UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

ELECTRIC EYE AERIAL SCANNING

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 UNMANNED AIRCRAFT 

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on 3-31-2015

Petitioner; 

William H Edmonson

527 north River Rock Drive 

Belgrade, Montana 59714 Tel: (406) 581-3987

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TABLE OF CONTENTS 

 Page 

GLOSSARY OF ABBREVIATIONS .................................................................................3

SUMMARY ........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER ................................................4

BACKGROUND ................................................................................................................4

BASIS FOR PETITION .....................................................................................................5 

 NAME AND ADDRESS OF PETITIONER............................................................6 

 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ELECTRIC EYE 

 AERIAL SCANNING SEEKS EXEMPTION ..........................................7 

 THE EXTENT OF RELIEF ELECTRIC EYE AERIAL SCANNING SEEKS 

 AND THE REASON ELECTRIC EYE AERIAL SCANNING SEEKS THE 

 RELIEF.............................................. ........................................10

 THE REASONS WHY GRANTING ELECTRIC EYE AERIAL SCANNING'S 

 REQUEST WOULD BE IN THE PUBLIC INTEREST ......................................13 

 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

 ADVERSELY AFFECT SAFETY .....................................................15

 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......27

 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

 AVAILABLE TO SUPPORT ELECTRIC EYE AERIAL SCANNING’S 

 REQUEST ..................................................................................28 

CONCLUSION.................................................................................................................28 

2
GLOSSARY OF ABBREVIATIONS

3

Above Ground Level

Area of Interest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code of Federal Regulations 

Certificate of Authorization 

Consumer Of The Shelf

Electric Eye Unmanned Aerial Vehicle

Federal Aviation Administration 

Federal Aviation Regulation 

First Person View

Ground Control Station 

Global Positioning System 

Loss of Link

National Airspace System 

Notice to Airman 

Pilot In Command

FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Visual Observer

Vertical Takeoff and Landing 

AGL 

AOI

ATC

ATO

AV

C.F.R. 

COA

COTS

EEUAV

FAA

FAR

FPV

GCS

GPS

LOL

NAS 

NOTAM 

PIC 

Section 333 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VO 

VTOL 
SUMMARY 

ELECTRIC EYE AERIAL SCANNING 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 ELECTRIC EYE AERIAL SCANNING to operate an Unmanned 

Aircraft System (UAS) for the commercial purpose of conducting aerial acquisition in the 

United States NAS. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

ELECTRIC EYE AERIAL SCANNING (hereinafter referred to as “Electric Eye”) 

provides its clients with high quality video, 2D, 3D and multi spectral imagery acquired 

with a fixed wing UAV. The imagery obtained is used for a variety of data gathering 

purposes including but not limited to, ground and livestock condition analysis, search and 

rescue, disaster assessment, equipment and construction inspection and forest fire 

tracking. Electric Eye uses fixed wing AV systems under 55 pounds in weight. Currently 

Electric Eye uses the Skywalker X8 flying wing. Electric Eye may however use any 

COTS fixed wing UAV solution that does not exceed 55 pounds, or max speed greater 

than 87 knots.

BACKGROUND 

Electric Eye seeks an exemption to operate fixed wing AV systems

for compensation or hire within the NAS. Electric Eye uses a variety of fixed wing UAV 

aircraft comprised of COTS airframes and components and a transportable Ground 

Control Station (GCS). All EEUAV have a maximum gross weight of no more than 55 

pounds, and a maximum speed of no more than 87 knots. Electric Eye AV systems are 

operated no higher than 500 feet AGL and within LOS of the GCS and VO. All 

operations include an operator acting as PIC and at least one VO.

EEUAV’s will be registered in accordance with 49 U.S.C. 44103, Registration 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. 

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BASIS FOR PETITION

Petitioner, ELECTRIC EYE AERIAL SCANNING, pursuant to the provisions of the 

Federal 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 to commercially operate it’s UAS as described 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 size, weight, speed, and limited operating area associated with 

unmanned aircraft and their operation, Electric Eye’s operation of it’s 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, Electric Eye 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. 

Electric Eye submits that the requested relief is proper since an equivalent level of safety 

will be ensured. Electric Eye will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on its UAV’s using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Electric Eye UAS Operation 

Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and 

Controller Instruction Manual). Furthermore, Electric Eye will document and maintain all 

maintenance records for it’s UAV’s. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by Electric Eye to the extent 

necessary to allow a Pilot in Command (PIC) holding an FAA private pilot or higher level 

certificate, as well as a class three or higher airman medical certificate, and who has 

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC 

is able to safely operate the EEUAV in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

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Electric Eye seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the EEUAV does not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, Electric Eye submits that it will ensure that every 

UAV flown by Electric Eye is in an airworthy condition, prior to every flight,

 by determining that the UAS is in compliance with the operating documents (i.e., the 

Electric Eye UAS Operation Manual, Maintenance Schedule and Manual, Airframe 

Maintenance Manual, and Controller Instruction Manual), and that the aircraft is in a 

condition for safe flight. 

