September 1, 2015

U.S Department of Transportation

Docket Operations 

1200 Jersey Ave, SE 

Washington, D.C 20590

Petition for Exemption

To Whom it Concerns,

BirdsEye Cinematography, is an aerial photography, cinematography, structural and agricultural 

inspection, and real estate imaging business, based in North Shore Massachusetts. I am petitioning for a 

Section 333 exemption under the FAA Modernization and Reform Act of 2012, Public Law 112-95 and 

Title 14 Code of Federal regulations 14 CFR 21. 191 for the purpose of research and development. 

BirdsEye Cinematography and its owner, Anthony Longo, seek exemption in order to establish a 

commercial aerial drone photography business that offers valuable aerial photography services to the 

public. The name and address of the applicant is:

BirdsEye Cinematography

Contact: Anthony Longo

Email: BridsEyeCinematography@gmail.com

11 Estes Street, Ipswich MA 01938

BirdsEye Cinematography is requesting an exemption that would permit the operation of small, 

unmanned, remote operated aerial craft in the National Airspace System. BirdsEye Cinematography

petitions under the conditions of following all safety measures and regulations set by the Federal 

Aviation Administration and Section 333.1. and any other regulation regarding the operation of sUAV’s. 

I Anthony Longo, would ensure that all devices used by the business such as the DJI Phantom 2 with a 

GoPro Hero 4 Silver attached by a Zen muse Gimbal, the Phantom 3, the DJI Inspire 1, would not be over 

the 55 lb. weight limit. These machines will be operated under control and with strict conditions. They 

all have the ability to return to their take off point in the case of a low battery or lost connection from 

the controller. They are able to hover with GPS guidance and are professional grade equipment. They 

would never be operated out of sight from the operator nor the spotter chosen by the operator for the 

flight. The spotter will be responsible for helping the operator be aware of obstacles and to avoid danger 

while in flight. The operator will ensure the UAV never flies above 300 ft. to ensure no collisions with 

other planes and helicopters operating within the NAS. The UAV would never operate in proximity to 

airports or any populated area, and would never be operated at night. Each flight will be carefully 

planned and executed with a flight plan with obstacles marked and avoided.
The maximum flight times of the devices operated by BirdsEye Cinematography will be no more 

than 30 minutes, and will finish a flight if the battery gets to 25% of its capacity before the 30 minute 

limit. Located in North Shore Massachusetts, the operating areas of BirdsEye Cinematography are 

limited in populated and pose little risk to the surrounding areas.

The devices that are going to be operated by BirdsEye Cinematography are far safer than 

traditional aerial photography methods. The UAV that are used do not carry fuel nor do they carry 

passengers. They carry camera equipment used for photography and videography of events such as 

weddings or sports, roof and structural inspections, realty photography as well as agricultural 

inspections and many other possible uses. The sUAV’s do not have an onboard pilot or passengers, in 

the unlikely event of a crash, the chances of human injury or death is very low. Also because there is no 

fuel, there is no chance of fire or explosion in the event of a collision. The DJI devices that BirdsEye 

Cinematography uses are much safer than traditional gas powered airplanes that weigh over 1000 lbs.

The Applicant, BirdsEye Cinematography, operated by Anthony Longo proposes that the 

exemption requested herein apply to civil aircraft that have the characteristics and that operate with the 

limitations listed herein. These limitations provide for at least an equivalent or even higher level of 

safety to operations under the current regulatory structure because these proposed operations 

represent a safety enhancement for current aerial photography services. BirdsEye Cinematography

request for exemption and reasons for exemption follows and reflects the guidelines congress 

envisioned for commercial aerial operations of UAVs. These guidelines which include the equivalent 

level of safety surrounding proposed operations, the significant public benefits including enhanced 

safety, and reduced environmental impacts all fall within the benefit of public interest. Accordingly, the 

applicant respectfully requests the FAA grant the requested exemption without delay. Anthony Longo

agrees to be bound to the limitations and conditions when conducting commercial operations under an 

FAA issued exemption which includes:

4 Reform Act Section 333 (b).

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 

25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL

5. Minimum crew for each operation will consist of the sUAS Pilot and a Visual Observer.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate. The observer will 

hold at least a third class medical.
7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who 

possess the necessary PIC qualifications, is also present on location (i.e. the Aerial Coordinator), that 

person can also be designated as PIC.

