UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Joseph O. Wirth DBA Real Eye Recon

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on March 17, 2015

Joseph O. Wirth DBA Real Eye Recon

1439 Roosevelt Dr.

Woodland CA, 95776

719-323-4623

wirthrer@gmail.com
GLOSSARY OF ABBREVIATIONS

AGL................Above Ground Level

AOI.................Area of Interest

ATC.................Air Traffic Control

ATO.................Air Traffic Organization

AV...................Aerial Vehicle

CFR.................Code of Federal Regulations

COA................Certificate of Authorization

DBA.................Doing Business As 

FAA.................Federal Aviation Administration

FAR.................Federal Aviation Regulation

FPV..................First Person Viewer

GCS.................Ground Control Station

GPS.................Global Positioning System

LOL..................Loss of Link

NAS.................National Airspace System

NOTAM..........Notice to Airman

PIC...................Pilot In Command

Section 333....FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO....................Safety Observer

SOP.................Standard Operating Procedures

UA...................Unmanned Aircraft

UAS.................Unmanned Aircraft System

VFR..................Visual Flight Rules

VLOS................Visual Line of Site

VMC.................Visual Meteorological Conditions

VTOL ................Vertical Takeoff and Landing
SUMMARY

Joseph O. Wirth seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit Joseph O. Wirth DBA Real Eye Recon to operate an Unmanned Aircraft System 

(UAS) for the commercial purpose of conducting owner approved aerial video and photography of 

construction sites, agricultural real estate, and open space landscapes over certain areas of the United 

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Joseph O. Wirth DBA Real Eye Recon provides its clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. Joseph O. Wirth DBA 

Real Eye Recon has over 10 years military professionalism and 5 years in actual military UAV operational 

knowledge. With a college degree in real estate and over 10 years recreational / hobby experience in all 

aspects of aerial video photography. The objective of Joseph O. Wirth DBA Real Eye Recon aerial video 

and photography operations is to provide high quality imaging for a variety of commercial, public, and

residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Agricultural and open space Real Estate

• Aerial inspections of public and private structures.

BACKGROUND

Unmanned Aircraft Systems: 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or 

comparable UAs), Joseph O. Wirth DBA Real Eye Recon seeks an exemption to operate 3D Robotics 

X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) systems for compensation or 
hire within the NAS. The 3D Robotics X4/X8 are vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a Ground Control Station (GCS) utilizing a 10 to 12 inch monitor. The 3D Robotics X4 UASs has 

a maximum gross weight of approximately 3 pounds, while having a length of 13.7 inches width of 20.1 

inches, height of 11.8 inches, and a maximum speed of approximately 30 knots. The 3D Robotics X8 has

a maximum gross weight of 5.6 pounds, a length of 13.7 inches, width of 20.1 inches, height of 11.8

inches, and a maximum speed of approximately 42 knots. The 3D Robotics X4 UAs are equipped with 

four main rotors and the 3D Robotics X8 UAs are driven with eight main rotors; both driven by Lithium 

Polymer battery powered electric motors. Volantex Raptor/Ranger Airplanes have a PVC fuselage and 

EPO foam wings. The wingspan is 2000mm (78.7 in), overall length is 1044mm (41 in) and weight is 

1000g without battery. Volantex Raptor/Ranger Airplanes have one main motor and powered by a 

Lithium Polymer battery. The 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) that will be operated by Joseph O. Wirth DBA Real Eye Recon will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Joseph O. Wirth, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for 

Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the 3D 

Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes in the National Airspace System (NAS), and 

for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, 

size, and limited operating area associated with the unmanned aircraft and its operation, Joseph O. 

Wirth DBA Real Eye Recon operation of 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) meets the conditions of FMRA Section 333 and therefore, will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Joseph O. Wirth 

DBA Real Eye Recon requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with 

an airworthiness certificate. Joseph O. Wirth DBA Real Eye Recon submits that the requested relief is 

proper since an equivalent level of safety will be ensured. Joseph O. Wirth DBA Real Eye Recon will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance 

on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e.,
Monthly Maintenance Log, and 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) Instruction Manual). Furthermore, Joseph O. Wirth DBA Real Eye Recon will document 

and maintain all maintenance records for the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by Joseph O. Wirth DBA Real Eye Recon to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as 

an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 

currency requirements, that the PIC is able to safely operate the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures. Joseph O. Wirth DBA Real Eye Recon seeks relief from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. As such, Joseph O. Wirth DBA Real Eye Recon submits that he will ensure that the 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes UASs are in an airworthy condition, prior to every 

