May 12, 2015

Exemption No. 11568 Regulatory Docket No. FAA

– 20 15

– 0389

Mr. Greg MacMaster
Owner Eagle

- Eye Drone Service
5966 Beaver Creek Trail Kewadin, MI 49648

Dear Mr. MacMaster :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter posted to the docket on February 17, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Eagle

- Eye Drone Service ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an
unmanned ai rcraft system (UAS) to conduct aerial videography and cinematography

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and
the regulations that the petitioner seeks an exemp tion

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petiti oner

. However, the FAA
received one comment in support of the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the
aircraft and its operation, the Secretary of Transportation has determined that this aircraft
meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from
14 CFR part 21

, C ertification pro cedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and
11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Eagle

- Eye Drone Service is granted an exemption from
14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exempti on is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Eagle

- Eye Drone Service is hereafter referred to as the operator.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2
Vision+ when weighing less than 55 pounds including payload. Proposed opera tions of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (10 0 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommend ed by the
aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported 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 or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. 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 ;

e lectronic 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 duties

requ ired of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operati ng documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,
the condit ions and limitations herein 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 t o track such revisions and present updated and revised4

documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of ex emption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. 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 prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at
least 500 feet from other people. The functional test flight must be conduct ed in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- fli ght inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and
aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a pos session, or the Federal government. The PIC must also meet the flight revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During
traini ng, proficiency, and experience

- building 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (S VFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made avail able to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses c ommunications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manuf acturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct

ope rations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the
PI C at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and
activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons
from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain 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 in a manner ensuring the safety of nonparticipating persons ; and
b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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

.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight op eration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported
to the FA A'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

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following a dditional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exempti on must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities
must inclu de at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;
d. Mak e, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/
John S. Duncan Director, Flight Standards Service

# Eagle-Eye Drone Service

5966 Beaver Creek Trl. Kewadin, MI 49648 eagleeyedroneservice@gmail.com
231-360-0636



### 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 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

Eagle-Eye Drone Service writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that

Eagle-Eye Drone Service, an owner and operator of small unmanned aircraft 1 , be exempted from the Federal Aviation Regulations (“FARs”) listed below so that Eagle-Eye Drone Service, may operate a small light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein, Eagle-Eye Drone Service is experienced in testing and flying hobby helicopters for recreational purposes. Eagle-Eye Drone Service has added a

hobby grade quad-copter UAS to their inventory equipped with an internal camera extremely high quality and a removable 4GB micro SD card. It shoots full HD video at 1080p/30fps and 720p/60fps with intent for aerial videography/ cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the northwest Michigan area, and augment real estate listing videos; following exemption and approval by the FAA. Thereby enhancing their academic research experience for greater northwest Michigan region.

I have flown small RC electric helicopters and fixed wing planes for over four (4) years without incident. Committed to safety with each flight. Eagle-Eye Drone Service exemption request would permit operation of light weight (less than 5 1

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### lbs), unmanned (piloted by remote control) and comparatively inexpensive UAS(s)

in tightly controlled and limited airspace. 2 Predetermined in areas away from general public, airports, helipads and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/ photos. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. The Pilot of eagle-Eye Drone Service, has personally

instilled safety protocols and controls 3 to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to real estate video and photography usage as recorded flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting Eagle-EyeDrone Service’ request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate purposes. Further, Eagle-Eye Drone Service will conduct operations in compliance with the protocols described herein or as otherwise established by
the FAA.

