# Eagle Eye Services LLC

**.**

**REQUESTS FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**  **TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 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) CONCERNING COMMERCIAL OPERATION OF DJI**  **P HANTOM + UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112**

**- 95)** 

Submitted on Sept 25, 2015 Eagle Ey e Services Tom Houck 3212 Escalera Dr

. Belton, TX 76513 254

- 913

- 7557 eagleey es @gmail.com**TABLE OF CONTENTS**

Page GLOSSARY OF ABBREVIATIONS .................................................................................. 3 SUMMARY .......................................................................................................................... 4 INTRODUCTION AND INTERESTS OF PETITIONER ....................................................4 BACKGROUND........................ ............................................................................................5 BASIS FOR PETITION ........................................................................................................ 5 NAME AND ADDRESS OF PETITIONER ... ......................................................... 8 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Eagle Ey e Services SEEKS EXEMPTION ........................................................................ 8 THE EXTENT OF RELIEF Eagle Eye Services SEEKS AND THE REASON Eagle Ey e Services SEEKS THE RELIEF............... .................................... 11 THE REASONS WHY GRANTING Eagle Ey e Services’S REQUEST WOULD BE IN THE PUBLIC INTEREST .......... .................................... ................................ 15 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY .................................................................................................. 19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERA L REGISTER. .... 35 CONCLUSION .................................................................................................................. . 35 EXHIBITS........................................................................................36 3**GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area of Interest AT C Air Traffic Control AT O Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation 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 Unma nned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing 4**SUMMARY**

Eagle Eye Services LLC 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 exemption will permit Eagle Ey e Services LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, Non

- Profit and other c ommunity special events in and around Oneida County in New York. **INTRODUCTION AND INTERESTS OF THE PETITIONER** Eagle Eye Services LLC . (Hereinafter referred to as “ Eagle Ey e Services”) Eagle Ey e Services provides its commercial clients with affordable hi ghest quality digital content for use in their commercial, personal, and other photography related projects. **Eagle Eye Services also provides the**  **community and Non**

**- Profit organization our services for no charge as a way of giving back to**  **the community**

. Eag le Eye Services is a seasoned leader in unmanned aerial videography with over 8 y ears recreational/hobby experience in all aspects of RC Aircraft, Quadcopters and other small UAS’s. The objective of Eagle Eye Services aerial video and photography operation s is to provide high quality

imaging for a variety

of commercial, public, and residential uses, specifically targeting: A e r i a l Re a l E s t at e p h o t o gr ap h y

A e r i a l Re a l E s t at e V i d e o

F r e e S e rv i c e s t o N o n

- Profit and Community Organizations 5**BACKGROU ND** 

Unmanned Aircraft Systems: DJI Phantom 3 Eagle Eye Services seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 UAS is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 UAS that will be operated by Eagle Ey e Services will be registered in accordance with 49 U.S.C. 44103, Registra tion 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, Eagle Eye Services, pursuant to the provisions of the Federa l Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 UAS 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 associated with the unmanned aircraft and its operation, Eagle Eye Services operation of DJI 6Phantom 3 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
, Eagle Ey e Services 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. Eagle Eye Services submits that the requested relief is proper since an equivalent level of safety will alway s be ensured (see Exhibit D). Eagle Eye Services will use licensed technicians or the manufacturers service centers 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 DJI Phantom 3 Instruction Manual). Furthermore, Eagle Ey e Services will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Priv ate pilot privileges and limitations: Pilot in command, is requested by Eagle Ey e Services to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher 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 DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distance s from people, vessels, vehicles and structures. Eagle Eye Services seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart H. As such, Eagle Eye Services 7submits that it will ensure that the DJI Phantom 3 UAS 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 Lo g, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. Eagle Eye Services also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UA will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UA will be provided to the PIC via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Eagle Eye Services’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121 and our

a dditional safety requirements as outlined in Exhibit D.. Additionally
, Eagle Eye Services seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Eagle Ey e Services submits that safety will

n ot be affected by operation of the DJI Phantom 3 UA 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 i ntended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Eagle Eye Services provides the following information in support of its petition for exemption: 8**A. Name and Address of The Petitioner.** 

The name and address of the Petitioner and point of contact is as follows: **Eagle Eye Services** Tom Houck, 3212 Escalera Dr Belton, TX 76513 Email: eagleeyezllc @gmail.com

**B. The Specific Sections Of 14 C.F.R. From Which Eagle Eye Services**  **Seeks Exemption. 1.**  **Eagle Eye Services Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the foll owing, 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. Eagle Eye Services**  **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. Eagle Eye Services**  **Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 9 (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) there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; o r
(iii) 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. Eagle Eye Services**  **Exemption From The Requirements Of Section 91.151(b).** Section 91.15 1, entitled Fuel requirements for flight in VFR conditions , subsection (b), states 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 after that for at least 20 minutes.

