August	27,	2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act), Eye Spy Security Systems, Sean Michael Clay Owner/ Operator plans to 

operator Smal Unmanned Aircraft Systems (UAS) to conduct aerial data collection, 

photography, videography, search and rescue and survey various industries hereby 

applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial 

operation of my UASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established

by the FAA as required by Section 333.

Sean Michael Clay

3471 Biegler LN S

Salem, OR 97302

I am a Commercial licensed instrument rated pilot. Being a commercial pilot I

understand safety is paramount. Not only am I looking to use UAS to deliver a product to

customers, I am also looking to be a champion of the UAS industry by building positive 

relationships throughout the community. By giving back to the community in a positive 

way by assisting local counties and Law Enforcement in areas such as Search And 

Rescue, being approachable by the public, answering questions and educating the public 

to merit of UAS and that the word “drone” does not need to be a negative thing.

Previous exemptions granted to similar businesses

The following is list of recent exemptions granted to business with similar

operations and equipment:

Exemption # 11458 5/5/2015 Christopher Gardner

Exemption # 11464 5/5/2015 Michaels Drone Photography

Exemption # 11455 5/5/2015 High Flight Photo

Type of UAVs I currently operate are

#1- DJI F450 Quad Copter

#2- DJI F550 Hex Copter

#3- Yuneec Q500 Quad copter

#4- Yuneec H920 Hex Copter
How will my request benefit the public as a whole?

I am looking to provide affordable, safe options for aerial data collecting. I would like to 

start in the areas of pipeline and power line inspection, agriculture, as well as various 

uses by Fire and Law entities.

Utilizing a UAS removes the need for full size aircraft, fuels and noise. Risk is mitigated

by removing the required onboard crew from low and slow operating aircraft. I am 

hoping to nurture relationships with local Fire, Law and Rescue entities to provide much 

needed services. I envisions UAS being utilized on all types of incidents.

Local fire departments and Search and Rescue crews are routinely called to

Injured or lost hikers. Unfortunately, many of these individuals are unfamiliar with the 

trail systems. Cell phone “pinging” will get the general vicinity of the call, but the use 

UAS as an “eye in the sky” will greatly reduce the trial and error approach of determining 

which trail the victim is located on and possible save lives. Law enforcement routinely

contacts fire departments to provide a ladder truck for “aerial photographs” of accident or 

crime scenes. The downside to this operation is the fact that ladder truck is now out of 

service or out of position for emergency calls. The use of UAS for law enforcement 

photography allows the fire trucks to remain available for other emergency calls.

These are just a few examples of use of UAS in coordination with Fire and Law. The

more discussions that occur, the more benefits will be realized. Utility workers are 

regularly exposed to high voltage, electrical flash, heights, and environmental dangers. 

UAV operations would potentially eliminate, or mitigate all of those risks to utility

linemen. To ensure the reliability of our electrical system, power lines must be patrolled 

regularly through harsh and unforgiving terrain. When there is need for a closer 

inspection there is no choice but to have a lineman climb up for a closer look, exposing 

them to electrical flash, electrical contact and falling hazard. UAS will remove a person 

from those unnecessary exposures. It will also allow faster and more cost efficient 

inspections ensuring system reliability. When the use of thermal imaging is added to the 

process, it could find a potential problem before it causes system damage or more 

importantly injury to an employee or a member of the public. The use of UAS in these 

dangerous jobs will lower risk, increase system reliability, and most importantly protect 

lives. Utilizing UAS as an aerial based photography platform provides opportunities

for photographic shots not provided by other means. For the general public or small

business, full size aircraft for projects is just not feasible. I will bring aerial

photography/videography to more businesses and artists.

How will my request not adversely affect safety or provide a level of safety equal to an 

existing rule?

The Reform Act directs the Secretary of Transportation to consider whether

operation of UAV can occur in the national airspace system (NAS) before the

completion of the rulemaking required under Section 332 of the Reform Act.

