Robin K. Carlson 

816.691.2377 DIRECT

816.412.1058 DIRECT FAX

robin.carlson@stinson.com 

S T I N S O N . C O M 

1 2 0 1 W A L N U T S T R E E T • K A N S A S C I T Y , M O 6 4 1 0 6 

 8 1 6 . 8 4 2 . 8 6 0 0 M A I N • 8 1 6 . 6 9 1 . 3 4 9 5 F A X 

December 30, 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 and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 

45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.315 (a) & (c); 14 C.F.R. 

§ 101(e)(4) & (5); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2) & (c); 14 C.F.R. § 91.103; 14 

C.F.R. § 91.109(a); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. 

§ 91.203(a) & (b); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 

14 C.F.R. § 91.417(a) & (b). 

Dear Sir or Madam: 

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

C.F.R. Part 11, Fearless Eye applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its 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. 

Fearless Eye is a litigation support company that also provides aerial survey mapping that seeks to 

operate small, unmanned aircraft systems ("sUASs" or "sUAVs") to conduct aerial photography, 

videography and collect data. 

As described more fully below, the requested exemption would permit Fearless Eye to safely operate 

UASs under controlled conditions and in the National Airspace (“NAS”) for the purposes of aerial 

mapping, modeling and data collection. Approval of this exemption would enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibility to “. . . establish requirements for 

the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the 

Reform Act. 

A. Name and address of the applicant: 

 Fearless Eye 

 Attn: Brad Mathison 

 9808 E. 87th St. 

 Raytown, MO 64138 

 Ph: (816) 886-2972 

 E-mail: bmathison@fearlesseye.com 
U.S. Department of Transportation 

December 30, 2015 

Page 2 

B. Relevant Statutory Authority 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

 1. The UAS’s size, weight, speed, and operation capability; 

 2. Operation of the UAS in close proximity to airports and populated areas; and 

 3. Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333(a). If the Secretary determines that such vehicles “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system.” Id. § 333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, 

that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. § 44701(f); see also 49 U.S.C. § 4471(a); 49 U.S.C. § 

44704; 14 C.F.R. § 91.203(a)(1). 

Fearless Eye’s UASs are rotocraft, weighing 55 or fewer lbs including payload. They operate under 

normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in 

the vertical and horizontal plane simultaneously. They will operate only in the line of sight, in daylight, 

and will operate only within altitudes set forth more fully herein. Such operations will insure that the 

sUASs will “not create a hazard to users of the national airspace system or the public.” 

Given the small size of the sUASs involved and the limited environment within which they will operate,

the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence 

immediately. Also, due to the size of the sUASs, approval of the application presents no national 

security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, collecting data, aerial photography and videography for 

forensic and survey mapping. The grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without 

delay. 
U.S. Department of Transportation 

December 30, 2015 

Page 3 

C. Proposed Operations 

The UAS will be used for commercial operations for the purpose of Fearless Eye proposes and agrees to 

the following limitations and conditions for commercial UAS operations conducted under a granted FAA 

exemption: 

1. The total combined weight of the UASs and attached equipment will weigh 55Ibs or less. 

2. At all times the pilot will operate the UAS in an unbroken visual line of sight (VLOS). 

3. No flight operations will fly for more than 30 consecutive minutes without first landing 

and changing the batteries and conducting necessary safety checks. 

4. Once the battery is at 25% the operator must begin return to ground procedures. The 

UASs are not permitted to operate below 20% battery. 

5. Maximum flight altitude shall not exceed 400 AGL. 

6. A minimum 3-person team consisting of the UAS Pilot, Visual Observer, and Camera 

Operator is required to conduct operations. 

7. The UASs Pilot in Command (PIC) must have at least 25 documented hours operating 

UASs. 

8. The PIC must have the requisite knowledge about the components required to build and 

maintain the particular type of UASs type they are operating. 

9. A PIC will have at a minimum a Private or Sport Airman Pilot's certificate. 

10. A PIC will not operate an UAS within 5 miles of the center of an airport without 

permission from the local FSDO and clearance from the control tower of the airport. 

11. The pilot and observer will have at least a third class medical or a Valid Driver's license. 

12. A mandatory briefing that all participating personnel (persons allowed into the filming 

perimeter) must attend in order to go over all preflight safety issues and procedures for 

the day. 