**5. Eagle Eye Services**  **Exemption From The Requirement Of Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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[.] **6. Eagle Eye Services**  **From The Requirements Of Section 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. Eagle Eye Services**  **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 section, no per son may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual 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; o r
(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. Eagle Eye Services**  **Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , s ubsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following 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

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

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(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificat e number of the person approving the aircraft for return to service. 11(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- li mited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the ai rcraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for

ea ch, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapt er 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 work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retai ned and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for retu rn to service.

**C. The Extent Of Relief Eagle Eye Services**  **Seeks And The Reason Eagle Eye Services**  **Seeks The Relief.**  **1. Extent Of Relief Eagle Eye Services**  **Seeks And The Reason Eagle Eye Services**  **Seeks Relief From Section 61.113(a) And (b).**  12Relief 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 certi ficate, 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 Section 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 employ ment 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. As set forth more fully below, Eagle Eye Services submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 other than the person listed as James R. Fitzpatrick, who has 10+ years’ experience in RC/VAV operation. In addition all flights
must full under the safety guidelines of Exhibit D, which will be updated as new FAA guidelines take place. Further, Eagle Eye Services submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Eagle Eye Services business; and (2) will not carry passengers, packages or property for compensation or hire. **2. Extent Of Relief Eagle Eye Services**  **Seeks And The Eagle Eye Services**  **Seeks Relief From Section 91.7(a).**  13Relief from Sectio n 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to

allow Eagle Eye Services to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the ope rating documents (i.e., the Eagle Eye Services Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Eagle Eye Services seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificat e in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Eagle Eye Services will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief Eagle Eye Services**  **Seeks And The Reason Eagle Eye Services**  **Seeks Relie f**  **From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry 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), Eagle Ey e Services seeks the requested relief because the DJI Phantom 3 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. 20Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically

ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of th e GCS. **4. Extent Of Relief Eagle Eye Services**  **Seeks And The Eagle Eye Services**  **Relief From 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 DJI Phantom 3 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 cruising speed, to fly a fter that for at least 4.5 minutes. Eagle Eye Services seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will severely

constrain the practicality of any aerial video or still photo flight operations that Eagle Eye Services proposes to conduct pursuant to this Petition. Significantly , as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Eagle Eye Services’s proposed operating limitations, ensure that Eagle Eye Services will safely operate the battery powered DJI Phantom 3 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 20**5. Extent Of Relief Eagle Eye Services**  **Seeks And The Reason Eagle Eye Services**  **Seeks Relief**

**From 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, Eagle Eye Service s requests relief from these Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificat e. Accordingly, Eagle Ey e Services 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 Aerial Operations M anual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Eagle Eye Services will document and maintain all maintenance records for the DJI Phantom 3 UAS. **D. The Reasons Why Granting Eagle Eye Services**  **Request Would Be In The Pub lic Interest;**  **That Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest by allowing Eagle Ey e Services to safely
, efficiently , and economically **perform aerial video and photography for Non**

**- Profit a**  **nd Community Organizations**  , as well as, **pursue revenue for a Small Business in the USA** as we provide commercial services for Homes and Land for sale, Places of Lodging, Golf Courses, and other commercial properties seeking the described services for market ing purposes over certain areas of the Bell County

TX and the surrounding areas.

Additionally , use of the DJI Phantom 3 UAS will **decrease congestion of the NAS and reduce pollution**  , since past aerial photography required large manned 20 aircraft for exte nded periods of time. Notably , the benefits of Eagle Eye Services’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJI Phantom 3 UA 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 DJI Phantom 3 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 (as outlined in Exhibit D). Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UA do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting ae rial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficie ncy Of The DJI Phantom 3 UAS.**  Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by

drastically

reducing the levels of air and noise pollution generated during traditional aerial video an d still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine airc raft that are ty pically utilized for aerial video and photography, while burning approximately 20

- 30 gallons 20per hour of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbon footprint of

aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is u sually 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 DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 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 dam age 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 DJI Phantom 3 UAS Will Benefit Non** 

**- Profit and Community Organizations.**  As stated earlier in this petition, Eagle Eye Services provides free services to Non

- Profit and Community

Organization that normally could not af

ford to have their event or site professionally photographed. There the Oneida community and surrounding area benefits.