Eye Spy Security Systems believe it is possible to operate UAS in a way to not create a

hazard to the National Airspace System (NAS), the public or pose a threat to national

security. I have demonstrated my willingness to act safely and responsibly by not

engaging in commercial UAS operations until the 333 exemption is granted. During
my feasibility study, I have determined that there are many operators offering their

services to real estate agencies and parties in need of aerial photos. It is my feeling

that these type of operations, while may offer a quick fix, contribute to the negative

attitude of the UAV. I am hoping to increase the safety by being professional, trained,

insured and FAA compliant. I will operate under the following conditions, which provide 

for safety equivalent to, if not exceeding the level required for manned aircraft.

 Safety will be the first and foremost consideration in any UAS operation

 The UAS planned to be operated are rotorcraft and fixed wing aircraft, each

weighing far less than 55 pounds including payload

 They would operate, under normal conditions, at a speed of no more than 50

knots.

 All operations will be conducted below 400' AGL. Altitude will be monitored via

on screen display or telemetry

 Operations will be conducted during the day under visual meteorological

conditions

 Aircraft will remain within Visual Line of Sight of the PIC or VO (visual observer)

at all times

 PIC and VO will remain in voice contact during the entire flight

 PIC shall complete a full pre-flight inspection before every flight

 I will utilize additional observers or signage when operations are conducted close to 

public activity

 Operations will only be conducted with permission from the appropriate land/property 

owner

 All required permits will be obtained from state and local government prior to

operation

 The aircraft will not be operated over populated areas, large gatherings or

heavily traveled roads.

 Flight planning will include flight completion with at least 25% battery power

remaining as measured by the UAS flight computer or appropriate timing

 All aircraft are equipped with and will utilize GPS navigation, failsafe, return-to home

(RTH) and/or flight abort safety features

 The aircraft will not be operated within 5 NM of a public airport or heliport

 A briefing will be conducted in regard to the planned UAS operations prior to

operation at each new location. All personnel who will be performing duties

within the boundaries of the area of operation will be present for this briefing

 The UAS pilot will be trained in advance for the safe operation of the UAS to be

operated. This will include operation of the UAS both in normal and emergency

modes of operation, and will include familiarization with the operation manual.

Training will also include types of maneuvers to be performed and the safe

operation in relation to persons, property and applicable airspace.

Routine maintenance and repairs are instrumental in safe operations. All

maintenance/overhauls/repairs will be completed according to manufacturer

instructions. Following all maintenance procedures, a test flight will be conducted in a

remote area to assure all systems are operational prior to any operations for

customers. Repairs and flight times will be documented to aid in tracking the life cycle

of critical components (ie; batteries, motors and speed controls)
The regulations from which the exemption is requested as well as how I intends to 

provide an equal to or greater level of safety are as follows:

-14 CFR 45.23, 45.27 and 45.29 - Display of Marks, Location and Size

Due to the size of the UAS, the required markings will be difficult to meet the

minimum size standards. Also, due to the fact there is no cockpit and no persons shall

be transported on UASs, displaying “experimental” at any location on the aircraft is

not necessary. My contact information shall be displayed on all aircraft in an easy to 

locate location.

-14 CFR Part 21 Subpart H, 91.7(a) and 91.203(a) and (b) - Civil Aircraft:

Certifications Required Carrying of civil aircraft certifications “onboard” or “displayed at 

the cabin or cockpit entrance” is not feasible due to size and no cockpit in the UAS. All 

applicable documentation shall be available on location where the pilot has immediate 

access to them.

-14 CFR 61.113 and 14 CFR 61.133- Private Pilot Privileges and Limitations: Pilot

In Command

Private pilots may not act as pilot in command and may not carry passengers or

property for compensation. My objective is to conduct flights for compensation,

although an equivalent or higher level of safety is achieved due to the fact there will be

no pilots or persons on board. All equipment carried shall be my personally owned 

equipment

 As sole pilot I am a commercial/ instrument rated pilot and have over least 10 years of 

RC experience and are current AMA members with no major accidents/injuries. This 

experience includes fixed wing, rotary and multirotor aircraft.