13. A FAA Form 7711-1, or an equivalent, modified as needed to fit the requested 

exemption, will be filed with the relevant Flight Standards District Office if required. 

14. The relevant FSDO shall receive a written Activities Agenda at least 3 days before an 

operations date if required under the terms of a granted 333 petition. 

15. At all operational times the pilot and observer will be able to maintain contact through 

voice communication. 
U.S. Department of Transportation 

December 30, 2015 

Page 4 

16. Operations shall not be permitted in areas that do not have the consent of the property 

owners. 

17. Any necessary required permission and/or permits from territorial, state, county or city 

jurisdictions, local law enforcement, fire department, or appropriate government 

agencies will be obtained accordingly. 

D. Aircraft for Proposed Operations 

The UAS used by Fearless Eye will be the DJI Phantom 2 Vision + and DJI Inspire 1.1

 All manufacturers 

recommendations related to safety guidelines will be referenced to ensure the safe operation of the 

sUAS in the NAS. This includes all DJI instructional videos and written Safety Guidelines. Both aircraft 

are equipped with “auto home” functions in case of remote signal loss or if the battery reaches 

minimum capacity not to be less than the time it would take to return safely to home station. Both are 

also equipped with visual positioning and GPS positioning systems for increased stability and safety. 

The PIC will implement the Operational Limitations outlined in Proposed Part 107 of the Notice of 

Proposed Rulemaking (NPRM), Volume 80, No. 35 of the Federal Register, dated Monday, February 23, 

2015. 

Maintenance and repair will be performed as necessary, and a maintenance record will kept in a repair 

logbook. This will ensure that the UAS is in a safe condition for flight. The Operators/Maintenance 

Manual for the Phantom 2 Vision +and Inspire 1 will be used as a reference. Any UAS that has 

undergone maintenance or alteration that affects operation or flight characteristics must undergo a 

functional flight test by a PIC with a VO conducted at least 500’ from others people. The UAS will be

registered in accordance with Part 47 of 29 U.S.C. § 44711. 

E. Regulations from which the exemption is requested: 

14 C.F.R. Part 21, Subpart H – Airworthiness Certificates 

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

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

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

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

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

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the particular

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotocraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

 

1

 A copy of the Phantom 2 Vision + Manual is attached as Appendix 1. A copy of the Inspire 1 User Manual is 

attached as Appendix 2. 
U.S. Department of Transportation 

December 30, 2015 

Page 5 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

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

as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly 

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

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

of operation as is now done with conventional filming. The FAA will have advance notice of all 

operations. These safety enhancements, which already apply to civil aircraft operated in connection 

with motion picture and television production, provide a greater degree of safety to the public and 

property owners that conventional operations conducted with airworthiness certificates issued under 14

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, location of 

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

external load. 

14 C.F.R. § 45.23(b) – Display of Mark

The regulation requires: 

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

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," 

or "provisional," as applicable. 

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

will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be 

placed. Given the size of the sUAV, two-inch lettering will be impossible. The word "Experimental" will 

be placed on the fuselage in compliance with § 45.29(f). 

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

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

UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 45.27 – Location of Marks; Nonfixed-Wing Aircraft 

Fearless Eye seeks an exemption from § 45.27 which identifies the location of marks for non-fixed wing

aircraft. This regulation states that the Operators of a rotocraft must display the marks as required by § 

45.23 horizontally on both sides of the aircraft. Because this regulation specifically references 

compliance with § 45.23, a regulation identified for exemption by Fearless Eye, an exemption will be 

required. 

Fearless Eye will meet an equivalent level of safety by placing the registered N-number on both sides of 

the aircraft in a location that allows for the largest possible lettering. The GCS will also be marked with 

the N-number of the aircraft it is operating. The GCS will be marked in a manner similar to the aircraft 
U.S. Department of Transportation 

December 30, 2015 

Page 6 

as identified in the Fearless Eye Mission Checklist.

2

 The locations of all aircraft and equipment markings 

are identified in the Fearless Eye Mission Checklist. Additionally, Fearless Eye will ensure compliance 

with any guidance regarding UAS marking/location by the FAA. 

The FAA has issued the following exemptions to 14 CRF, § 45.27 – Location of marks; nonfixed-wing 

aircraft: Exemptions No. 11188. 

