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February 1st, 2016 Eagle-Eye Aerial Solutions, LLC Page | 1 

Samuel R. Adams

T: (360) 920-2942

February 1st, 2016

U. S. Department of Transportation

Docket Management System

1200 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 from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR

61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b);91.105 (a); 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 Sir or Madam: 

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

14 C.F.R. Part 11, Eagle-Eye Aerial Solutions, LLC, developer and operator of Small Unmanned Aircraft 

Systems (“sUASs”) equipped to conduct aerial photography, videography, photogrammetry, and aerial 

inspection, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its sUAS’s, so long as such operations are conducted within and under the

conditions outlined hereon or as may be established by the FAA as required by Section 333.

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

unmanned sUAS under controlled conditions in airspace that is 1) above rural and unpopulated areas 2) 

predetermined 3) would provide safety enhancements in areas that are difficult and/or dangerous to 

monitor through conventional processes. Approval of this exemption would thereby enhance safety and

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” 

Section 333(c) of the Reform Act. 

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

Eagle-Eye Aerial Solutions, LLC

Attn: Samuel Adams

Ph:(360) 920-2942

Email: Sam@Eagleeas.com

Address: PO Box 31272 Bellingham, WA 98228
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Regulations for 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. 91.105

• 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)

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 UASs 

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: 

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS within near proximity to airports and populated areas; and

• Operation of the UAS 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)

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101

of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate.
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The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

Eagle-Eye Aerial Solutions, LLC’s sUASs are quadrotor crafts, weighting 55 or fewer lbs and 

carry no payload. They operate, under normal conditions at a maximum lateral speed of 40mph, a 

maximum ascent speed of 15mph, and a maximum descent speed of 10mph, have the capability to hover 

in place, and move in the vertical and horizontal plane simultaneously. They will operate only within in 

line of sight and will operate only in predetermined areas with proper notification of all relevant parties.

Most operations will be performed in rural areas away from pedestrians, buildings, vehicles. Such

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

the public.”1

Given the small size of the sUASs involved and rural 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 to the size of the UASs and the secluded areas in which the sUASs 

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, reduction in environmental impacts, the grant of the requested exemptions is 

in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested

exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that 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 an industry that relies on potentially hazardous 

methods of gathering data.

These limitations and conditions to which Eagle-Eye Aerial Solutions, LLC agrees to be bound

when conducting commercial operations under an FAA issued exemption include:

1 Reform Act Section 333 (b)
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1. The sUAS will weigh less than 55 lbs. 

2. Maximum lateral flight speed will not exceed 40mph.

3. All flights will be operated by a pilot and observer.

4. sUAS will only operate within line of sight of the above mentioned pilot and/or observer.

5. Maximum flight time will not exceed 30 minutes from time of takeoff. 

6. Flight operation will be terminated at 25% battery capacity.

7. Operations will only occur at an altitude of no more than 400 feet above ground level.

8. At minimum, the operations team will consist of a sUAS pilot and visual spotter/observer.

9. The operating pilot will be an FAA licensed airman with at least a sports pilot’s certificate 

and third class medical certificate (or equivalent). The visual spotter will have at minimum a 

third class medical certificate (or equivalent).

10. sUAS Pilot will be in command of all flight operation on site and will operate with careful 

consideration of all variables of potential impact.

11. The sUAS will only operate in predetermined locations after proper notification of all relevant 

parties of concurrent activities.

12. A safety meeting will be performed at the start of each operational day, prior to any flight 

activities. All personnel involved with flight operations shall be required to attend.

13. The Pilot of the sUAS will obtain consent from the appropriate sources onsite before takeoff.

14. Pilot and spotter/observer will be up to date on operation of sUASs and will be required to 

remain current on the latest materials.

15. Observer and pilot must be in direct contact via voice and or text at all times.

16. Written and/or oral permission from relevant parties will be obtained before any operations.

17. 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. 

18. If the sUAS loses communications or loses its GPS signal, the UAS will have 

capability to return to the takeoff location.

19. The sUAS will be able to terminate the flight operation at any time in case of unforeseen 

conditions.

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 to be utilized by the Applicant, an exemption from Part 21

Subpart H meets the requirements of an equivalent level of safety under 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

sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the previous mentioned environments 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 sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

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

predetermined location. Under consideration of these 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,

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.
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14 C.F.R. § 45.23 (b). Marking of the 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 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.

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

UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” nor 

the registered “N” number can be placed. Given the size of the sUAV, two-inch lettering will not be

possible. The word “Experimental” along with the “N” number and any other required wording will be

placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the

identification of the UAS as “N” number and “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 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 UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to have, at minimum, a sports pilot’s license

rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that

carries the pilot and passengers, the sUAS is remotely controlled with no one on board the aircraft. The

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

commercial operations, that allowing a sport pilot to operate a sUAS exceeds the present safety 

considerations C.F.R. §61.113 (a) & (b). 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given 

the size of the sUAS and its ease of maintenance and equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft ...