8. The UAS will only operate within a confined “Sterile Area” that has been investigated and evaluated 

before flight operations.

9. The operator will obtain the consent of all persons involved in the filming and ensure that only 

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

reduced to 30 feet based upon an equivalent level of safety determination.

10. Pilot and observer will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated.

11. Observer and pilot will at all times be able to communicate by voice and/or text.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. All required permissions and permits will be obtained from territorial, state, county or city 

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

14. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a 

pre-determined location within the Security Perimeter and land.

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

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

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under 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 for 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 sUAS to be operated 

hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the 

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

monitored by both the operator, pursuant to the Manual’s requirements, and under the requirements 

and in compliance with local public safety requirements, to provide security for the area of operation as 

is now done with conventional filming. 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 C.F.R. 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 its size, speed of operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

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

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft,

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness 

certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot

station on which the word “Experimental” can be placed. Given the size of the sUAV, two-inch lettering 

will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required 

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

the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to 

Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations.

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a 

private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance as set forth in the 

Manual. The level of safety provided by the requirements included in the Manual far exceed that 

provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. 

I, Anthony Longo will also be pursuing drone flight courses to ensure that my knowledge and experience 

be up to date. The risks associated with the operation of the sUAS are so diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety

achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 
granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft and the requirements contained in the DJI Owner’s Manual for maintenance and use of safety 

check lists prior to each flight, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides:

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

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

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size 

and configuration has no ability or place to carry such a flight manual on the aircraft, not only because 

there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. 

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

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in DJI Phantom 

Owner’s manual along with the applicant’s 10+ years of experience flying radio controlled aircraft 

without incident. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. In addition clients 

will be informed of all flight plans and safety procedures in case of an emergency. 

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

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

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

sUAS 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. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 
helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be 

operated in a restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent. The sUAS’s are equipped with telemetry back to the 

operator. Telemetry includes altitude, vertical and horizontal ground speed, direction and distance from 

operator. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Because of the advance notice to the property owner and participants in the 

filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and 

the lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft used in photography for Real Estate and Business. In addition, the 

low-altitude operations of the sUAS will ensure separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

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

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

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

instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements 

for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning “a flight in an 

airplane under VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) 

During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.” The battery powering the sUAS provides approximately 25 minutes of powered flight. Given 

the limitations on the UAS’s proposed flight area and the location of its proposed operations within a 

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

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

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small 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. Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673, and 10808.

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

The regulation provides in pertinent part:
(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following:

(1) An appropriate and current airworthiness certificate. . . .

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

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew.

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

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

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

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

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these 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 manufacturer’s flight

manual and operating handbook. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry a small payload and operate only in restricted areas for 

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

from no higher than 400 feet AGL. As provided in the Owner’s Manual, the operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance. Moreover, the operator 

is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. Pursuant to 14 C.F.R. Part 11, the following summary 

is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) 

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) 

(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) 

in motion picture and television operations.

Approval of exemptions allowing commercial operations of sUASs will enhance safety by 

reducing risk. Conventional aerial photography/videography operations use jet or piston powered 

aircraft. Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 
lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The sUAS is carried to the film location and not flown. The sUAS will 

carry no passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, 

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

turbine helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Photographs will be of people who have also consented to being photographed 

or otherwise have agreed to be in the area where photography will take place. Satisfaction of the 

criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, 

proximity to airports and populated areas and operation within visual line of sight and national security 

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

commercial operation of applicant’s UAS in the aerial photography industry.

Respectfully Submitted,

Anthony Longo

BirdsEye Cinematography