 Utilization of computer based simulator to maintain proficiency and allow

practice in all conditions as well as emergency procedures for simulated failures

(Phoenix Flight Sim, Real Flight Simulator)

 Training through some of the many online/hands-on offerings from respected

UAS training facilities.

 We are aware of the reference to the Unmanned Aircraft Operator Certificate with

Small UAS Rating as well as the Initial Aeronautical Knowledge Test referenced in

NPRM 14 CFR Part 107 and Vol. 80, No. 35 Federal Register dated February 23rd,2015. 

I strongly agrees with this proposed course of action and will await a final ruling.

-14 CFR 91.9 (b)(2): Civil Aircraft Flight Manual, Marking and Placard

Requirements Carrying of a flight manual onboard is not applicable due to the size of the 

UAS. An equal to or higher level of safety will be achieved by through familiarization of

manufacturer limitations and procedures. All manuals will be easily accessible for

reference at the location of the flight.

-14 CFR 91.103- Preflight Action

Prior to arriving at flight location, current and predicted weather, distances from

airports as well as local hazards (power lines, towers, high occupancy areas) will be

obtained. As stated above, a preflight briefing shall occur to include discussion

regarding weather, emergency procedures, hazards and alternate landing locations.

-14 CFR 91.109- Flight Instruction: Simulated Instrument Flight and Certain

Flight Tests Dual controls for the purpose of flight instruction is not applicable in the 

UAS operation. Should a need for instruction arise, several methods of training are 

available.
During designated training flights, the utilization of a “buddy box” system with 2

transmitters will provide an equivalent to or higher level of safety. Additionally the use

of computer based flight simulators provide the ability to conduct training with no

safety concerns.

-14 CFR 91.119- Minimum Safe Altitudes: The UAS shall be operated below 400 AGL 

standard. As a PIC of the UAS, being aware of the altitude minimums (with an emphasis 

on helicopters as they may be operated lower altitudes more often) is integral to safely

operating UAS.

-14 CFR 91.121- Altimeter Settings

All UASs that I operate will utilize GPS altitude and/or barometric altimeters with data 

transmitted to the operator via telemetry and on screen displays.

-14 CFR 91.151 (A): Fuel Requirements For Flight In VFR Conditions

An equivalent or higher level of safety is achieved in the fact that UASs do not

carry fuel. As stated above, all flights shall be planned and conducted with a minimum

of 25% remaining battery power. 

-14 CFR Subpart E (91.401-91.417) - Maintenance, Preventative Maintenance And

Alterations These regulations apply to aircraft requiring an airworthiness certificate. 

Adhering to manufacturer recommended maintenance, full pre-flight and post flight 

inspections as well as documenting all maintenance performed will provide an equal to or 

greater than level of safety. After any maintenance has been completed, a test flight shall 

be conducted in a safe, non- populated area prior to any commercial flight. Summary

As the demand grows for aerial based photography applications, so will the

temptation of individuals to utilize non-compliant operators. I can deliver a product,

safely by abiding by all the rules and regulations. It is the applicant's belief that the size, 

speed, operating environment, limitations and level of applicant's experience

outlined provides an "equivalent level of safety or better” when operating a UAS for

the public interest as outlined in Section 333 in the FAA Modernization and Reform Act

of 2012. lt is my request that the FAA issues an exemption to permit me safe, legal,

Commercial UAS operation as soon as possible.

References

Due to the size of the files, attaching them to this document did not seem prudent. The

operator manuals can be accessed at utilizing the following links:

DJI 450

http://www.dji.com/product/flame-wheel-arf

DJI 550

http://www.dji.com/product/flame-wheel-arf

Yuneec Q500

http://yuneec.com/products/aerialuav/q500_4k/

Yuneec H920

http://yuneec.com/products/aerialuav/h920/