## Bird’s Eye Solutions, LLC

1 January 15, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12

- 140

Washington, DC 20590

- 0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act

of 2012

Bir d ’ s Eye Solutions, LLC, 6705 W 157th Street in Overland Park, Kansas 66223, hereby

petition the FAA for a Section 333 exemption from various sections of 49 USC of Fed eral

Aviation Regulations.

Pursuant to Section 333 of the FAA Modernization and Reform Ac t of 2012, Public Law 112

- 95,

We request certain exemptions in order to perform general aerial photography and videography

to include real estate marketing and aerial inspections using multiple small unmanned aerial

vehicles (UAV).

Sincerely,



# Sheldon Sides

Sheldon Sides

Chief Executive Officer

Bird’s Eye Solutions, LLC

## Bird’s Eye Solutions, LLC

2 OVERVIEW :

Bir d ’ s Eye Solutions, LLC

, of 6705 W 157th Street in Overland Park, Kansas 66223, hereby

pet ition the FAA for a Section 333 exemption from various sections of 49 USC of Federal

Aviation Regulations.

Bird’s Eye Solutions, LLC is a full

- service photography and video company. We have been in

business for a year and a half, and are committed to responsibly, professionally, and safely

operating small UAVs to perform general aerial photography and videography to include real

estate marketing and aerial inspections of co nstruction or agriculture sites

.

Bird’s Eye Solutions, LLC is committed to public saf ety and respecting personal privacy. An

example of that commitment is our thorough pre and post flight protocols that we closely adhere

to on every mission. In addition, our PICs are members of UAVUS www. uavus.org

, a national

association of professional UAV operators that adhe res to a strict Code of Conduct and best

practices that places public safety first above all other considerations.

The Pilots in Charge (PIC) will possess either an airline transport, commercial, private,

recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical

certificate or a valid U.S. driver’s license. Additionally, each PIC w ill have a minimum of 20

hours experience flying manned aircraft along with 50 hours experience piloting a UAV.

We are extremely sensitive an d aware of the importance of safety and privacy, especially as it

relates to UAVs. We believe safety is the first and overriding priority in regards to operating a

UAV. Additionally, the PIC would not operate a UAV in a manner as to invade the privacy of

an yone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION :

Our missions will take place in both urban and rural settings. Each flight will be done with the full

permissi on and under the supervision of the land or property owner. Additionally, each flight will

be limited to 350

- feet AGL, since the purpose of our operations is to capture low altitude video

and photographic imagery that is centered on a subject near ground l evel.

When necessary, we will notify and seek approval of airport personnel as required by FAA

regulations.

## Bird’s Eye Solutions, LLC

3 COMPANY UAV FLEET:

DJI Phantom 3 Professional

• 2.8 lbs. Including Battery and Payload

• 2.4 GHz Transmitter/Controller Radio Frequency

DJI Inspire 1 Pro

• 7.7 lbs. Including Battery and Payload

• 2.4 GHz and 5.8 GHz Transmitter/Controller Radio Frequency

DJI S1000+

• 9 .7 lbs. Including Battery and Payload

• 30Hz~450Hz Signal Frequency; 8KHz Drive PWM Frequency

The UAVs listed above include the following safety features:

• An on

- board flight computer with GPS navigation and location ability that receives flight

control signal s from a ground

- based transmitter/controller;

• An on

- board camera capable of capturing imagery in the form of full color, high de finition still

photos and video;

• An on

- board telemetry system that delivers flight data from the on

- board flight computer to

the on

- board radio transmitter including altitude AGL, horizontal and vertical speed,

compass direction of flight and direction bac k to its launch site;

• A n onboard radio transmitter that transmits live video from the onboard camera plus all the

flight data from the telemetry system described above.

G ROUND SYSTEM:

• A Pilot in C harge (PIC) will be in operational control of a flight operation f rom beginning to

end and will control the UAV while in flight ;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while

in flight;

• A radio transmitter/controller operated by the PIC to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

## Bird’s Eye Solutions, LLC

4 PRE

- FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards

- trees, utility poles a nd other obstacles that might

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might

adversely affect flight safety and performance.

• Examine the aircraft

⎯ lo oking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure that the

home return point is established.

• Perfor m all flight controls at an altitude of 10 feet to confirm their functionality

⎯ if one of the

controls is not functioning, the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside the PIC who will double

- check for possible

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the

UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency

maneuvers due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give righ t

- of

- way to any manned aircraft that are encountered during flight

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius),

as well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post

- flight check of the UAV to d etermine its physical and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function,

etc.

• Calibrate compass before each f light.

• Never fly at night.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing

site.

• Use audible alarms of low battery warning from the controller to bring copter back and land

well before battery drains.

## Bird’s Eye Solutions, LLC

5 EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully comply:

14CFR

Part 21 Airworthiness Certification

Subpart H " prescribes the procedural requirements for issuing and changing design approval,

production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the

condition s of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescrib es the requirements for issuing pilot licenses and the privileges and limitations

associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting

the appropriate training and flight tim e requirements for an airman certificate.

Response: Organized or commercially available FAA

- approved flight training has yet to be

achieved by the UAV industry. The PIC ’ s sources of training are: the flight instruction manuals

from the UAV manufacturer; online videos from the manufacturer as well as videos from users;

and most importantly, personal training in a secure location

- an open area not subject to traffic

and/or uninvolved individuals.

