October 24, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act of 2012

I, Joel Zieve, of P.O. Box 1206 in Eden, Utah 84340, hereby petition the FAA for a Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations.

I am president of Birds Eye Films, Inc., and will be the Pilot in Charge (PIC) of all aerial

photography, following approval of this request.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law

112-95, I request certain exemptions in order to perform aerial cinematography (henceforth meaning still and/or video) for the purpose of real estate and community events

using a small UAV.

Sincerely,

Joel Zieve, President

Birds Eye Films, Inc.
OVERVIEW:

I, Joel Zieve, of P.O. Box 1206 in Eden, Utah 84340, hereby petition the FAA for a Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations. I

am president of Birds Eye Films, Inc., and will be the Pilot in Charge of all aerial photography, following approval of this request. 

I am a licensed commercial, instrument pilot who has logged 1,965 total hours of flight

time. I have operated UAVs for nearly four years, accumulating over 100 hours of operating experience. I am a licensed Utah real estate agent, a member of the National Association of REALTORS® and the Utah Association of REALTORS®. I am also a Certified Negotiation Expert (CNE), granted by the National Association of REALTORS. In

addition, I have a Bachelor of Science in business from Oakland University.

Birds Eyes Films, Inc. has been in business for nearly four years. We offer still and video photography services, specializing in real estate photography.

As a licensed commercial pilot, I am extremely sensitive and aware of the importance of

safety and privacy, especially as it relates to UAVs.

I believe safety is the first and overriding priority in regards to operating a UAV. Additionally, I would not operate a UAV in a manner as to invade the privacy of anyone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION:

Our primary area of operation are the following counties in Utah: Salt Lake, Utah, Morgan, Wasatch, Summit, Davis, Weber and Cache.

Because the majority of our operations are for real estate purposes, 90 percent of our

flights will be conducted below 100 feet AGL.

We have three major airports in the vicinity, Salt Lake City International Airport (SLC),

Ogden-Hinckley Airport, and Hill Air Force Base. As a manned aircraft pilot, I understand the importance of the communication channel with any surrounding airports and

will obtain the necessary approvals when needed.
UAV INFORMATION:

• Our UAV is a DJI Inspire 1 (model T600). It is a lightweight (6.5 lb. gross weight with

all on-board equipment), battery operated four-motor rotorcraft in the form of a quadcopter that takes off and lands vertically that includes the following equipment in flight:

• An on-board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio transmitter including altitude AGL, horizontal and vertical

speed, compass direction of flight and direction back to its launch site;

• A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to

end and who controls the UAV while in the air;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV

while in flight;

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in

flight;

• A radio receiver receiving live video and flight data from the on-board camera and

computer projects it all together onto a screen for the PIC to view during flight.

PRE-FLIGHT CHECKLIST:

• If required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards- trees, utility poles and other elements that

might compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might

adversely affect flight safety and performance.

• Examine the aircraft – looking at connections and searching for cracks and loose

parts.
• Determine that the electronic elements are performing correctly (receiving more than 6

GPS signals along with calibration of the magnetic compass).

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, I will hover at an altitude of approximately 10 feet to assure that the

home return point is established.

• Exercise all controls to confirm their functionality – if one of the controls is not functioning, the mission will be terminated immediately.

• Operate with a Visual Observer (VO) at my side who will double-check for possible

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping

the UAV within Visual Line of Sight (VLOS). VO will also assist in any emergency maneuvers due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as well as restricted and prohibited zones.

• Will fly no higher than 400 feet and no further than 1000 feet from the home point, recognizing that the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the Inspire 1 to determine its physical and electronic

condition.

• Gain express permission when possible to fly above any and all property within flight

plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor

function, etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing site.

• Utilize a separate visual observer so pilot can concentrate on safe flight.

• Use audible alarms of low battery warning from the controller to bring copter back and

land well before battery drains.
EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully

comply.

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design

approval, production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14

CFR part 21, and any associated noise certification and testing requirements of part 36,

is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for

meeting the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to

be achieved by the UAV industry. While I have regularly used a flight simulator on my

computer, those skills are generally not transferable to quadcopter operation.

My sources of training are: the Flight Instruction Manual from DJI Inspire 1; online videos from the manufacturer, as well as videos from users; and most importantly, personal

training in a secure location, which is an open area not subject to traffic and/or uninvolved individuals.

Those training flights, which have averaged 10-15 minutes each, deal with setup, physical and electronic safety checks; lift-off followed by hovering at approximately 10 feet to

confirm that the GPS system is functioning properly and has registered its Home Point;
a prescribed flight plan to familiarize and then master the fight controls and camera; returning to the launch point and landing. I then conduct a post-flight inspection for any

problems, log the location and flight time and then view the video.

There are no FAA certified instructors or FAA certified study guides available at this time

as the technology continues to develop. I respectfully request an exemption from this

rule.