Electric Eye also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the PrecisionVision 10 UA will not have a typical barometric 

altimeter onboard. However, altitude information of any EEUAV will be provided to the 

PIC via Global Positioning System (GPS) equipment and a 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 Electric Eye’s operation of the 

UAV within visual line of sight, at or below 500 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. 

Additionally, Electric Eye seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Electric Eye submits 

that safety will not be affected by operation of it’s UAV systems during daylight hours in 

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough 

battery power to fly for a total duration of 50 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 5 minutes (i.e., 

25 percent battery power remaining). 

In accordance with 14 C.F.R. § 11.81, Electric Eye provides the following information in 

support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is: 

William Hardy Edmonson

Electric Eye Aerial Scanning

527 North River Rock Drive, Belgrade Montana 59714

Tel: (406) 581-3987 | Email: bill@electriceyeas.com 

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B. The Specific Sections Of 14 C.F.R. From Which Electric Eye Seeks Exemption. 

1. Electric Eye 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 following, 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. Electric Eye 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. Electric Eye Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part: 

(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; 

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(ii) If 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; or 

(iii) In 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. Electric Eye Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, 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. Electric Eye Seeks 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. Electric Eye Seeks Exemption From The Requirements Of Section 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. Electric Eye Seeks Exemption From The Requirements Of Sections 91.409(a)

(1) And 91.409(a)(2). 

8
Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person 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; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

8. Electric Eye Seeks Exemption From The Requirements Of Sections 91.417(a) 

And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (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, rotor, and appliance of an aircraft. The records must include-- 

(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 certificate number of the person approving the aircraft 

for return to service. 

(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-limited parts of each airframe, engine, propeller, 

rotor, and appliance. 

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(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 aircraft, 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 each, 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 chapter 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 retained 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 return to service. 

C. The Extent Of Relief Electric Eye Seeks And The Reason Electric Eye Seeks 

The Relief. 

1. Extent Of Relief Electric Eye Seeks And The Reason Electric Eye Seeks 

Relief From Section 61.113(a) And (b). 

Relief 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 

certificate, 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 

10
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. 

As set forth more fully below, Electric Eye submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate an EEUAV unless that 

PIC has met certain flight-hour and currency requirements, demonstrating that the PIC 

is able to safely operate the UAV in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Further, Electric Eye submits that all flights of it’s UAV be conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to Electric Eye’s business; 

and (2) will not carry passengers or property for compensation or hire. 

2. Extent Of Relief Electric Eye Seeks And The Reason Electric Eye Seeks Relief 

From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow Electric Eye to determine that it’s UAV is in an airworthy 

condition prior to every flight by ensuring that the UAV is in compliance with the 

operating documents (i.e., the Electric Eye UAS Operation Manual, Maintenance 

Schedule and Manual, Airframe Maintenance Manual, and Controller Instruction 

Manual). 

Electric Eye seeks the requested relief because the EEUAV does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 

Electric Eye will ensure that the EEUAV is in an airworthy condition based upon its 

compliance with the operating documents (i.e., the Electric Eye UAS Operation 

Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and 

Controller Instruction Manual) prior to every flight, and further, determine that the 

aircraft is in a condition for safe flight, as stated in the conditions and limitations 

below. 

3. Extent Of Relief Electric Eye Seeks And The Reason Electric Eye Seeks Relief 

From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the EEUAV, which utilizes 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 

11
FAA requires that any altitude information concerning UAS operations be reported to 

air traffic control (ATC) in feet above ground level (AGL), Electric Eye seeks the 

requested relief because the EEUAV’s altimeter may be set on the ground to zero feet 

AGL, rather than the local barometric pressure or field altitude, before each flight. 

Considering 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 PrecisionVision 10 UA is 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 the GCS. 

4. Extent Of Relief Electric Eye Seeks And The Reason Electric Eye Seeks 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 

PrecisionVision 10 UA 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 after that 

for at least 4.5 minutes (i.e., 25 percent battery power 

remaining). Electric Eye seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the battery powered EEUAV will 

severely constrain the practicality of any aerial acquisition and flight operations that 

Electric Eye proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the EEUAV, the 

EEUAV operating documents, and Electric Eye’s proposed operating limitations, 

ensure that Electric Eye will safely operate it’s battery powered UAV during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 

with enough battery power to fly for a total duration of 50 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 5 

minutes (i.e., 25 percent battery power remaining). 