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

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

airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. 
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The sUAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground

control point where the pilot flying the sUAS will have immediate access to it. 

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 not be provided for the aircraft an

exemption will be needed. An equivalent level of safety will be provided with consideration to previous 

and current flight conditions and locations. The pilot and observer will take all actions, both precautionary 

and reactive, including reviewing weather, flight battery requirements, landing and takeoff distances and

aircraft performance data before and during initiation of flight. 

14 C.F.R. § 91.105: Flight Crewmembers at Stations

This regulation requires all flight crewmembers to “...1) Be at the crewmember station unless the 

absence is necessary to perform duties in connection with the operation of the aircraft or in connection 

with physiological needs.2) Keep the safety belt fastened while at the crewmember station.” As the sUAS 

is small in size with no location for a pilot, crewmembers, or other flight personnel and lacking any need 

for a harness of a ground operator, an exemption may be needed. An equivalent level of safety will be 

achieved given the size of the sUAS and the lack of any onboard flight members.

14 C.F.R. §91.109: Flight Instruction: 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the aircraft via 

radio communications on the frequency range of 2.400 GHz-2.483 GHz. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

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.

14 C.F.R. §91.119: Minimum Safe Altitudes

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

(d) Allows helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes

up to 400 feet above ground level, an exemption may be needed to allow such operations. As set forth 

herein, the UAS will never operate at higher than 400 feet above ground level.
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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 appropriate parties.

 Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 

55lbs. and the lack of flammable fuel, any risk associated with these operations is far less than those

presently presented with conventional aircraft operating at or below 400 feet AGL. In addition, the lowaltitude operations of the sUAS will ensure separation between these small- 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 to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of

safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for 

at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable.

Applicant 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)). Additionally, limiting sUAS flights to 10 minutes would greatly 

reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate 

to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate. . . .
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(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 UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them on

the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them; to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this 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 E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 

43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the operator 

with regard to manufacturer recommendations. An equivalent level of safety will be achieved

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

for limited periods of time. If mechanical issues arise the UAS can land immediately and will be

operating from no higher than 400 feet above ground level. The operator will ensure that the UAS 

is in working order prior to initiating flight, perform required maintenance, and keep a log of any

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of

safety. 

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be 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);91.105; 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 (55lbs or less) in the fields of photography, videography, 

photogrammetry, and aerial inspection.

Approval of exemptions allowing commercial operations of sUASs in the field of inspection 

while substantially enhance safety by reducing risk through current methods. Current methods of 

inspection vary from industry to industry, and can include a wide variety of scenarios. Example of which 

could be visual inspection of unstable ground at a gravel pit, structurally compromised building, or private 

communications tower. Traditionally these scenarios would require a qualified individual to place 

themselves in a position of great personal risk and as such could reduce the quality of work crucial to 

further operations. The sUAS would be able to visually inspect all of the above mentioned scenarios with 

zero chance of injury or damage caused by the inspection process. The sUAS will carry no passengers or 
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crew and, therefore, will not expose any involved parties to the risks associated with manned aircraft 

inspections. 

The operation of small UASs, weighting less than 55 lbs., conducted in the 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 operate at slow speeds, close to the ground, and in a predetermined 

environment and, as a result, are far safer than conventional operations conducted with conventional 

methods. 

***** End of Publication***** 

Privacy

Some flights may occur over or in close proximity private or controlled access property with the

property owner’s prior consent and knowledge. Any footage of people or locations will be with written 

and/or oral consent. Any privacy concerns generated by an affected party will be handled with utmost 

respect to that party’s rights and privileges as a US citizen. 

14 C.F.R. §11.83: How can I Operate Under an Exemption Outside the United States? 

The Applicant respectfully requests the ability to operate outside the United States under this 

exemption with the assumption that it is granted. The close proximity of the Applicant’s base of operations, 

less than 15 miles, to the U.S and Canadian Border creates a potential situation where operating near, on, or 

across the border might become necessary. Operations this close to the border will require cross 

communication and preflight planning in order to avoid any disturbances. Having the ability to operate under 

this exemption outside the US will make it easier and less time consuming for the Applicant to provide 

services within the above proposed parameters. 

With extreme attention and detail given to the above listed procedures listed in this exemption the 

Applicant believes they can fulfill all required laws and procedures put forth by a foreign agency while still 

maintaining a high level of public safety during normal operations. 

*********

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 operation of applicant’s sUAS for photography, videography, photogrammetry, and 

inspection. 

If we can be of assistance in expediting this exemption in anyway please do not to hesitate to 

contact us. We can be reached at (360)-920-2942 or Sam@eagleeas.com 

Sincerely, 

Evan J. Childs Samuel R. Adams

Eagle-Eye Aerial Solutions, LLC Eagle-Eye Aerial Solutions, LLC

Member Member