-683-2191 Email: bartandpage@att.net

The Petitioner will operate the UAS in line of sight within a predetermined area 

owned and/operated by the property representative. Given the small size of the UAS 

and the controlled environment provided, the proposed operations will adhere to the 

Petition Page 3 of 13
Reform Act's safety requirements. The approval of this application presents no national 

security issues. Regarding the level of safety surrounding the proposed operations and 

the public benefit, reduction in environmental impacts, including but not limited to 

reduced emissions and noise. The grant of the requested exemption is in the public 

interest. Accordingly, the Petitioner requests that the FAA grant the requested 

exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of persons, property and also 

manned aircraft in the NAS. These limitations and conditions to which the Petitioner, 

hereafter referred to as the operator, agrees to adhere to when conducting commercial 

operations under the FAA issued exemption limitations, and as set forth in the Flight 

Operations Manual (FOM) include:

1. The small UAS, as specifically designated and described in this petition, will weigh 

less than 55 lbs including payload.

2. The UA will be operated within visual line of sight (VLOS) at all times by the operator 

or visual observers. (VO).

3. The UA will remain close enough to the operator so that human vision unaided by any 

device other than corrective lenses will be used.

4. The UA will not be operated over persons not directly involved in the operation unless 

those persons remain under a covered structure.

5. The UA will only be operated during daylight (official sunrise to official sunset of local 

operation area) unless specific authorization from the FAA is granted prior to operations.

6. The operator may use VOs for certain operations and will ensure each VO is trained 

on procedures listed in the operator's FOM.

7. The UA will not be operated at a speed exceeding 87 knots (1 00 miles per hour) 

using ground speed 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.

8. The UA will be operated at an altitude of no more than 500 feet above ground level 

(AGL). Altitude will be measured in feet AGL. If an object to be inspected, such as an 

Petition Page 4 of 13
antenna, exceeds 500 feet AGL, the operator will limit the flight to within 200 feet higher 

than the structure being photographed. The operator will notify the FAA and local 

authorities of the proposed plan to include date, time, location and height of the object 

to be inspected prior to operations. The UA will be flown in safe manner in close 

proximity to the object as to not interfere with traffic in the NAS.

9. The UA will not be operated unless visibility is greater than day requirements listed in 

14 CFR 91.155 for the Class of airspace at the operator's ground station, on location.

10. The UA will not be operated in Class A airspace (18,000 feet and above).

11. The operator will receive ATC permission prior to operations in Class B, C, D and E 

airspace.

12. The operator will ensure that any VOs, if used, will only monitor one UA at any given 

time.

13. The operator will not allow operations from a moving vehicle or aircraft, except for 

watercraft on the water.

14. The operator will not conduct any careless or reckless operations. A flight will be 

terminated immediately as possible if the safety of the operation cannot be maintained.

15. Prior to each flight, the operator will 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, logged 

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

16. The operator will not operate any UA if a physical or mental condition would prevent 

the safe operation of that aircraft.

17. When using a VO or VOs, the operator and VO must be able to communicate at all 

times. Radio communications or communication-assisting devices may be used. 

Electronic messaging or texting will not be permitted during flight operations. Daisychaining of VOs for the purpose of expanding the operations area will not be permitted.

18. The operator will be responsible to see and avoid all other users of the NAS in 

which the UAS is operating.

Petition Page 5 of 13
19. The holder of this exemption will be responsible to ensure its aircraft are properly 

registered in accordance with 14 CFR Part 47, and have identification (N-Number) 

markings in accordance with 14 CFR Part 45, Subpart C. Markings must be as large as 

practicable.

20. The UAS operator will be designated before the flight and cannot transfer his or her 

designation for the duration of the flight unless a medical duress or unforeseen 

emergency is preventing safe operation of the UAS. In which case the VO, who has 

been deemed qualified and trained in the operation of the UAS, will operate the controls 

to land the UA in a predetermined "emergency plan" set forth by the operator who was 

granted this exemption. The holder of this exemption must ensure that VOs, if used, can 

perform the duties required of aVO.

21. Documents for UAS operations and maintenance will be made available to the FAA 

upon request. If a discrepancy exists between the conditions and limitations in this 

exemption and the procedures outlined in the FOM, the conditions and limitations herein 

take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in the FOM. The operator may update or revise its operating 

documents. It is the operator's responsibility to track such revisions and present revised 

documents to the FAA or any law enforcement official upon request. If the operator 

determines that any update or revision would affect the basis upon which the FAA 

granted an 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.

