### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

**IN THE MA TTER OF THE PETITION FOR EXEMPTION OF:** 

**Joseph O. Wirth DBA Real Ey e Recon**  **FOR A N EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERA** **L REGULA TIONS**  **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), A** **ND 91.417(a) & (b) CONCERNING COMMERCIA L**  **OPERA TION OF**  **3D Robotics X4/X8 and**  **Volantex R aptor**  **/Ranger A irplanes**  **(or comp** **arable UA**

**s) UNMA** **NNED AI**  **RCRA FT SYSTEMS**  **PURSUA NT TO SECTION 333 OF**  **THE FAA**

**MODERNIZA TION A** **ND REFORM A CT OF 2012**  **(PUBLIC LA**

**W 112 -** **95)**

Submitted on March 17, 2015 Joseph O. Wi rth 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 Ai rcraft 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 exemptio n 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 landscape s 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 s eeks an exemption to operate 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) systems for compensation orhire 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, w hile 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 pou nds, a length of 13.7 inches, width of 20.1 inches, height of 11.8 inche s, 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 Moderniz ation 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 asso ciated 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 wil l 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 hig her 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 comp arable 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), ent itled 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 R econ 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 th e 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 altitud e 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 S ection 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 normalcruising 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 Pr ivate 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, entitle d 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 cu rrent 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), state s 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 a fter 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 ow ner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in s ubpart E of thi s 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 o f Secti**  **on 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 se ction, no person may operate an aircraft unless, within the preceding 12 calendar months, it has ha d
– (1) An annu al 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 airworth iness 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, sub sections (a) and (b), state the following: (a) Except for work performed in accorda nce with §§ 91.411 and 91.413, each registered owner or operator shall keep the fo llowing 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

- hou r, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (i ncluding the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to dat a acceptab le 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 th e person approving the aircraft for return to service. (2) Records containing the followin g information: (i) The total time in service of the airframe, e ach engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of ea ch airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overha uled on a specified time basis. (iv) The current inspection status of the aircraf t, including the time since the last inspection required by the ins pe ction program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthi ness 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 involve s 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 wo rk or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of thi s 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 own er or operator under § 43.11 of this chapter shall be retained until the defects a re repaired and the aircraft is approved for return to service. **C. The Extent o f Relief**  **Joseph O. Wirth DBA Real Eye Recon Se** **eks and t he Reason**  **Joseph O. Wirth DBA Real Eye Recon**  **Seeks t**  **he Relief. 1. Extent**  **of Relief**  **Joseph O. Wirth DBA Real Eye Recon Se** **eks 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 Secti on 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 passenge rs or property for compensation or hire. As set forth more fully below, Joseph O. Wirth DBA Real Eye Recon subm its that an equivalent level of safety will be maintained because no PIC will be allow ed 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, ve ssels, 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 gran t of this Petition: (1) will be incidental to Joseph O. Wirth DBA Real Eye Recon business; and (2) will n ot carry passengers or property for compensation or hire. **2. Extent o f Relief**  **Joseph O. Wirth DBA Real Eye Recon Seeks a**  **nd t he Reason**  **Joseph O. Wirth DBA Real Eye Recon**  **Seeks Relief f rom 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 tha t 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, an d 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 ce rtificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Joseph O. Wirth DBA Real Eye Recon will ensure that th e 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or compara ble UAs) are in airworthy condition based upon its compliance with the operating documents (i.e., M onthly Maintenance Log, and 3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) Instruction Manual) prior to every flight, and furt her, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent o f Relief**  **Joseph O. Wirth DBA Real Eye Recon Se** **eks and t he Reason**  **Joseph O. Wirth DBA Real Eye Recon**  **Seeks Relief f rom Section 91.1**  **21.** 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 radi o communications tel emetry 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 applic able conditions and limitations stated below. As more fully set forth herein, an equ ivalent 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 beestablished 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 f rom 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 cru ising 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 R aptor/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 li mitations, 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 meteoro logical 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, assumin g normal cruising speed, to fly after that for at least 4.5 minutes. **5. Extent o** **f Relief Joseph O. Wirth DBA Real Ey** **e Recon Seeks and t**  **he Reason Joseph O. Wirth**  **DBA Real Eye Recon Seeks Relief f** **rom 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 conditionsof 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, M onthly 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 Vol antex Raptor/Ranger Airplanes