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

Instruction Manual), and that the aircraft are in a condition for safe flight. Joseph O. Wirth DBA Real Eye 

Recon also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as 

the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) will not have a 

typical barometric altimeter onboard. However, altitude information of the 3D Robotics X4/X8 UAs and 

Volantex Raptor/Ranger Airplanes will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path. This altitude information, combined with Joseph O. Wirth DBA Real 

Eye Recon operation of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable 

UAs) within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. Additionally, Joseph O. Wirth DBA Real Eye Recon seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Joseph O. 

Wirth DBA Real Eye Recon submits that safety will not be affected by operation of the 3D Robotics 

X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a 

total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal
cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Joseph O. 

Wirth DBA Real Eye Recon provides the following information in support of its petition for exemption:

A. Name and Address of the Petitioner.

The name and address of the Petitioner and point of contact is:

Joseph O. Wirth DBA Real Eye Recon

1439 Roosevelt Dr.

Woodland, CA 95776

530-666-6836

Email: wirthrer@gmail.com

B. The Specific Sections of 14 C.F.R. From Which Joseph O. Wirth DBA Real Eye Recon Seeks

Exemption.

1. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirements of Section

61.113(a) and (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections 

(a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) 

of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirements of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirements of Section 91.121.
Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 

18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a) (1) (i) of this section, 

the current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure.

4. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirements of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

5. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirement of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) 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[.]

6. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirements of Section 

91.407(a)(1) 
Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter [.]

7. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirements of Sections 

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had –

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter.

8. Joseph O. Wirth DBA Real Eye Recon Seeks Exemption from the Requirements of Sections 91.417(a) 

And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner 

or operator shall keep the following records for the periods specified in paragraph (b) of this 

section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and
(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft 

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the 

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

C. The Extent of Relief Joseph O. Wirth DBA Real Eye Recon Seeks and the Reason Joseph O. Wirth 

DBA Real Eye Recon Seeks the Relief.

1. Extent of Relief Joseph O. Wirth DBA Real Eye Recon Seeks and the Reason Joseph O. Wirth 

DBA Real Eye Recon Seeks Relief from Section 61.113(a) and (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations 

for compensation or hire. This relief is requested since the limitations set forth in Section 

61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. As set forth more fully below, Joseph O. Wirth DBA Real Eye Recon 

submits that an equivalent level of safety will be maintained because no PIC will be allowed to 

operate the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes UAS (or comparable 

UAs) unless that PIC has met certain flight-hour and currency requirements, demonstrating that 

the PIC is able to safely operate either the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger 

Airplanes (or comparable UAs) in a manner consistent with the operations specifications as 

described in this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures. Further, Joseph O. Wirth 

DBA Real Eye Recon submits that all flights of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Joseph O. Wirth DBA Real Eye Recon business; and (2) will not carry passengers or 

property for compensation or hire.

2. Extent of Relief Joseph O. Wirth DBA Real Eye Recon Seeks and the Reason Joseph O. Wirth 

DBA Real Eye Recon Seeks Relief from Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow Joseph O. Wirth DBA Real Eye Recon to determine that the 3D Robotics X4/X8 

and Volantex Raptor/Ranger Airplanes (or comparable UAs) are in airworthy condition prior to 

every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the 

Joseph O. Wirth DBA Real Eye Recon Aerial Operations Manual, Monthly Maintenance Log, and 

3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) Instruction 

Manual). Joseph O. Wirth DBA Real Eye Recon seeks the requested relief because the 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Joseph O. 

Wirth DBA Real Eye Recon will ensure that the 3D Robotics X4/X8 and Volantex Raptor/Ranger 

Airplanes (or comparable UAs) are in airworthy condition based upon its compliance with the 

operating documents (i.e., Monthly Maintenance Log, and 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) Instruction Manual) prior to every flight, and 

further, determine that the aircraft are in condition for safe flight, as stated in the conditions 

and limitations below.