14 C.F.R. § 45.29 – Size of Marks 

Fearless Eye seeks an exemption from § 45.29 which establishes the size requirements for markings on 

aircraft. This regulation specifically identifies height, width, thickness and spacing of marks. It also calls 

out a 12 inch height requirement for marks on rotocraft. Fearless Eye has requested exemption from § 

45.27, which cover the display and location of marks on aircraft. Due to the size of the UAS to be 

operated, twelve inch lettering is not possible, and a standard for UAS marking has not yet been 

identified by the FAA. 

Fearless Eye will meet an equivalent level of safety by placing the registered N-number on both sides of 

the aircraft in a location that allows for the largest possible lettering. The GCS will also be marked with 

the N-number of the aircraft it is operating. The GCS will be marked in a manner similar to the aircraft 

as identified in the Fearless Eye Mission Checklist. The locations of all aircraft and equipment markings 

are identified in the Fearless Eye Mission Checklist. Additionally, Fearless Eye will ensure compliance 

with any guidance regarding UAS marking/location by the FAA. 

The FAA has issued the following exemptions to 14 CRF, § 45.29 – size of marks: Exemptions Nos. 

11136, 11157, 11170, 11185, 11193 

14 C.F.R. § 101(e)(4) & (5) – Recreational Pilot Privileges and Limitations

Fearless Eye seeks an exemption from § 61.101(e)(4) and (5), § 61.113(a) and (b), and § 61,315(a) and 

(c). These parts establish that a person who holds a Recreational, Private, or Sport pilot certificate may 

not act as pilot in command of an aircraft for compensation or hire, or, in furtherance of a business. 

Regulations identifying the requirements for a UAS pilot have not yet been established by the FAA. The 

FAA has however approved exemptions requiring the Operator of an UAS to hold at a minimum a Sports 

Pilot certificate. Additionally, Fearless Eye will ensure compliance with any guidance regarding UAS pilot 

certifications by the FAA. 

Pilots operating a UAS for Fearless Eye will hold at a minimum, a Sport Pilot certificate. Each pilot will 

maintain currency requirements for the rating they hold as required by the appropriate FARs. Fearless

Eye will maintain flight and currency records for all pilots operating Fearless Eye UAS. The minimum 

training standards will be met prior to the operation of any aircraft for commercial use. Training will be 

conducted during specific training flights and recorded per the Fearless Eye Mission Checklist. 

The FAA has issued the following exemptions to § 61.101(e)(4) and (5) – recreational pilot privileges and 

limitations. § 61.113(a) and (b) – private pilot privileges and limitations: pilot in command. Exemptions 

Nos. 11371, 11370, 11388. 

 

2

 See Appendix 3, Mission Checklist for Phantom 2V+, and Appendix 4, Mission Checklist for Inspire 1. 
U.S. Department of Transportation 

December 30, 2015 

Page 7 

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

C.F.R. § 61.315 (a) & (c) 

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the UASs will not 

carry a pilot or passengers, the proposed operators can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a

commercial pilot's license to operate the sUAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is 

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

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

by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks 

associated with the operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested with a private pilot or sport pilot as the PIC exceeds the present level of safety achieved by 14 

C.F.R. § 61.113(a) and (b) and 61.315(a) & (c). 

14 C.F.R. § 91.7(a) – Civil Aircraft Airworthiness

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

Should the exemption be granted allowing commercial operation of the UAS without an airworthiness 

certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the 

previous COAs issued for Aeryon's Scout and UAS, an equivalent level of safety will be achieved by 

ensuring compliance with the Aeryon manuals prior to each flight. 

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

This regulation provides: 

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

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

this chapter, unless there is available in the aircraft a current approved airplane or 

Rotocraft Flight manual, approved manual material, markings, and placards, or any 

combination thereof. 

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. 

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

point where the pilot flying the sUAS will have immediate access to it. 

14 C.F.R. § 91.103 – Preflight action
U.S. Department of Transportation 

December 30, 2015 

Page 8 

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

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

will be needed. Petitioner will comply with the other applicable procedures and requirements stated in

§ 91.103(a) & (b). Specifically, the PIC will take all action including reviewing weather, flight battery 

requirements, aircraft performance data, and landing and takeoff distances before initiating a flight. 

14 C.F.R. § 91.109(a) – Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) 

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

The UAS is a remotely piloted aircraft and by design, does not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio

communications. The flight plan is either manually controlled through point-and-click touchscreen 

navigation or pre-programmed as way points or an AutoGrid into the auto pilot before or during flight 

and only in unusual circumstances will the pilot input control functions to alter the pre-programmed 

flight. If instruction is accomplished through a training program, as set forth in Exhibit 2, an equivalent 

level of safety will be assured. The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See 

Exemption Nos. 5778K & 9862A. 