For the reasons stated below, Eagle-Eye Drone Service, respectfully request the grant of an exemption allowing to operate light weight, remote controlled UAS’s for academic community awareness to benefit/stimulate attraction to the greater northwest Michigan area and to enhance real estate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

1 Appendix A - DJI Phantom Vision 2+ quad-copter Operator Manual 2 Appendix B - Cherry Capital Airport Map area 5 mile airport radius maps

3 Appendix C - Personal Protocols and Control 

### 2

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### I. Contact Information:

Greg MacMaster, Owner

Eagle-Eye Drone Service
Office/Mobile: (231) 360-0636 Email: eagleeyedroneservice@gmail.com



### II

. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Eagle-Eye Drone Service Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief Eagle-Eye Drone Service seeks and the
Reason it seeks Such Relief:

Eagle-Eye Drone Service, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent Eagle-Eye Drone Service contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Eagle-Eye Drone Service’s, ultra light weight UAS meets the
definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. We would like to operate the ultra light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system.
Considerations include:

The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for Eagle-Eye Drone Service. 3

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### Our UAS utilizes four (4) counter-rotating propellers for balance, control and stability. Our UAS is equipped with GPS and auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal.

Eagle-Eye Drone Service considers safety as foremost with each flight. Our small unmanned aircraft is designed to hover in place via GPS and operate in less than a 36 mph wind. For safety, stability and fear of financial loss, we will not fly in winds exceeding 10 mph. Built in safety systems include a GPS mode that allows our UAS to hover in place when radio controls are released. With three modes to

choose from, we utilize the Smart Mode 4 for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost UAS is designed slowly descend to point of take off. We do not operate the UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather. We are constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or we suspect manned aircraft may approach near my location. Our UAS is capable of vertical and horizontal operations, and are flown only within my line of sight of the operator/pilot, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between three (5) to seven (10) minutes, with an altitude under one hundred fifty (150) feet.

Eagle-Eye Drone Service utilizes a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is 25 minutes as tested. We do not operate my UAS at or below manufacture recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. We do not believe in taking risk that may cause a crash, that could create hazard to the

4 Smart Mode includes safe circle for operation, position hold, self-leveling, altitude command, GPS, return home feature, and safety control to return home or land in the event of communication interruption between RC transmitter and UAS. See Appendix A - Operator Manual.



### public/property/manned aircraft, and have no desire to lose an investment. We have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of 4

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### this specific UAS's performance under different temperature and weather conditions. We also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety.

Eagle-Eye Drone Service is extremely cautious when operating the UAS/ultra light weight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of the UAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Eagle-Eye Drone Service’s UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

IV. How Eagle-Eye Drone Service’s Request Will Benefit the
Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing
tool.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Furthermore, the Michigan Legislature passed a House Concurrent Resolution (HCR 16), sponsored by the owner of Eagle-Eye Drone Service, in December 2013. Supporting Michigan’s Advanced Aerial Systems Consortium as one of the test sites designated by the FAA.

http://www.legislature.mi.gov/documents/2013-2014/concurrentresolutionadopted/ House/pdf/2013-HACRH-0016.pdf

Granting Eagle-Eye Drone Services’ exemption request furthers the public interest through academic/visual awareness of the geographical benefits in and around the greater Grand Traverse area. Our ultra light weight UAS is battery powered and creates no emissions that can harm the environment. The consequence of our ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. 5

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through the battery operated ultra light weight UAS's. Permitting Eagle-Eye Drone Service, to immediately fly within national air space furthers economic growth. Granting our exemption request substantially furthers the economic impact for the Grand Traverse community for companies looking to relocate or build in the area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.

V. Reasons Why Eagle-Eye Drone Service’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Eagle-Eye Drone Service’s, exemption will not adversely affect safety. Quite the contrary, for the reasons stated, permitting Eagle-Eye Drone Service, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow us to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for Realtors that can be embraced by the

NAR 5 , MAR 6 , and TAAR 7 for development in cooperation with the FAA. In addition, Eagle-Eye Drone Service, submit the following representations of enhancements to current aerial videography and photography for real estate:

Our UAS weighs less than 4 pounds complete with a small ultra light weight high quality HD camera;

We only operate my UAS below 200 feet 8 (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

• Our UAS only operate for 5-10 minutes per flight;

_______________________________

5 National Association of Realtors, http://www.realtor.org / 6 Michigan Association of Realtors, http://www.mirealtors.com /