. **D. The Reasons Why Granting Joseph O. Wirth DBA Real Eye Recon**  **Request Would be In t he**  **Public Interest; T** **hat Is, How It Would Benefit the Public as a**  **Whole.** Granting the present Petition will further the public interest by al lowing 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 a nd 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 t he 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 w ill be reduced. The 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or co mparable 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 feweraircraft that must be handled by air traffic control during the ground, takeoff, dep arture, arrival,

and landing phases of flight operations. **2. The Public Will Benefit from t he Safety**  **and Efficiency of t he**  **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 tha t 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 acqu isitions, 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 perfo rm 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 o unces 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/X** **8 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 toconduct 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 com panies, 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 altern ative technology in order to remain competitive. Operating th e 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 mann ed 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 Roboti cs 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 Rapto r/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 notificat ion, 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 n ot Adversely Affect Safety,**  **or How the**

**Exemption Would Provide a Level of Safety at Least Equal t** **o That Provided by the Rule f** **rom Which Joseph O. Wirth DBA Real Eye Recon**  **Seeks Exemption. 1. Reasons Why t**  **he 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes**  **(or comparable UAs)**  **Meet t he**  **Conditions of t he FAA Modernizatio**  **n 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 airworthin ess 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) W hich 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/Ra nger 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 s pecific operating limitations. **a. The Specifications of t he**  **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 Airplane** **s .**  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 Air planes (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 Hom**  **e 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 Airpl anes (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 Roboti cs X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs) GCS and flight control software is provided in User Manual s 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 o f**  **3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or**  **comparable UAs) a**  **re 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 o f**  **3D Robotics X4/X8 and Volantex Raptor/Ranger Airplanes (or comparable UAs)**  **will b e**  **Conducted Pursuant t o 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 ofconducting 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/Range r 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 purp ose 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 opera ting 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 permi tted. 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 docu ments 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 i n 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 exempt ion. 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 prefligh t 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 com ponent, 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 equ ipment, 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 totaltime 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 mu st 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 ma y 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 per mitted under the terms of the exemption. H owever, 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 no nparticipants, 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. T he 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 opera tions 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 mu st 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, veh icles, 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 protectio n. 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, bymeeting minimum flight

- hour and currency requirements, that t he 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 requi rements (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 ex perience 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 p receding 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 th e 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 ho urs 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 app ropriate 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) i n 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 the 3D 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 ci rcumstances 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**  **Exe mption**  **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 Airpl anes (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 Jo seph O. Wirth DBA Real Eye Recon operation of the 3D Robotics X4/X8 UAs and Volantex Raptor/Ranger Airplanes (or comparable UAs) within vis ual 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 speci fic 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 ope rate 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 an d, 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; a nd the location of the prop osed 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 (orcomparable UAs) (or comparable UAs) will descend and land automatically. Significantly, previous

exemptions granted by th e 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, 111 36, 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 doc uments (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 att ached 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 Sections91.405(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 N os. 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 Mod ernization 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), 9 1.407(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 airworthines s 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 an d 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 inaccordance with Part 11 of this chapter and contain such safety standards for the aircraft,

aircraft engine or prop eller 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 Descripti on**  **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 t o 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, a s 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 opera te 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 th e 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 a reas 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 advanci ng 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 Modernizatio n 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), 9 1.407(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

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-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 manualsAPPENDIX
– 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 in to 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 35 C Battery Weight: 303 g 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 KV7 00 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 Batt ery: 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 GHzAPPENDIX
– 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 enabli ng 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 803 g 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 Propel lers: 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) Ma ximum Estimated Flight Time: 15 min FPV Operating Frequency: 5.728GHz
– 5.85GHz Futaba S

- FHSS Transmitter/Controller Operating Frequency: 2.4 GHzAPPENDIX
– 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: NoAPPENDIX
– D

3D Robotics X4/X8 Manufacturer’s User Manual Web S ite: http://3drobotics.com/kb/x8/ Volantex Raptor/Ranger Airplanes Web Site: http://www.volantexrc.com/product/757v2#tab

- id

- 3