22. Any UAS that has undergone maintenance or alterations that affect UAS operations 

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

operational check flight prior to conducting further operations under this exemption. 

Operational check flights may only be conducted by a qualified operator familiar with the 

specific UAS being checked and must remain 500 feet from any persons unless they 

remain under a covered structure. (NPRM wording) The operational check flight must be 

conducted in such a manner so as to not pose an undue hazard to persons and 

property.

Petition Page 6 of 13
23. The operator is responsible for maintaining and inspecting the UAS to ensure that it 

is in a condition for safe operation.

24. The operator must follow the UAS manufacturer's maintenance; overhaul, 

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

components.

25. The holder of this exemption will follow manufacturer's safety bulletins for each UAS 

operated under this exemption.

26. The holder of this exemption will ensure that each operator is 17 years or older, a 

US citizen and has a state issued driver's license.

27. The holder of this exemption will require that its operators demonstrate the ability to 

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

petition, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. Qualification flight hours and 

currency may be logged in a manner consistent with 14 CFR 61.51 (b). Flights for the 

purposes of training the operator's and VOs (training, proficiency, and experiencebuilding) and determining the ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated, will be permitted. However, training operations may 

only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights will be conducted 500 feet from any persons that are not 

intended to be part of such training operations unless those persons remain under a 

covered structure.

28. The operator will use UAS that have safety features allowing it to return to a preset 

location if it loses communications with its ground station. The operator will set this predetermined location within the private or controlled-access property as to minimize any 

possible contact with objects.

29. The operator is prohibited from beginning a flight (considering wind and forecast 

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

intended operation and to operate after that with at least 25% energy reserves or with 

the reserve power recommended by the manufacturer, whichever is greater. The 

operator will perform training tests, in a designated training area as prescribed herein, to 

assess the true energy characteristics of the specific UAS battery system to determine 

Petition Page 7 of 13
the actual flight time for reserve battery power. Said energy tests will deem the "safety" 

operating procedure for actual emergencies and useful flight time.

30. The exemption holder will ensure that operators and VOs have a copy of this 

exemption, the FOM and applicable aircraft registrations located at the ground station 

during operations. These documents will be made available to the Administrator or any 

law enforcement official upon request.

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

permission from the property owner/controller or authorized representative.

32. The exemption holder will be responsible to report to the FAA any small UAS 

operation that results in: 

(1) any injury to a person; or (2) damage to property other than the small 

unmanned aircraft. The report would have to be made within 10 days of the operation 

that resulted in injury or damage to property. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. Current NTSB accident reporting is required when 1) Any person suffers 

death or serious injury. 2) Any UAS with max gross takeoff weight exceeding 300 

pounds sustains substantial damage.

Operations for closed-set motion picture and television filming and production 

include the following limitations:

33. The operator must have a motion picture and television operations manual 

(MPTOM) in his/her possession.

34. At least 3 days before aerial filming, the operator of the UAS 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;

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;

Petition Page 8 of 13
e. 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;

f. Signature of operator or representative; and

g. 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.

35. Flight operations may be conducted over/near participating persons consenting to 

be involved and necessary for the filming production, as specified in the operator's 

MPTOM.

Regulations from which the exemption is requested:

14 CFR Part 21, Subpart H and 14 CFR §91.203(a)(1)&(b): Airworthiness 

Certificates Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by 14 CFR 

91.203(a)(1 ). Given the size and limited operating area associated with the aircraft to 

be utilized by the Petitioner, 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 U.S.C.§44701 (f)) and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. In all 

cases, an analysis of these criteria demonstrates that the UAS 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 aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a secured and designated area. Unlike other civil 

Petition Page 9 of 13
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. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the 

UAS, due to its size, speed of operation, location of operation, nearly silent operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load.

14 CFR 47.3(b)(2) and 14 CFR 47.31(c) and 14 CFR 91.203(a)(2): Registration 

required

This regulation states in part: No person may operate an aircraft that is eligible 

for registration under 49 U.S.C. 44101- 44104 unless the aircraft is carrying aboard the 

temporary authorization required by §47.31(c). Part 91.203(a)(2) reads similar. The 

Petitioner will be operating small UAS. Placing registration paperwork inside the UA will 

be impractical. An equivalent level of safety can be achieved by the Petitioner ensuring 

that all temporary or permanent registration paperwork for the UAS being operated is 

located on site at the ground station as stated in item 30 in this document.

