Re: Exemption request pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14CFR 91.9(b)(2); 

14CFR 91.103; 14CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14CFR 91.203(a) and 

(b);14 CFR 91.405(a); 14 CFR 91.407(a) (1) 14 CFR 91.91.409 (a) (1) and (2); 14 CFR 91.417(a) and (b) 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 

11, Johnny Hyman, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the 

listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UAS, so long as such 

operations are conducted within and under the conditions outlined herein as may be established by the FAA as 

required by Section333. I am requesting this exemption for one 30 Robotics Solo to be used for my aerial 

photography business. I additionally request this exemption be granted for use anywhere within US airspace 

system and not confined to a limited geographic area of operation. 

• Commercial operation of a UAS, as described herein, which are equipped with a camera and sensors, would 

operate in the following manner: 

• Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities . 

• Aerial video and/or photography for photography for public and/or private use including television, public 

events, cinematography and news gathering . 

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local 

government authority . 

• Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines, and cell towers . 

• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of 

an emergency or natural disaster only when the local authorities or government has requested it by contract 

or donation. 

As described fully below, the requested exemption would permit the operation of a UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety 

enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of 

this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to " ... establish requirements for the safe operation of such aircraft systems in 

the National Airspace System." 

The name and address of the applicant is: 

Johnny Hyman 

Eye in the Sky Productions 

3108 Cypress Mill Rd. Apt. 42 

Brunswick, Georgia 31525 

johnnyhyman@ymail.com 

904-962-8700 
Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23(b) 

14 CFR 91.7(a) 

14 CFR 91.9(b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14CFR91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) and (b) 

14 CFR 91.405(a) 

14 CFR 91.407(a) (1) 

14 CFR 91.409(a) (2) 

14 CFR 91.417(a) and (b) 

Eye in the Sky Productions will be operating one 3D Robotics aircraft. It is a 3D Robotic Solo weighing a total 

of 3.3 lbs. (1.5 kg) I 3.9 lbs. (1.8 kg) with GoPro® and Solo Gimbal. The dimensions are 10 in. tall (25 em), 18 

in. (46 em) motor-to-motor. Under still air the maximum speed is 50 mph.The 3D Robotics Solo has the ability 

to hover and move along a vertical and horizontal plane simultaneously. The Solo has four 880 kV motors 

powered by a Lithium polymer 5200 mAh 14.8 Vdc battery. The 3D Robotics Solo controller operates at a 

frequency of 2.4 GHz using a 3DR Link secure WiFi network. The 3D Robotic Solo has a range of .5 miles. 

Uses Pixhawk 2 autopilot. The applicant will operate the UAS in line of sight. 

3D Robotics Solo 

General Features 

• Ready to fly 

• 3-axis camera stabilization 

• Precision flight and stable hovering 

• GPS/GLONASS positioning and auto return home 

• Onscreen real-time flight parameters 

• High Definition camera 

• Film straight down 

• Powered by twin on board 1 GHz Linux computers 

• Unique safety features like pause and "safety net" 

• Advanced Pixhawk 2 autopilot system 

• Customizable color LEOs to assist orientation 
Transmitter 

• Operating frequency: 2.4 GHz 

• Communication distance (open area): .5 miles 

• Battery: 2600 mAh 7.2 Vdc rechargeable lithium ion 

• Voltage: 14.8 VDC 

Camera 

• HD recording: 4k @ 24fps I 1 080p @ 60fps 

• System requirements of mobile device: iOS 6.0 or above 

• Mobile Device Support: ipad mini 3 

• Max Resolution: 4096 x 2162@ 24fps 

Because of the small size of the UAS and the controlled environment provided the proposed operations will 

adhere to the Reform Act's safety requirements. The approval of this application presents no national security 

issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in 

environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested 

exemption with minimum delay. 

Aircraft and Equivalent Level of Safety 

The operation limitations proposed for an equivalent or higher level of safety because operations will further 

enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions 

to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued 

exemption as set forth in the Flight Operations Manual (FOM) include: 

• The UAS will weigh less than 55 lbs. (30 Robotics Solo weighs 3.3 lbs.) 

• The UAS has a maximum speed of 50 mph. 

• Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 

• Maximum flight time for each operational flight will be 22 minutes. Flights will be terminated at 25% battery 

power reserve or 22 minutes of flight time whichever occurs first. 

• Flights will be operated at an altitude of no more than 400 feet above Ground Level (AGL) and not more than 

200 feet above an elevated platform from which filming is planned. 