5. Extent Of Relief Electric Eye Seeks And The Reason Electric Eye 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, Electric Eye requests relief 

from these Sections because the EEUAV does not require an airworthiness certificate. 

12
As set forth more fully below, the EEUAV meets the conditions of FMRA Section 333 

for operation without an airworthiness certificate. Accordingly, Electric Eye will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on 

the UAS using the methods, techniques, and practices prescribed in the UAS 

operating documents (i.e., the Electric Eye UAS Operation Manual, Maintenance 

Schedule and Manual, Airframe Maintenance Manual, and Controller Instruction 

Manual). Furthermore, Electric Eye will document and maintain all maintenance 

records for the EEUAV. 

D. The Reasons Why Granting Electric Eye’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing Electric Eye to 

safely, efficiently, and economically perform geo-reference mosaic imagery, 3D elevation 

profiles, and multi spectral data for a variety of data gathering purposes including but not 

limited to, ground and livestock condition analysis, search and rescue, disaster 

assessment, equipment and construction inspection and forest fire tracking over rural 

areas of the United States, commercially, in support of government entities, commercial 

entities, agriculture, and scientific studies. Additionally, use of the EEUAV will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the economy. 

Offer a lower cost option to clientele that could not afford a full scale aircraft sensing 

platform. Notably, the benefits of Electric Eye’s proposed operation of the EEUAV will 

be realized without implicating any privacy issues. 

1. The Public Will Benefit From The Aerial Acquisition Performed. 

Electric Eye submits this Petition to commercially operate the EEUAV for geo-reference 

mosaic imagery, 3D elevation profiles, and multi spectral data for a variety of data 

gathering purposes including but not limited to, ground and livestock condition analysis, 

search and rescue, disaster assessment, equipment and construction inspection and forest 

fire tracking. Therefore, the operations that Electric Eye will perform with the EEUAV 

will directly benefit the public and provide options for non evasive data gathering that 

would otherwise be unavailable to many sectors of the public and government due to the 

high cost of current full scale manned aircraft sensing platforms. 

The mission statement and objective of Electric Eye Aerial Scanning is 

“To provide affordable high quality aerial scanning service options to the public and 

private sector, while respecting the privacy and safety of the clients and communities we 

serve” 

2. The Public Will Benefit From Decreased Congestion Of The NAS. 

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The EEUAV is battery powered and serves as a safe, efficient, and economical alternative 

to the manned aircraft traditionally utilized to obtain aerial imagery. Byreducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing 

the use of a EEUAV 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. 

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 

EEUAV does not require an airport to takeoff or land. Likewise, a reduction of manned 

aircraft conducting aerial survey 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. 

3. The Public Will Benefit From The Safety And Efficiency Of The EEUAV. 

Conducting aerial acquisitions with the EEUAV, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial survey flight operations. By using battery power and electric 

motors, the EEUAV produces no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion twin engine 

aircraft that are typically utilized for aerial acquisitions, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The EEUAV, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, as the UAV is propelled 

by battery powered electric motors, rather than an internal combustion engine. 

By using the EEUAV to perform aerial acquisitions, the substantial risk to life and 

property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside 

from the lack of flightcrew members located onboard the aircraft, the EEUAV (weighing 

less than 55 pounds at its maximum gross weight and with no fuel on board), has less 

physical potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct aerial acquisitions (weighing 

approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 

feet, and a fuel capacity of 180 gallons). 

4. Performing Aerial Acquisition Operations With The EEUAV Will Benefit The 

Economy. In addition to being safe and efficient, the EEUAV is also an economical 

alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of 

the EEUAV will allow United States based companies, like Electric Eye, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

14
cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory 

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 EEUAV 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 EEUAV, companies such as Electric Eye, 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 commercial use of the EEUAV, 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, Electric Eye’s proposed operation of the EEUAV will not implicate any privacy 

issues. Specifically, the EEUAV will be operated only in rural areas, and in accordance 

with the Federal Aviation Regulations, including the minimum altitude requirements of 

14 C.F.R. § 91.119. Most significantly, the EEUAV will not be operated closer than 500 

feet to any person, vessel, vehicle, or structure, which is not directly involved in the 

operation. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal 

To That Provided By The Rule From Which Electric Eye Seeks Exemption. 