§ 91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths,

takeoff and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, an Inspire 1 pilot would not need to know this information since there are no runways involved and the return from flight is the takeoff point. The FAA has determined that "relief

is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and

certain flight tests.

Response: None of these functions are applicable to a quadcopter flight and, as stated

earlier, there are no FAA certified instructors or FAA certified study guides available at

this time for quad-copter operation. I respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails

anywhere, an aircraft should have an altitude sufficient so that an emergency landing

can occur without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as

has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet)

from any person, vessel, vehicle, or structure (91.119 c).
Response: None of the altitude requirements in this regulation should apply to a UAV

since these aircrafts are required to fly below those altitudes. Their weight, speed and

GPS-controlled Return to Home feature mitigates against a catastrophic accident.

A manned aircraft is much heavier and larger than an Inspire 1. If an Inspire 1 were to

crash, it carries no humans, no explosive fuel and since it flies primarily over a single

piece of private property, any damage would likely be minimal and confined to that area.

As to keeping 500 feet from any person, vessel, vehicle or structure, the purpose of

UAV real estate is to fly close to the subject structures with the permission of the owner/

representative.

I maintain that my flight experience with the Inspire 1 provides me with sufficient skills to

manage safely any approach under 500 feet. In addition, access to the property is strictly controlled (warning sign and the clearing of any person on the property not involved in

the flight). I respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the "cruising altitude or flight level of that aircraft." It requires that the "elevation of the departure airport"

be set in the altimeter or the "current reported altimeter setting of a station along the

route and within 100 miles of the aircraft".

Response: An UAV cannot comply fully with this section's altitude requirements. The

Inspire 1 is equipped with a barometric altimeter which automatically calculates the

takeoff altitude (0 AGL) when the aircraft is warmed up – the launch point becomes the

"elevation of the departure" point. The altitude of the UAV is visible in the control monitor

by the PIC before launch and is consistently updated as the flight progresses. I respectfully request an exemption from this rule.

§ 91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, that "no person may begin a flight in an airplane under VFR condition unless...there is enough fuel to fly to the first point of the intended landing and, "...fly after

that for at least 40 minutes (day) and 45 minutes (night)".

Response: This regulation deals with 'reserve' fuel. This could include any condition

that increases flight time or fuel consumption. Weather would be one factor including

wind, turbulence and the necessity to divert around threatening thunderstorms.
Compliance with this regulation is not possible because the 'fuel" onboard the Inspire 1

is not aviation gas but a DC battery with a maximum flight duration of 23 minutes.

Fuel management of an UAV requires constant monitoring of the battery's state-ofcharge and bringing it home before it reaches the manufacturer’s recommended 30-

percent level. In our training flights, we've found that a flight of 10-15 minutes to be safe,

returning the Inspire 1 to its Home Point around the 40-percent level. I respectfully request an exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the

keeping of appropriate maintenance records and replacement of inoperable instruments

Response: Maintenance on the Inspire 1 is quite straight forward. If, in landing, a rotor

blade or two are damaged, they are quickly replaced. The traditional instrument cluster

in an aircraft is replaced by a data stream from the Inspire 1, visible in the control monitor

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can't

be easily resolved will go back to the manufacturer for repair. Currently, there are no required inspections by 'authorized' maintenance personnel and there would be no

space/room on board to install a placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has

been performed. Again, approval of the maintenance before flight is essentially in the

hands of the PIC.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying

passengers or crew members, if the flight characteristics have been substantially affected, before a rated pilot performs an operational check of the maintenance.

Again, this is a PIC's responsibility to preflight the Inspire 1 and determine its flyability.

And, as mentioned earlier, there is no pilot, crew members or passengers on board the

Inspire 1. I respectfully request an exemption from this rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections
or "progressive inspections" and approval by authorized persons which will lead to the

"issuance of an airworthiness certificate."

Response: As stated earlier, there is no FAA approved inspection protocols nor authorized inspection personnel. The PIC handles those issues each time the Inspire 1 is prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical

and electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair,

replacement and condition of vital parts (rotors, engines & airframe). Certain records

must be retained for one year while other records must be kept with the aircraft even

when sold to another part.

Response: The details of this section would be impractical with an Inspire 1, but repair

issues can be entered into the aircraft log. I respectfully request an exemption from this

rule.

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison

to a manned fixed wing or rotorcraft. Weighing less than seven pounds with camera and

battery, the Inspire 1 is incapable of causing the level of damage or injury caused by a

full-size, manned aircraft. Additionally, the ecologic and noise impact is negligible as

compared to traditional manned aircraft. Lastly, as real estate is a large part of our

community, the use of a small UAV aerial filming platform is a cost-effective and visually

impactful means to promote properties, therefore becoming an economic driver in the

community.

Respectfully,

Joel Zieve

President, Birds Eye Films, Inc.

PO Box 1206
Eden, Utah 84340

ATTACHMENTS:

• Commercial Pilot License

• DJI Inspire 1 User Manual