14 C.F.R. § 91.119 – Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the UAS will never operate at higher than 400 feet AGL, nor beyond visual line of

sight of the PIC and VO, whichever is closer. It will, however, be operated to avoid congested or 

populated areas. Because aerial survey, mapping and inspection work must be accomplished at 

relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is 

needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the 

UAS is built. Also, no flight will be taken without the permission of the land owner or those who control 

the land. Because of the advance notice to the landowner, all affected individuals will be aware of the 

flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more 

than 6 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than 

those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the lowaltitude operations of the sUAS will maintain separation between these sUAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.121 – Altimeter Settings 
U.S. Department of Transportation 

December 30, 2015 

Page 9 

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

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

available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a) – Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR conditions 

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

intended landing and, assuming normal cruising speed — (1) During the day, to fly after that for at least 

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

Given the limited area of operation of the sUAS, an equivalent level of safety is already achieved by the 

various failsafe procedures built in to Petitioner’s UAS that will perform a RTL maneuver or 

automatically land the aircraft in the case of a low battery while in flight. Operating the sUAS in a

controlled area with less than 30 minutes of reserve power does not engender the type of dangers that 

§ 91.151(a) was intended to alleviate given the size and speed of the sUAS. An equivalent level of safety 

can be achieved by prohibiting the PIC from beginning any flights unless, considering the wind and 

forecast weather conditions, there is enough available power for the sUAS to conduct the intended 

operations and to operate after that for at least five minutes or with the reserve power recommended 

by the manufacturer, whichever is greater. This restriction is more than adequate to return the UAS to 

is planned landing zone from anywhere in its limited operating area. FAA has granted similar 

exemptions in, for example, Exemption Nos. 2689F, 5745, 10673, 10808, 11864, and 11769. 

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

This regulation provides as follows: 

(a) no person may operate a civil aircraft unless it has ... an appropriate and current 

airworthiness certificate. 

(b) No person' may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued under § 

91.151 is displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew. 

The UAS fully loaded weighs approximately 6 lbs. As such, there is no ability or place to carry 

certification and registration documents or to display them on the sUAS. In addition, there is no pilot on 

board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 
U.S. Department of Transportation 

December 30, 2015 

Page 10 

14 C.F.R. § 91.405(a) – Maintenance Inspections; 14 C.F.R. § 91.407(a)(1) – Operation After 

Maintenance, Preventative Maintenance; 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b) – 

Maintenance Records

Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as 

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

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

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner 

or operator to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return 

to service. 

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

sections will not apply to Petitioner. Petitioner will adhere to the safety and maintenance procedures 

included in all applicable UAS manufacturers’ instructions and operating manuals. To the extent such 

information is not included in the guidelines as developed by the manufacturers, Petitioner will 

undertake to develop and document maintenance, overhaul, replacement, and inspection 

requirements, and procedures to document and maintain maintenance records with regards to the 

UAS. 

An equivalent level of safety will be achieved because the sUAS is small in size, will carry small payloads, 

will operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can 

land immediately and will be operating from no higher than 400 AGL. Fearless Eye will ensure that its

UAS are in working order prior to initiating each flight, perform regular maintenance, and keep a log of 

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

suited to maintain the aircraft in an airworthy condition to ensure safe operations. 

F. Equivalent Level of Safety/No Adverse Impact to Safety 

Because Fearless Eye is an aviation centric, company we understand the absolute requirement for safety

during flight operations, and the equivalent requirement during maintenance performed on the aircraft 

and its systems while on the ground. An equivalent level of safety will be achieved by maintaining the 

UAS in accordance with the manufacturer's guidelines. When no manufacturer reference is available, 

standard aviation maintenance practices will be utilized. An aircraft logbook will be maintained for each 

airframe and all maintenance performed, to include functional test flights, will be logged. Additional 

information in regard to maintenance can be found in this Petition and the Fearless Eye Mission 

Checklist. 