3. Extent of Relief Joseph O. Wirth DBA Real Eye Recon Seeks and the Reason Joseph O. Wirth 

DBA Real Eye Recon Seeks Relief from Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes, which utilize a 

barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to 

downlink altitude information from the UA to the PIC at the ground control station (GCS). Since 

the FAA requires that any altitude information concerning UAS operations be reported to air 

traffic control (ATC) in feet above ground level (AGL), Joseph O. Wirth DBA Real Eye Recon seeks 

the requested relief because the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) UA’s altimeter may be set on the ground to zero feet AGL, rather than the 

local barometric pressure or field altitude, before each flight. Considering the limited altitude of 

the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply 

with the applicable conditions and limitations stated below. As more fully set forth herein, an 

equivalent level of safety will be maintained since the 3D Robotics X4/X8 UAs and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) are equipped with a barometric pressure sensor 

and GPS equipment, which automatically ensures that a ground level pressure setting will be 
established prior to each flight, and provides the PIC with altitude information of the UA on the 

heads-up display of the GCS.

4. Extent of Relief Joseph O. Wirth DBA Real Eye Recon Seeks and the Reason Joseph O. Wirth 

DBA Real Eye Recon Seeks Relief from Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered 3D Robotics X4/X8 UAs

and Volantex Raptor/Ranger Airplanes (or comparable UAs) during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 4.5 minutes. Joseph O. Wirth DBA Real Eye Recon seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery 

powered 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

will severely constrain the practicality of any aerial video or still photo flight operations that 

Joseph O. Wirth DBA Real Eye Recon proposes to conduct pursuant to this Petition. Significantly, 

as set forth below, the technical specifications of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes, the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) operating documents, and Joseph O. Wirth DBA Real Eye Recon proposed 

operating limitations, ensure that Joseph O. Wirth DBA Real Eye Recon will safely operate the 

battery powered 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable 

UAs) during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent of Relief Joseph O. Wirth DBA Real Eye Recon Seeks and the Reason Joseph O. Wirth 

DBA Real Eye Recon Seeks Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, Joseph O. Wirth DBA Real Eye Recon requests relief

from these Sections because the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) do not require airworthiness certificates. As set forth more fully below, the 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) meet the conditions 
of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Joseph O. 

Wirth DBA Real Eye Recon will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UASs using the methods, techniques, and practices prescribed in 

the UAS operating documents (i.e., the Joseph O. Wirth DBA Real Eye Recon Aerial Operations 

Manual, Monthly Maintenance Log, and 3D Robotics X4/X8 and Volantex Raptor/Ranger 

Airplanes (or comparable UAs) Instruction Manual). Furthermore, Joseph O. Wirth DBA Real Eye 

Recon will document and maintain all maintenance records for the 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes.

D. The Reasons Why Granting Joseph O. Wirth DBA Real Eye Recon Request Would be In the Public 

Interest; That Is, How It Would Benefit the Public as a Whole.

Granting the present Petition will further the public interest by allowing Joseph O. Wirth DBA Real Eye 

Recon too safely, efficiently, and economically perform aerial video and photography of construction 

sites, real estate, and landscape over certain areas of the United States. Additionally, use of the 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) will decrease congestion of 

the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

Joseph O. Wirth DBA Real Eye Recon proposed operation of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) will be realized without implicating any privacy issues.

1. The Public Will Benefit from Decreased Congestion of the NAS.

The 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) are 

battery powered and serve as a safe, efficient, and economical alternative to the manned 

aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned 

aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 3D Robotics 

X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) would reduce the 

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the 

safety of life and property in the air and on the ground. Furthermore, by reducing the number of 

manned aircraft operating in the NAS, congestion around airports caused by arriving and 

departing aircraft will be reduced. The 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger 

Airplanes (or comparable UAs) do not require an airport to takeoff or land. Likewise, a reduction 

of manned aircraft conducting aerial video and photography missions would result in fewer 
aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, 

and landing phases of flight operations.

2. The Public Will Benefit from the Safety and Efficiency of the 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes.

Conducting aerial acquisitions with the 3D Robotics X4/X8 and Volantex Raptor/Ranger 

Airplanes, instead of manned aircraft, will greatly benefit the public by drastically reducing the 

levels of air and noise pollution generated during traditional aerial video and still photography

flight operations. By using battery power and electric motors, the 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes (or comparable UAs) produce no air pollution, and is the most 

viable environmentally conscious alternative to the cabin class, six cylinder internal combustion 

engine aircraft that are typically utilized for aerial video and photography, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. The 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes (or comparable UAs) UAs, while reducing the carbon footprint 

of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery 

powered electric motors, rather than an internal combustion engine. By using the 3D Robotics 

X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) to perform aerial

acquisitions, the substantial risk to life and property in the air and on the ground, which is

usually associated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located onboard 

the aircraft, the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs)

(weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their 

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 

inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for 

collateral damage to life and property on the ground, and in the air, compared to the manned 

aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a 

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations with the 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes (or comparable UAs) Will Benefit the Economy.