**4. Performing Aerial Video and Photography Operations with The DJI Phantom 3 UAS Will**  **Benefit The Economy.** In addition to being safe and efficient, the DJI Phantom 3 is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, 20 operation of the DJI Ph antom 3 UAS will allow United States based companies, like Eagle Ey e Services, 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”) regulato ry actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as Eagle Eye Services, 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 commerci al use of the DJI Phantom 3 UAS, 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.

**5. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Eagle Eye Services proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specif

ically , the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., the Eagle Eye Services Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as w ell as local law enforcement notification, 20and 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 Not Adversely Affect Safety, Or Ho w**  **The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **Eagle Eye Services Seeks Exemption.**  **1. Reasons Why The DJI Phantom 3 UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Secti**  **on 333.**

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Eagle Eye Services operation of the DJI Phantom 3 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 airworthiness 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), th e Secretary shall determine, at a minimum

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(1) which 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 no t 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 S tates Code, is required for the operation of unmanned aircraft 20 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 t he 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, Eagle Eye Services submits that the DJI Phantom 3 UAS can operate safely i n the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.**  The DJI Phantom 3 UAS does 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 DJI Phantom 3 UAS.** 

The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

**ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UAS To**  **Remain Within A Defined Operational Area.** The DJI Phantom 3 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 25

- 32 of the DJI Phantom 3 User Manual, attached hereto as Exhibit B.

**iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control Link is lost, the DJI Phantom 3 UA will re main stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mod e) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 27 through 28 of the DJI Phantom 3 User Manual, attached hereto as Exhibit B.

**iv. The DJI Phantom 3 GCS And Its Operation.**  A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached he reto as Exhibit B.

**b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Eagle Eye Services will only utilize certificated pilots who possess a current and valid airman medi cal certificate to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time. And the guidelines exhibited in D, will be followed at all

- times ensuring the safety of all involved.

**c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain are as of Oneida County and surrounding areas, 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 weighi ng less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft System. 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 conduc ting operations for the purpose 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 operating 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 permitted.

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 duratio n 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 obsta cles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exist s between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the ope rator 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

u pon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exe mption, 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 preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or al terations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, 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 equipment, 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 total time in service, description of work accomplished, and the signature of the au thorized person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against dis crepancies 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 may 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, vessel s, 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
purpose 2 s 3 of training the operator’s PICs are permitted under the terms of the exemption. However, training operatio ns may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate dis tance 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. §

19.1. 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 airp ort 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 pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredi cted 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 operations under the grant of exemption. This COA wil l 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 includi ng 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

- Numb er) 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 m 24 ust 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 a dministrator or any law enforcement official upon request.

29. Eagle Eye Services abides and enforces the safety checklist to as exhibited in section D to ensure that we provide safety for everyone in and near to the site.

30. The UA must remain clear and yield the right of way to all manned avi ation operations and activities at all times.

31. The UAS may not be operated by the PIC from any moving device or vehicle.

32. Flight operations must be conducted at least 400 feet from all nonparticipating persons (persons other than the PIC, SO, ope rator trainees or essential persons), vessels, vehicles, 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 protection. 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).33. All operations shall be conducted over private or controlled

- access property with permission

fro m the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

34. Any incident, accident, or flight operation that transgresses the lateral o r 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.** Eagle Eye Services 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 DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Eagle Eye Services 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 requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Eagle Eye Services submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Eagle Ey e Services 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). Eagle Eye Services will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely

o perate the DJI Phantom 3 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 additio n to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 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 Eagle Eye Services 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 the exemption. For clarification, the FAA considers these m inimum 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 hours of UAS rotorcraft time. In addition to the hour requi rements, 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 appropriate 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

- b uilding flights can also be conducted under the grant of exemption toa ccomplish the required flight time. During training, proficiency, and experience

- building flights the

PIC is required to operate the UA with appropriate

27 D istances in accordance wit h 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Eagle Eye Services will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consis tent 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** 