1. Reasons Why The EEUAV Meets The Conditions Of The FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Electric Eye’s operation of the EEUAV meets 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: 

15
(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), the Secretary shall determine, at a minimum-- 

(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 not 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 States Code, is required for the 

operation of unmanned aircraft 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 the 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, Electric Eye submits that the EEUAV can operate safely in the 

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the 

EEUAV; (b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The EEUAV Demonstrate Its Safe Characteristics. 

The EEUAV 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 EEUAV. 

Electric Eye Aerial Scanning will use a variety of airframe and flight system 

combinations as COTS technology changes. This petition is requesting exemptions from 

14 C.F.R. for Electric Eye Arial Scanning use of fixed wing UAVs that have a maximum 

gross weight of no more than 55 pounds, and a maximum speed of no more than 87 

knots. Electric Eye AV systems are operated no higher than 500 feet AGL and within 

LOS of the GCS and VO. All operations include an operator acting as PIC and at least 

one VO. As an example, Electric Eye is Currently using the following system; 

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Aiframe: Skywalker X-8 FPV / UAV Flying Wing

Wingspan: 2120mm

Maximum AUW: 3500g

Maximum Speed: 43-48 knots 

Autopilot Software: APM Planner by 3dr

Autopilot Hardware: Pixhawk by 3dr

Manual Pilot Control: Spektrum DX8 

ii. The APM Planner Autonomous Flight And Navigation Modes 

Enable The UAS To Remain Within A Defined Operational Area. 

The EEUAV may be operated in both manual and fully autonomous flight modes.

iii. The EEUAV Is Designed For Automatic Return To Home Point 

Orbit In The Event Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the EEUAV will execute a stable orbit in flight, for 90 

seconds. If, after 90 seconds, the EEUAV does not reacquire control link data from the 

GCS, the UAV will assume that the Control Link is lost and the UAV will return to the 

home position orbit via GPS, and will remain there until 25% battery power remains, then 

perform an autonomous landing at the pre programmed landing site. If Control Link is reestablished after a loss of more than 15 seconds, the PIC will return the UAV to the 

landing zone via manual mode and land the UAV immediately. 

When GPS signal is lost, the EEUAV will continue to estimate its position and velocity 

based upon onboard accelerometers and gyroscopic instruments. It will execute a 

stationary orbit for 120 seconds or until the PIC switches to manual mode and pilots the 

UAV to the landing zone and lands. If after 120 seconds the PIC has not switched to 

manual mode, the UAV will autonomously stop it’s electric motor and glide to the ground 

in it’s orbit.

b. Flight Operations Of The EEUAV Are Limited To The Line Of Sight Of 

A Certificated Pilot in Command With A Visual Observer (VO). 

Electric Eye will only utilize certificated pilots who possess a current and valid airman 

medical certificate to act as a pilot in command (PIC) of the EEUAV. Additionally, a 

safety observer will assist all pilots during flight time. 

c. Flights Of The EEUAV Will Be Conducted Pursuant To Specific 

Operating Limitations. 

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In seeking this exemption, Electric Eye proposes to commercially operate the EEUAV for 

the special purpose of conducting aerial acquisitions in the NAS, pursuant to the 

following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to UAV 

systems within the technical and operational limits described in this petition. 

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 conducting operations 

for the purpose of aerial acquisitions. 

3. The UA may not be flown at an indicated airspeed exceeding 87 knots. 

4. The UA must be operated at an altitude of no more than 500 feet above ground 

level (AGL). All altitudes reported to ATC must be in feet AGL. 

5. The UA 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 VO as a substitute for VLOS is 

not permitted. 

7. All operations must utilize a visual observer (VO). The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 duration of the flight. The PIC must ensure that the VO can perform the 

functions described in this petition. 

8. The VO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and is 

not permitted to operate the camera or other instruments. 

9. The operating documents specific to the UAS being used by Electric Eye and 

the grant of exemption must be accessible during UAS operations and made 

available to the Administrator upon request. If a discrepancy exists 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 

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the grant of exemption take precedence and must be followed. Otherwise, the 

operator 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 upon 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 exemption, 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 alterations 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 authorized person returning the UAS to 

service. 

15. Each UAS operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

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16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current 

third- class medical certificate. The PIC must also meet the flight review 

requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated 

on his or her pilot 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, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 

61.51(b). The VO is also required to complete the operator’s training 

requirements. A record of training must be documented and made available upon 

request by the Administrator. Flights for the purposes of training the operator’s 

PICs and VOs (training, proficiency, and experience-building) are permitted under 

the terms of the exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance 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. § 

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). 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 airport 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 predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

20
23. The PIC must abort the flight in the event of unpredicted 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 above 200 feet AGL. This COA will 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 including 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- Number) 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 must 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 Administrator or any 

law enforcement official upon request. 