In addition to being safe and efficient, the 3D Robotics X4/X8 and Volantex Raptor/Ranger 

Airplanes (or comparable UAs) are also an economical alternative to using manned aircraft to 
conduct similar aerial operations. As such, operation of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) will allow United States based companies, like

Joseph O. Wirth DBA Real Eye Recon, to remain competitive and contribute to growth of the 

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection 

Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated 

companies must adopt new and alternative technology in order to remain competitive. 

Operating the battery powered 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. By operating the 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes, companies such as Joseph O. Wirth DBA Real Eye Recon, can 

remain competitive and profitable, and therefore, provide greater job stability to employees 

and contractors, which will ultimately contribute to growth of the U.S. economy. Improved 

financial performance of U.S. companies, through commercial use of the 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

Joseph O. Wirth DBA Real Eye Recon proposed operation of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) will not implicate any privacy issues. Specifically, 

the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) will be 

operated only in compliance with operating documents (i.e., the Joseph O. Wirth DBA Real Eye 

Recon Aerial Operations Manual, Monthly Maintenance Log, and 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes (or comparable UAs) Instruction Manual) which requires 

property owner involvement as well as local law enforcement notification, and in accordance 

with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 

§ 91.119.
E. The Reasons Why Granting the Exemption Would not Adversely Affect Safety, or How the 

Exemption Would Provide a Level of Safety at Least Equal to That Provided by the Rule from Which 

Joseph O. Wirth DBA Real Eye Recon Seeks Exemption.

1. Reasons Why the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) Meet the Conditions of the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, Joseph O. Wirth DBA Real Eye Recon operation of the 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) meet the conditions 

of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without 

airworthiness certification and sets forth requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. 

Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of 

this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under

subsection (a), the Secretary shall determine, at a minimum--

(1) Which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security; and

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, 

the Secretary shall establish requirements for the safe operation of such aircraft systems 

in the national airspace system.

In seeking this exemption, Joseph O. Wirth DBA Real Eye Recon submits that the 3D Robotics X4/X8 and 

Volantex Raptor/Ranger Airplanes (or comparable UAs) can operate safely in the NAS pursuant to FMRA 

Section 333, as demonstrated by: (a) the characteristics of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes; (b) the pilot certification requirement; and (c) the specific operating 

limitations.

a. The Specifications of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) Demonstrate Its Safe Characteristics.

The 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) do not create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its 

size, weight, speed, and operational capability.

i. Technical Specifications of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes.

The technical specifications of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) are set forth by the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) Specifications and Data Sheet, attached hereto as Exhibit A and B.

ii. The 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

Autonomous Flight and Navigation Modes Enable the UASs to Remain within a Defined 

Operational Area.

The 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) may be operated in 

both manual and fully autonomous flight modes. A complete description of the flight and navigational

modes of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) is provided 

at pages 25-35 of the DJI Phantom 2 Vision+ and pages 12-16 and 45-50 of the DJI Inspire 1 User 

Manuals, attached hereto as Exhibit C and D.
iii. The 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) Are 

Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control 

Link Or Navigation.

When the Control Link is lost, the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 2Vision+ and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will 

assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via 

GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe 

Functions of the DJI Phantom 2 Vision+ UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 

at pages 13 through 15 of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable 

UAs) User Manuals, attached hereto as Exhibit C and D.

iv. The 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) GCS 

and Its Operation.

A complete description of the operation and specifications of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) GCS and flight control software is provided in User 

Manuals at the company’s web sites. 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) User Manuals web sites are attached hereto as Exhibit D.

b. Flight Operations of 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) are Limited to the Line Of Sight of a Certificated Pilot in Command with a

Safety Observer.

Joseph O. Wirth DBA Real Eye Recon will only utilize certificated pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes. Additionally, a safety observer will assist all pilots during flight time.

c. Flights of 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

will be Conducted Pursuant to Specific Operating Limitations.