14 CFR 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. The UAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the UAS flight manual at the ground station where 

the UAS operator will have immediate access to it.

14 CFR 91.1 09(a): Flight Instruction

Section 91.1 09(a) provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully 

Petition Page 10 of 13
functioning dual controls. The Petitioner will be operating small UAS that do not have 

fully functional dual controls. Flight control is accomplished through the use of a control 

box transmitter that communicates with the aircraft via radio communications. The 

equivalent level of safety is provided by the fact that neither a pilot nor passengers will 

be carried in the aircraft and by the size and speed of the aircraft. Flight instruction is 

accomplished by handing the transmitter between the instructor and trainee or by the 

use of a buddy box system. Instruction will also be accomplished in accordance with 

item 27 in this document.

14 CFR 91.119(d)(1): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119(d)(1) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a UAS that is similar to a 

helicopter and the exemption requests authority to operate at altitudes up to 500 AGL, 

or not more than 200 above a structure from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate 

at higher than 500 AGL with the exception that in circumstances where the UAS is used 

to survey or photograph a structure whose height exceeds 500 feet AGL, the UAS will 

not be operated more than 200 feet above the highest point on the structure in 

accordance with procedures outlined in item 8 of this document.

The equivalent level of safety will be achieved given the size, weight, speed of 

the UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the lack of 

flammable fuel, noise and any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these 

UAS operations and the operations of conventional aircraft that must comply with 

Petition Page 11 of 13
Section 91.119. The procedures outlined in this document prohibit flight over persons 

not involved in operations unless they remain under a covered structure.

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 before departure." As the small UAS does 

not have a barometric altimeter, but instead a GPS altitude read out, an exemption may 

be needed. An equivalent level of safety will be achieved by the operator, pursuant to 

the safety check list and live flight data monitoring, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight. Flights will be conducted 500 feet 

above that read out or within 200 feet above the highest point of the structure being 

filmed as outlined in item 8 of this document

14 CFR 91.131(b)(1): Pilot requirements for Class B airspace

This regulation states that no person may operate a civil aircraft within a Class B 

airspace unless that person is a private pilot, recreational pilot, sport pilot or is a student 

pilot that meets requirements of §61.94 or §61.95 of this chapter. An exemption from 

this regulation may be required. An equivalent level of safety will be achieved by 

operating the small UAS at altitudes listed in the limitation section of this document. The 

UA will not be landing or departing from airports in Class B airspace nor flying through 

Class B airspace. The UAS will be flown in a controlled environment within VLOS. The 

UAS operator will require ATC permission prior to conducting operations and will give 

right of way to any manned aircraft.

14 CFR 91.131 (d)(1 )&(2): Equipment requirements for Class B airspace

The regulation states that no person may operate an aircraft in Class B airspace 

unless it is equipped with a transponder and after January 1, 2020 an ADS-Bout 

system. An exemption may be required. Due to the size, weight and payload capacity of 

the small UAS, installing these systems is not practical. An equivalent level of safety will 

be achieved by operating the small UAS at altitudes listed in the limitations section of 

this document. The UAS will not be landing or departing from airports in Class B 

Petition Page 12 of 13
airspace nor flying through Class B airspace. The UAS will be flown in a controlled 

environment within VLOS. The UAS operator will require ATC permission prior to 

conducting operations and will give right of way to any manned aircraft.

14 C.F .R. 91.403(b)&(c); 91.405; 91.407; 91.409; 91.417: Maintenance and 

Inspections.

These regulations require that an aircraft operator or owner "shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, have discrepancies repaired as prescribed in part 43 of this chapter...," and 

others shall inspect or maintain the aircraft in accordance with Part 43.

Part 43 only applies to aircraft with a US airworthiness certificate or foreign 

registered aircraft operating in common carriage under provisions of Part 121 or 135. 

These sections will not apply to the Petitioner who will be operating a small UAS. An 

equivalent level of safety will be achieved as the UAS will be maintained in accordance 

with the UAS manufacturer's instructions and limitations listed in the operator's FOM. 

The small UAS will carry a small payload and operate in a controlled area for a limited 

period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 500 feet AGL, without prior FAA authorization. The 

operator will ensure that the UAS is in working order prior to initiating flight, perform 

required and preventative maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide 

more than adequate justification for the grant of the requested exemptions allowing the 

commercial operation of the Petitioner's UAS.

Petition Page 13 of 13