Those training flights, which have averaged 15 minutes each

, include setup, physical and

electronic safety checks; lift off followed by hovering at approximately 10 feet to confirm that the

GPS system is functioning properly and has registered its Home Point; a prescribed flight plan

to familiarize and then master the fight controls and camera; returning to the launch point and

landing. I then conduct a post

- flight inspection for any problems, log the location and flight time

and then view the video. There are no FAA certified instructors or FAA certified study gui des

available at this time as the technology continues to develop. I respectfully request an

exemption from this rule.

§ 91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, takeoff

and landing distance information.

## Bird’s Eye Solutions, LLC

6 Response: Since a multirotor UAV

, like a helicopter, takes off and lands vertically, the PIC

would not need to know this information since there are no runways involved and the return

from flight is the takeoff point. The FAA has det ermined that "relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief

from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain

flight tests.

Response: None of these functions are applicable to multirotor UAV flight and, as stated

earlier, there are no FAA certified instructors or FAA certifi ed study guides available at this time

for multirotor aircraft operation. I respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur

without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as has a

paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person,

vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since

these aircraft are required to fly below those altitudes. Their we ight, speed and GPS

- controlled

Return to Home feature mitigates incidents that could occur from loss of signal between the

aircraft and PIC. A manned aircraft is much heavier and larger than our UAVs

. If our UAVs were

to malfunction, they carr y no humans, no explosive fuel and since they f ly primarily over a single

piece of private property, any damage would likely be minimal and confined to that area. As

mentioned, the PIC will possess either an airline transport, commercial, private, recreational, or

spor t pilot certificate. These licenses will provide the PIC with sufficient skills to safely manage

any approach under 500 feet. In addition, access to the property is strictly controlled (warning

sign and the clearing of any person on the property not involv ed in the flight). I respectfully

request an exemption from this rule.

## Bird’s Eye Solutions, LLC

7 91.121

Summary: This section details altimeter settings required to maintain the “ cruising altitude or

flight level of that aircraft." It requires that the "elevation of the departu re airport" be set in the

altimeter or the "current reported altimeter setting of a station along the route and within 100

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. Our UAVs are

equipped with a barometric altimeter which automatically calculates the takeoff altitude (0 AGL)

when the aircraft is warmed up

⎯ the launch point becomes the "elevation of the departure"

point. The altitude of the UAV is visible in the control monitor by the PIC before launch and is

consistently updated as the flight progresses. I respectfully request an exemption from this rule.

§ 91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things,

that "no person may begin a flight in an airplane under VFR condition unless...there is enough

fuel to fly to the first point of the intended landing and, “ ...fly after that for at least 40 minutes

(day) and 45 minutes (night) ”

.

Response: This regulation deals with 'reserve' fuel. This could include any condition that

increases flight time or fuel consumption. Weather would be one factor including wind,

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" o nboard our UAVs is not

aviation gas but a DC battery with a maximum flight duration of 23 minutes

. Fuel management

of a UAV requires constant monitoring of the battery's state

- of

- charge and bringing it home

before it reaches the manufacturer ’ s recommended 30

- percent level. In our training flights,

we've found that a flight of 10

- 15 minutes to be safe, returning the UAV to its Home Point

around the 40

- percent level. I respectfully request an exemption from this rule.

§ 91.405

Summary: This section deals wit h aircraft maintenance including regular inspection, the

keeping of appropriate maintenance records and replacement of inoperable instruments.

Response: Maintenance on our UAVs is quite straight forward. If, in landing, a rotor blade or

two are damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is

replaced by a data stream from the UAV, visible in the digital control monitor

.

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can ’ t be easily

res olved will go back to the manufacturer for repair. Currently, there are no required inspections

## Bird’s Eye Solutions, LLC

8 by 'authorized' maintenance personnel and there would be no space/room on board to install a

placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been

performed. Again, approval of the maintenance before flight is shall be handled by the PIC

.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying

passengers or crew members, if the flight characteristics have been substantially affected,

before a rated pilot performs an operat ional check of the maintenance.

It will be the PIC's responsibility to preform preflight checks of the UAV and determine the UAVs

airworthiness

. And, as mentioned earlier, there is no pilot, crew members or passengers on

board our UAVs. I respectfully request an exemption from t his rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100

- hour inspections or

"progressive inspections" and approval by authorized persons which will lead to the "issuance of

an airworthiness certificate."

Response: As state d earlier, there is no FAA approved inspection protocols nor authorized

inspection personnel. The PIC handles those issues each time the UAV is prepared for flight.

The pre

- flight check list enumerated earlier will be followed to determine its mechanical and

electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair,

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be

retained for one year while other records must be kept with the aircraft even when sold to

another part y

.

Response: Each UAV in our fleet will maintain a record of all parts that are replaced. The log

will include date and time, part replaced a nd PIC that performed maintenance.

The above requests for exemptions follow the guidance published by the FAA.

## Bird’s Eye Solutions, LLC

9 COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a

manned fixed wing or rotorcraft. Weighing less than 10 pounds with camera and battery, our

UAVs are incapable of causing the level of damage or injury caused by a full

- size, manned

aircraft. Also, operating a UAV for aerial inspections replaces the need to put a hum an in a

precarious situation at dangerous heights. Economically, small unmanned aerial vehicles are

the most cost

- effective solution for general aerial photography and videography to include real

estate marketing and aerial inspections of co nstruction or agriculture sites

, making aerial

video graphy more affordable for the businesses we serve.

Respectfully,



# Sheldon Sides

Sheldon Sides

CEO, Bird ’ s Eye Solutions, LLC

6705 W 157 th St

Overland Park, KS 66223