In seeking this exemption, Joseph O. Wirth DBA Real Eye Recon proposes to commercially operate 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) for the special purpose of 
conducting aerial video and photography over certain areas of United States, pursuant to the following

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum 

gross weight: 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose 

of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), 

as indicated by the procedures specified in the operating documents unless a special request is 

made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding

other air traffic and other ground based obstacles/obstructions and is not permitted to operate 

the camera or other instruments.
9. The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the procedures 

outlined in the operating documents, the conditions and limitations contained in the grant of 

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

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

operating documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment to the grant 

of exemption. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted the exemption, then the operator must petition for 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.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe 

flight. 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 and the UAS 

is found to be in a condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

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

test flight. The PIC who conducts the functional test flight must make an entry in the aircraft 

records. 12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant sections of 

the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, alterations, and status 

of replacement/overhaul component parts must be noted in the aircraft records, including total
time in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety 

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third- class 

medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours must be logged in a manner consistent with 14 

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the 

terms of the exemption. However, training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants, and the PIC must operate the UA

with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at night is 

required, a special request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on 

a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request.
21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined

location within the planned operating area and land or be recovered in accordance with the 

operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA 

will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in 

advance, but not less than 48 hours prior to the operation. All operations shall be conducted in 

accordance with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control 

of the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These documents must 

be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and 

activities at all times.
30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and 

structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission and the 

PIC has made a safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

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

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

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

www.ntsb.gov.

2. Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) Would Not 

Adversely Affect Safety.

Joseph O. Wirth DBA Real Eye Recon submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 3D Robotics X4/X8 

and Volantex Raptor/Ranger Airplanes (or comparable UAs) unless that PIC has demonstrated, by 
meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. Considering Joseph O. Wirth DBA Real Eye Recon 

proposed area of operations, and the operating limitations set forth-above; the parallel nature of 

private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See 

Exemption No. 11062); and the airmanship skills necessary to safely operate the 3D Robotics X4/X8 UAs 

and Volantex Raptor/Ranger Airplanes (or comparable UAs), Joseph O. Wirth DBA Real Eye Recon 

submits that the additional manned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for Joseph O. Wirth DBA Real Eye Recon specific 

proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific 

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 

11156, 11158, 11159, 11160, 11161). Joseph O. Wirth DBA Real Eye Recon will not allow any PIC to 

operate the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) unless 

that PIC has demonstrated, by meeting minimum flight-hour requirements or the 3D Robotics X4/X8 

UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) training and currency requirements, 

that the PIC is able to safely operate the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes

(or comparable UAs) in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a 

UAS pilot operating the same make and model of UAS to be used for operations under the exemption). 

In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 

90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented 

flight experience that was obtained in compliance with applicable regulations will ensure an equivalent 

level of safety during Joseph O. Wirth DBA Real Eye Recon proposed operations. The Administrator has 

held that prior documented flight experience that was obtained in compliance with applicable

regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required 

that prior to conducting operations for the purpose of motion picture filming (or similar operations), the 

PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total 

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 
Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a 

minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours 

of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In 

addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in 

Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely 

conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight 

experience that was obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under the grant of 

exemption to accomplish the required flight time. During training, proficiency, and experience-building 

flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 

91.119. Exemption No. 11138 at page 15. Accordingly, Joseph O. Wirth DBA Real Eye Recon will ensure 

safe operations by not allowing any PIC to operate the 3D Robotics X4/X8 UAs and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the 3D Robotics X4/X8 UAs 

and Volantex Raptor/Ranger Airplanes (or comparable UAs) in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

3. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not Adversely 

Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every 

flight, Joseph O. Wirth DBA Real Eye Recon will ensure that the3D Robotics X4/X8 UAs and Volantex 

Raptor/Ranger Airplanes (or comparable UAs) is in an airworthy condition based upon the UAS’s 

compliance with its operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).
4. Reasons Why an Exemption from the Requirements of Section 91.121 Would Not Adversely 

Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude 

information of the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with Joseph O. Wirth DBA Real Eye Recon operation of the 3D Robotics X4/X8 

UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) within visual line of sight, at or below 

400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 

point is automatically established by the UASs at ground level. The FAA has previously granted relief 

from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not 

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b) as a result of (1) the technical specifications of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes; (2) the limitations on the proposed flight operations; and (3) the location of 

the proposed flight operations. Accordingly, Joseph O. Wirth DBA Real Eye Recon will ensure that it will 

safely operate the battery powered 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) during daylight hours in VFR conditions, with enough battery power to fly for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of 

the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes; the limitations on the proposed flight 

operations; and the location of the proposed operations, will ensure an equivalent level of safety 

established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the 3D Robotics X4/X8 

and Volantex Raptor/Ranger Airplanes (or comparable UAs) provide audible and visual warnings to the 

PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining battery power. 