The enhanced safety achieved using an unmanned aircraft (UA) with the specifications described within 

this petition and carrying no passengers or crew, rather than a manned aircraft of significantly greater 

proportions, carrying crew in addition to flammable fuel, would provide the FAA good cause to find that 

the UAS operation enabled by this exemption would not adversely affect safety. 
U.S. Department of Transportation 

December 30, 2015 

Page 11 

Prior to conducting any UAS operations, Fearless Eye will conduct a mission brief as identified in the

Fearless Eye Mission Checklist.3 Aircrews will also conduct a risk assessment and discuss any additional 

safety issues identified by the client before conducting UAS operations. All Fearless Eye UAS aircrew

members will comply with qualification, currency, and training requirements as outlined in the Fearless 

Eye Mission Checklist prior to conducting flight operations. Safety to the public and property will be of 

the highest priority when conducting flight operations. Fearless Eye will only employ well trained and 

competent Operators and VOs. Operations will be conducted through the use of checklists to ensure 

safe, predictable, and consistent outcomes. 

All current and future UAS operated by Fearless Eye will employ the use of automated safety features to 

provide an additional level of safety in the event of a lost communications link between the Operator 

and aircraft. The automated safety features will direct the UAS to a pre-determined "home" point if the 

control signal is interrupted. This same feature will safely land the aircraft in the event of a low battery 

condition. Fearless Eye will continue to pursue technology which employs the use of sensors on future

platforms. These safety features are designed to improve the level of safety and not adversely affect it. 

Fearless Eye will conduct annual safety training and document this training in accordance with the 

Fearless Eye Mission Checklist. Training will include current practices, lessons learned from prior 

operations, FAA guidance and policy, and industry-specific safety measures. Flight data, inspection 

results, recorded observations and lessons learned from UAS operations will be periodically compiled 

and reviewed to further enhance Fearless Eye's current safety program. 

Fearless Eye will also abide by local safety laws and ordinances and communicate with the proper 

authorities if discrepancies or inconsistencies exist that might adversely affect safe operation. 

Fearless Eye's proposed operations to perform aerial data collection will reduce the unnecessary 

exposure of personnel and property to dangerous activities by decreasing the requirement for personnel

to climb structures and/or operate costly manned aircraft. This would not adversely affect safety, but 

instead greatly reduce the level of risk associated with performing these operations. 

The limitations provided by the FARs, this exemption request, and any additional guidance provided for

commercial UAS operations by the FAA Administrator, will ensure a level of safety previously 

unattainable by manned aircraft. Based on the size and the limited area of operations of the aircraft, 

approval of this request presents no threat to National Security. 

G. Reasons Why Requested Exemption Would Be in Public Interest 

The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew, 

passengers, and flammable fuel with small UAS carrying no passengers, crew, or flammable fuel under 

the specific guidelines and procedures proposed gives FAA good cause to find that the UAS operations 

enabled by this petition are in the public interest. Specifically the potential for damage or harm to the 

public as a result of a UAS accident under the conditions and limitations proposed herein utilizing the 

UAS is far less than the threat posed to the public by normal manned aircraft operations. 

 

3

 See Appendix 3 and Appendix 4. 
U.S. Department of Transportation 

December 30, 2015 

Page 12 

111408979.1

In addition, using small UAS, Fearless Eye will be able to provide aerial operations services at a reduced 

cost, making these kinds of services available to a greater range of businesses. Similarly, the small UAS 

will benefit the public as a whole by reducing the pollution and ecological impact associated with 

traditional aircraft and rotorcraft operations. 

Given the clear direction in Public Law 112-95 § 333, the equivalent level of safety surrounding the 

proposed operations, and the significant public benefit including reduced noise levels and lower 

operating costs through more efficient equipment, granting this petition is deemed to be in the public

interest. 

H. Federal Registry Summary 

Petitioner seeks an exemption from the following rules: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 

45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.315 (a) & (c); 14 

C.F.R. § 101(e)(4) & (5); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2) & (c); 14 C.F.R. § 91.103; 14 C.F.R. § 

91.109(a); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203(a) & (b); 14 

C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b). 

Approval of exemptions allowing commercial operations of sUASs will enhance safety by reducing risk. 

These UASs will be operated commercially for the purposes of aerial mapping, modeling and data 

collection. Approval of this exemption will provide Fearless Eye with a means to provide safe, effective 

efficient aerial data collection to customers. 

I. Privacy 

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

and knowledge. 

Respectfully submitted, 

STINSON LEONARD STREET LLP 

Robin K. Carlson 

RKC:cll