• Minimum crew for each operation will consist of the UAS Pilot and may include the Visual Observer (VO). 
• A briefing will be performed regarding the planned UAS operations prior to each day's flight consisting of all 

the day's filming or other activities. 

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

• The flights will will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of 

the estimated flight time, flight duration, elevation of flight and other pertinent information. 

• The operator will file FAA Form 7711-1 , or its equivalent, as modified in light of the requested exemption, with 

the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 

hours from planned operation. 

• The operator will obtain verbal/written consent of all persons involved with the planned operation to ensure 

that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be 

reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM . With 

the advanced permission of the FSDO, operations at closer range may be approved. 

• The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

• Written and/or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 

• If the UAS loses communication with the remote controller or loses GPS signal, the UAS has the capacity to 

return to a pre-determined location within a designated location and land autonomously. 

• The UAS has the ability to abort a flight in case of unpredicted obstacles, weather, or emergencies. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR 91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR 91 .203 (a) (1 ). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C. 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement of an airworthiness certificate, upon consideration of the size, weight, speed, operational 

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

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft 

(fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The UAS to be operated hereunder is less than 55 lbs. (3.9 lbs.) fully loaded, carries neither a pilot nor 

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

and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public safety 

requirements. The FAA will have advance notice of all operations. These safety enhancements provide a 

greater degree of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 CFR Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to it's size, speed of 

operation, location of operation, lack of explosive materials or flammable fuels, and inability to carry a 

substantial external load. 
14 CFR 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must 

also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 

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

no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the 

size of the UAS, two inch lettering will be impossible. 

14 CFR 91.7 (a): Civil Aircraft Airworthiness. 

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

will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory 

standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equilalent 

level of safety will be provided. 

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

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

Airplane or Rotorcraft Flight Manual is not required by 21.5 of this chapter, unless there is available in the 

aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry 

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

or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping 

the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. 

14 CFR 91.103: Preflight Action. 

The regulation requires each pilot in command to take certain actions before flight to ensure the safety of flight. 

As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. 

The PIC will take all actions as stated in the manufacturer FOM in the pre-flight inspection section, including 

but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 CFR 91.109: Flight Instruction. 

Section 91 .103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls . UAS and remotely piloted 

aircraft, by their design, do not have fully functional dual controls. Flight control is accomplished through the 

use of a control box that communicates with the aircraft via radio communications. The FAA has approved 

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

instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 
14 CFR 91.121: Altimeter Settings. 

The regulation requires each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available 

before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator, pusuant to the safety 

check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

14 CFR 91.151 (a): Fuel Requirements for Flight in VFR Conditions. 

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless 

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

landing, and, assuming normal cruising speed - (1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes." 

The battery powering the UAS provides approximately a maximum of 22 minutes of powered flight. to meet the 

30 minute reserve requirement in 14 CFR 91.151, UAS flights would be limited to approximately 10 minutes in 

length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations 

within a predetermined area, a longer time frame for flight in daylight or tight VFR conditions is reasonable. 

The applicant believes that an exemption from 14 CFR 91.151 (a) falls within the scope of prior exemptions. 

Operating the UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed of the 

small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. Applicant believes that an equivalent level of safety cab be achieved by limiting 

flights to 20 minutes or 25% of battery power- whichever happens first. This restriction would be more than 

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

14 CFR 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. 

The regulation provides in pertinent part: 

(a) Except as provided in 91 .715, no person may operate a civil aircraft unless it has within it the following (1) 

An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this 

section or a special flight authorization issued under 91.715 is displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is 

no ability or place to carry certification and registration documents or to display them on the UAS. 
14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2);417 (a) and (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in 

Subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

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

not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and 

will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues 

arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep along 

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

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

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. As provided in the FOM , the operator will ensure that 

the UAS is in working order prior to initiating flight and perform required maintenance needed. 

Additional Information. 

The applicant has an in-depth understanding of the capabilities and safety concerns involved in using this 

technology as an asset to the community. Satisfaction of criteria provided in Section 333 of the Reform Act of 

2012 provide more than adequate justification for the grant of the requested exemptions allowing the 

commercial operation of the applicant's UAS. 

Sin:v4~~d 

Johnny Hyman 

Eye in the Sky Productions 

3108 Cypress Mill Rd. Apt. 42 

Brunswick, Georgia 31525 

904-962-8 7 00