29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

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

31. The UA may not be operated over congested or densely populated areas. 

32. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, VO, operator 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 

21
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, VO, 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 from 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 or 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. 

Electric Eye 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 EEUAV unless 

that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, 

that the PIC is able to safely operate the EEUAV in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Considering Electric Eye’s 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 EEUAV, Electric Eye submits that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate to 

the airmanship skills necessary for Electric Eye’s 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 

22
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

Electric Eye will not allow any PIC to operate the EEUAV unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the EEUAV training and 

currency requirements, that the PIC is able to safely operate the EEUAV 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 addition to the hour requirements, the PIC 

must accomplish 3 take-offs 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 Electric Eye’s 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 fixed wing pilot including at least 10 hours logged as a 

fixed wing 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 minimum hour requirements to be 

inclusive rather than additive; i.e. 5 hours make and model time may be included 

in the 10 hours of fixed wing time and the 10 hours may be included in the total 25 

hours of UAS fixed wing time. In addition to the hour requirements, the PIC must 

accomplish 3 take-offs 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-building flights can also be conducted under the grant of 

exemption to accomplish the required flight time. During training, proficiency, and 

23
experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Electric Eye will ensure safe operations by not allowing any PIC to operate 

the EEUAV unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the EEUAV in a manner 

consistent 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. 

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, Electric Eye will ensure that the EEUAV 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, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of the EEUAV 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 Electric Eye’s operation of the EEUAV 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 automatically established by the 

UAS 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). 

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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 equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the EEUAV; (2) 

the limitations on the proposed flight operations; and (3) the location of the proposed 

flight operations. Accordingly, Electric Eye will ensure that it will safely operate the 

battery powered EEUAV during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 50 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 5 minutes (i.e., 25 percent 

battery power remaining). 

Here, as in Exemption No. 11109, the technical specifications of the EEUAV; the 

limitations on the proposed flight operations; and the location of the proposed operations, 

will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the EEUAV provides two audible and visual 

warnings to the PIC at the GCS when the UA experiences low battery voltage, the first 

warning occurring at 50% remaining battery power, and again at 30% remaining battery 

power. 

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 herein (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

91.405(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, Electric Eye 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 

Electric Eye 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 Electric Eye UAS Operation Manual, 

25
Maintenance Schedule and Manual, Airframe Maintenance Manual, and Controller 

Instruction Manual). Furthermore, Electric Eye will document and maintain all 

maintenance records for the EEUAV. 

Since the EEUAV will be inspected as prescribed by the operating documents, Electric 

Eye will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2).

Likewise, the exemption sought will not adversely affect safety because Electric Eye 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 maintenance of the 

EEUAV will be performed by trained technicians, which will document and maintain 

maintenance records for the EEUAV. 

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 Electric Eye’s proposed operating limitations, the operating 

documents, and the technical aspects of the EEUAV, Electric Eye submits that safety will 

not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The 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, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161). 

7. The FAA May Prescribe Any Other 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, Electric Eye requests that the 

FAA prescribe special conditions for the intended operation of the EEUAV, 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), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b). 

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Such special conditions will permit safe operation of the UA for the limited purpose of 

conducting aerial acquisitions in the NAS 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 operate 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 C.F.R.

§ 21.16, for operation of the EEUAV, 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 Electric Eye’s intended operation of the EEUAV, 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 Electric Eye Seeks Exemption: 

ELECTRIC EYE AERIAL SCANNING 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 Electric Eye Seeks: 

27
This exemption will permit ELECTRIC EYE AERIAL SCANNING to 

commercially operate an Unmanned Aircraft System (UAS) for the purpose of 

conducting aerial acquisitions in the United States National Airspace. 

G. Any Additional Information, Views, Or Arguments Available To Support 

Electric Eye’s 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, Electric 

Eye’s 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, Electric Eye will operate the EEUAV 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, Electric Eye seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will 

permit safe operation of the EEUAV commercially, without an airworthiness certificate, 

for the limited purpose of conducting aerial acquisitions in the NAS of the United States. 

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 Electric Eye to safely, efficiently, and economically 

operate the EEUAV commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Electric Eye respectfully requests 

that the Administrator grant this Petition for an exemption from the requirements of 14 

28
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), and permit Electric Eye to operate the 

EEUAV commercially for the purpose of conducting aerial acquisitions over certain rural 

areas of the United States.

Dated: 3-31-2015 

William H Edmonson

527 North River Rock Drive

Belgrade Montana 59714

(406) 581-3987

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