At the critically low battery level, the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or 
comparable UAs) (or comparable UAs) will descend and land automatically. Significantly, previous 

exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected 

when the technical characteristics and operating limitations of the UAS are considered. Relief has been 

granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, 

including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from 

Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Joseph O. Wirth DBA Real Eye Recon submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Joseph O. Wirth 

DBA Real Eye Recon will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the operating 

documents (i.e., the Joseph O. Wirth DBA Real Eye Recon Aerial Operations Manual, Monthly 

Maintenance Log, and 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

Instruction Manual). Furthermore, Joseph O. Wirth DBA Real Eye Recon will document and maintain all 

maintenance records for the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes. Since the 3D 

Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) will be inspected as 

prescribed by the operating documents, Joseph O. Wirth DBA Real Eye Recon will maintain the 

equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the 

3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) User Manuals are 

attached as a link hereto as Exhibit .C. Likewise, the exemption sought will not adversely affect safety 

because Joseph O. Wirth DBA Real Eye Recon will use trained technicians to perform maintenance, 

alterations or preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents. Furthermore, the exemption sought would maintain an 

equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all 

maintenance of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) will 

be performed by trained technicians. Maintenance will be documented and maintained utilizing the 

monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered. In 

consideration of Joseph O. Wirth DBA Real Eye Recon proposed operating limitations, the operating

documents, and the technical aspects of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes, 

Joseph O. Wirth DBA Real Eye Recon submits that safety will not be adversely affected by granting

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and 

(b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. 

§ 21.16 entitled Special Conditions, Joseph O. Wirth DBA Real Eye Recon requests that the FAA prescribe 

special conditions for the intended operation of the 3D Robotics X4/X8 and Volantex Raptor/Ranger

Airplanes, which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 

91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such

special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial 

video and photography over certain areas of the United States for compensation or hire. FMRA Section 

333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS 

or the public, or otherwise pose a threat to national security; and further, provides the authority for 

such UAS to operate without airworthiness certification in accordance with any requirements that must 

be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe 

special conditions pursuant to 14 C.F.R. § 21.16, for operation of the 3D Robotics X4/X8 and Volantex 

Raptor/Ranger Airplanes, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain 

adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. 

Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or 

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 
accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA 

Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s 

intended operation of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes, which 

contain such safety standards that the Administrator finds necessary to establish a level of 

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

F. A Summary That Can Be published In the Federal Register, stating: The Rules from Which Joseph O. 

Wirth DBA Real Eye Recon Seeks Exemption:

Joseph O. Wirth DBA Real Eye Recon seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

A Brief Description of the Nature of the Exemption Joseph O. Wirth DBA Real Eye Recon Seeks:

This exemption will permit Joseph O. Wirth DBA Real Eye Recon to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography 

over certain areas of the United States.

G. Any Additional Information, Views, or Arguments Available to Support Joseph O. Wirth DBA Real 

Eye Recon Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Joseph O. Wirth DBA Real Eye Recon request for exemption 

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set 

forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security;

and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Joseph O. Wirth DBA Real Eye Recon will operate the 3D Robotics 

X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) safely in the NAS, without 

creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national 

security.
CONCLUSION

As set forth herein, Joseph O. Wirth DBA Real Eye Recon seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) 

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video 

and photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 

2012, while also advancing the interests of the public, by allowing Joseph O. Wirth DBA Real Eye Recon 

to safely, efficiently, and economically operate the 3D Robotics X4/X8 and Volantex Raptor/Ranger 

Airplanes (or comparable UAs) commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, Joseph O. Wirth DBA Real Eye Recon respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and 

permit Leading Edge to operate the 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or 

comparable UAs) commercially for the purpose of conducting aerial video and photography over certain 

areas of the United States.