**.** Eagle Eye Services requires a tight set of rules that follow best practices and FAA requirements and guidelines (Exhibit D). The equivalent level of safety established by Section 91.7(a) will be maintained because prior to
every flight, plus Eagle Eye Services also requires the safety checklist in Exhibit D that ensures that the DJI Phantom 3 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 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, 11 138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why a**  **n Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  As outlined in Exhibit D, Eagle Eye Services fl y’ s only under a very

set rules. We belie ve these rules include and go beyond current FAA guidelines. Therefore, the e quivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 3 UA 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 Eagle Eye Services’s operation of the DJI Phantom 3 UA within visual line of sight, at or below 500 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 automatic ally established by

the UASs at ground level. The FAA has previously granted relief from Section 91.121 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, 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 equiva lent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordi ngly, Eagle Ey e Services will ensure that it will safely operate the battery powered DJI Phantom 3 UA 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 and, 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 DJI Phantom 3 UAS; the

limitations on the proposed flight operations; and the location of the proposed operat ions, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 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 DJI Phantom Vision+ UAS will descend and land automatically. Significantly, previous exemptions granted by the 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 here in (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons Why An Exemption From The Requirements Of Sections 91.40 5(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, Eagle Eye Services 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 Eagle Eye Services will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Eagle Ey e Services Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Eagle Eye Services will document and maintain all maintenan ce records for the DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Eagle Eye Services 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 DJI Phantom 3 User Manuals are attached hereto as Exhibit B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely affect safety because Eagle Eye Services 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 m aintenance of the DJI Phantom 3 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 Sections 91.405(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 Eagle Ey e Services proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Eagle Eye Services submits that safety will not be adversely affected by granting exemption from 14 nd (a)(2), 91.409(a)(2), and 91.417(a) and (b). C.F.R. Sections 91.405(a), 91. 407(a)(1) a 31 32 T he FAA has previously granted relief 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, 1 1150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). In additional 350 Sky Vision fly only under a tight set of rules which can be found in Exhibit D, which ensure the safest operation under any foreseen circumstance.**7. The FAA May Prescribe Any Oth er Conditions For Safe Operation.** 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Eagle Eye Services requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, 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), 91.1 21, 91.151(b), 91.405(a), 91.407(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 o perate without airworthiness 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 33 C.F.R. § 21.16, for operati on of the DJI Phantom 3 UAS, 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 in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller 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 DJI Phantom 3 UAS, 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**  **Eagle Eye Services Seeks Exemption:**  Eagle Eye Services 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 Description Of The Nature Of The Exemption Eagle Eye Services**  **Seeks:** This exem ption will permit Eagle Eye Services 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 To Support**  **Eagle Eye Services**  **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, Eagle Ey e Services request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as 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 operate without airworthiness certification. As discussed in detail above,Eagle Eye Services will operate the DJI Phantom 3 UASs safely in the NAS, without creating a

hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

**CONCLUSION** As set forth herein, Eagle Eye Services seeks an exemption pursuant to 14 C.F.R. § 11.61 and Sectio n 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over Bell County , T X and surrounding area. By

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Eagle Eye Services to safel y, e fficiently , and economically operate the DJI Phantom 3 UAS commercially within the NAS. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Eagle Eye Services respectfully reques ts 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), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: 2 October 2015 Respectfully submitted, Eagle Eye Services 

## / / Eagle Eye Services, LLC To m Houck 3212 Escalera Dr Belton, TX 76513 Email: eagleeye zllc @gm ail.comExhibits:

A

– DJI Phantom 3 Specifications Data Sheet B

– DJI Phantom 3 Manufacturer’s User Manual C

– Monthly

Maintenance Log D

– Eagle Eye Services On

- Site Safety Checklist EXHIBIT

– A **DJ I PHANTOM 3 TECHNICAL SPECIFICATIONS**  Eagle Eye Services only

utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow fli ght 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, DJI software provides real

- time altitude and location info rmation to the PIC via the linked monitor (smart phone/tablet devices) 

### Aircraft **Supported Battery:** DJI 5200mAh LiPo Battery **Weight (Battery & Propellers included):** 1242g **Hover Accuracy (Ready to Fly):** Vertical: 0.8m; Horizontal: 2.5m **Max Yaw Angular Velocity;** 200°/s **Max Tiltable Angle: 35° Max Ascent / Descent Speed:**  Ascent: 6m/s; Descent: 2m/s **Max Flight Speed:** 15m/s (Not Recommended) **Diagonal motor**

**- motor distance:**  350mm



### Remote	Control **Operating Frequency:** 5.728 GHz

- 5.85 GHz **Communication Distance (open area):** CE Compliance: 400m; FCC Compliance: 800m **Receiver Sensitivity (1%PER):**

- 93dBm **Transmitter Power:** CE Compliance: 25mW; FCC Compliance: 100mW **Working Voltage:** 120 mA@3.7V **Built**

**- in LiPo Battery Working**  **Current/Capacity :**  3.7V, 2000mAh 

### Range	Extender **Operating Frequency:** 2412

- 2462MHz **Communication Distance (open area):** 500

- 700m **Transmitter Power:** 20dBm **Power Consumption: 2W**