Dated: March 17, 2015

Respectfully submitted,

Joseph O. Wirth DBA Real Eye Recon

_________________________

Joseph O. Wirth DBA Real Eye Recon

1439 Roosevelt Dr.

Woodland, CA 95776

719-323-4623

Email: wirthrer@gmail.com

Appendices:

 A - 3D Robotics X4 Specifications Data Sheet

 B - 3D Robotics X8 Specifications Data Sheet

 C - Volantex Raptor/Ranger Airplanes Data Sheet

 D - Web site for equipment manuals
APPENDIX – A

3D Robotics X4 TECHNICAL SPECIFICATIONS

Joseph O. Wirth DBA Real Eye Recon only utilizes safe and reliable UASs. 3D Robotics is an industry 

leader in small UAS production. 3D Robotics UASs are loaded with ground breaking software enabling 

the user to set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, 3D Robotics drone software is a full-featured, open-source 

multi-copter UAV controller that won the Spark-fun 2013 and 2014 Autonomous Vehicle Competition 

(dominating with the top five spots). It provides real-time altitude and location information to the PIC 

via the linked monitor (smart phone/tablet devices).

3D Robotics X4 Configuration:

Battery: 4S 14.8V 3300 to 5000 mAh 35C

Battery Weight: 303g to 392g

Autopilot Hardware: Pix-hawk v2.4.5

Autopilot Firmware: Ardu-Copter 3.2

GPS: 3DR u-blox GPS with Compass (LEA-6H module, 5 Hz update)

Ground Station Radio: 3DR Radio v2 (915 MHz or 433 MHz)

Motors: SunnySky V2216-12 KV700 II

Frame Type: X

Propellers: Carbon Fiber Propeller 11x5.5 (4) 

Vehicle Dimensions: 13.7 in x 20.1 in x 11.8 in (35 cm x 51 cm x 20 cm)

Payload Capacity: 600 g (1.3 lbs.)

Max Vehicle Weight with Battery: 1.5 kg (3.3 lbs.)

Maximum Altitude: 300 ft.

Range: 300 m from launch point (1 km when geo-fence disabled)

Maximum Estimated Flight Time: 15 min

FPV Operating Frequency: 5.728GHz – 5.85GHz

Futaba S-FHSS Transmitter/Controller Operating Frequency: 2.4 GHz
APPENDIX – B

3D Robotics X8 TECHNICAL SPECIFICATIONS

Joseph O. Wirth DBA Real Eye Recon only utilizes safe and reliable UASs. 3D Robotics is an industry 

leader in small UAS production. 3D Robotics UASs are loaded with ground breaking software enabling 

the user to set parameters which will not allow flight into controlled airspace. Parameters can also be 

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a 

predetermined and set distance. In addition, 3D Robotics software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)

3D Robotics X8 Configuration:

Battery: 4S 14.8V 5200 mAh to 10,000 mAh 

Battery Weight: 400g to 803g

Autopilot Hardware: Pix-hawk v2.4.5

Autopilot Firmware: Ardu-Copter 3.2

GPS: 3DR u-blox GPS with Compass (LEA-6H module, 5 Hz update)

Ground Station Radio: 3DR Radio v2 (915 MHz or 433 MHz)

Motors: SunnySky V2216-12 KV800 II

Frame Type: X

Propellers: APC Propeller 11x4.7 SF (8) 

Vehicle Dimensions: 13.7 in x 20.1 in x 11.8 in (35 cm x 51 cm x 20 cm)

Max Payload Capacity: 800 g (1.7 lbs.)

Max Vehicle Weight with Battery: 2.56 kg (5.6 lbs.)

Maximum Altitude: 100 m 

Range: 300 m from launch point (1 km when geo-fence disabled)

Maximum Estimated Flight Time: 15 min

FPV Operating Frequency: 5.728GHz – 5.85GHz

Futaba S-FHSS Transmitter/Controller Operating Frequency: 2.4 GHz
APPENDIX – C

Volantex Raptor/Ranger Airplanes

Wingspan: 2000mm (78.7 in) 

Overall Length: 1044mm (41 in) 

Flying Weight (without battery): 1000g 

Prop Size: 10x6 Folding Propeller 

Motor Size: 4023 1000kv sized motor 

Speed Controller: 40 amp ESC 

Servos: 6x 9-gram Servos 

Battery: 11.1V 3300mAh ~ 10000mAh Li-Po

Flaps: Yes 

Retracts: No
APPENDIX – D

3D Robotics X4/X8 Manufacturer’s User Manual

Web Site: http://3drobotics.com/kb/x8/

Volantex Raptor/Ranger Airplanes

Web Site: http://www.volantexrc.com/product/757v2#tab-id-3