7 Traverse Area Association of Realtors, http://www.taars.com /

8 DJI Phantom Vision 2+ quad-copter altitude ceiling is 147 feet when flown in Smart mode (see Appendix A Operator Manual)



### • We land my UAS prior to manufacturer recommended minimum level of battery

power; 6

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### • We pilot the UAS through remote control only by line of sight;

• The UAS has GPS a flight safety feature whereby it hovers and then slowly lands

if communication with the remote control pilot is lost;

• We actively analyze flight data and other sources of information to constantly

update and enhance safety protocols;

• We only operate in reasonably safe environment that are strictly controlled, are

away from power lines, elevated lights, airports and actively populated areas;

• We conduct extensive pre-flight inspections and protocol, during which safety

carries primary importance;

• We always obtains all necessary permissions prior to operation; and,

• We have procedures in place to abort flights in the event of safety breaches or

potential danger.

Eagle-Eye Drone Service’, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far safer to operate a battery powered light weight UAS.

First, the potential loss of life is diminished because UAS's carry no people on board and we only operates my UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished.

Third, the small size and extreme maneuverability of my UAS allow Eagle-Eye Drone Service to remotely pilot away from and avoid hazards quickly and safely. Lastly, given its small size and weight, even when close enough to capture amazing images, the UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom.

Accordingly, our UAS has been experimentally operated for familiarization/ competency and will continue to operate at and above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register: 7

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Eagle-Eye Drone Servicve’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Eagle-Eye Drone Service’ current and projected UAS's meet or exceed each of
the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/

flight manual delineating areas of where safety can be defined. 9 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by the owner, Greg MacMaster

9 Appendix D - Safety/Flight Manual



### B. 14 C.F.R. § 45.23: Marking of The Aircraft. 8

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Our UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, we will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and
10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. Eagle-Eye Drone Service, can achieve an equivalent level of safety as achieved by current Regulations because our UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Eagle-Eye Drone Service to operate their UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. Eagle-Eye Drone Service, will however operate the UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will
be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 9

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Eagle-Eye Drone Service's, UAS. However, as a safety precaution we inspect my UAS before and after each flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because Eagle-Eye Drone Service’s, UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, Eagle-Eye Drone Service seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 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) and (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. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, 10

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### Eagle-Eye Drone Service's, small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the northwest Michigan area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting Eagle-Eye Drone Service’s, request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. Eagle-Eye Drone Service, have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board Eagle-Eye Drone Service’s, UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. Eagle-Eye Drone Service’s, operation of my UAS, weighing less than 5 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly Eagle-Eye Drone Service, respectfully request that the FAA grant our exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Specifics of the UAS;

UAV/UAS/UA Clarification

The UAV/UAS/UA which Eagle-Eye Drone Service, Petitioner, will be operating is the DJI Phantom 2 Vision +, referred hereafter as Phantom. The inherent safety features, sophistication, programmability, GPS navigation, return home capability, airport vicinity no-fly feature and restricted altitude feature, as well as differentiating radio frequency (rf) for aircraft controller/receiver and for the camera make this a much safer UAV for the purposes of this petition. This is a hobby grade radio controlled UAV that has the capacity for software upgrades. It is light, less than 3 pounds including battery and camera. Incorporated into the programming of the Phantom is an automatic return home feature that automatically directs the craft back to point of take off should communication with the transmitter be lost. The Phantom has a cruising speed of 20 mph, with a 11

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### maximum speed of 36 mph. Maximum flight time is 25 minutes. Gross weight is 2.86 pounds.

The Phantom has an additional communication link between the camera and craft on a different rf for a smart phone connection. Allowing the operator or Pilot In Command (PIC) to monitor battery level, altitude (AGL), distance from PIC, camera imagery, and control camera angle.

The software for the Phantom allows the operator or PIC to set maximum altitude AGL for each flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as an examples. The 400 foot maximum AGL can be programmed into the UAV's software pre-flight to insure compliance with FAA standards. Adding to the safety capabilities of this UAV. This UAV is programmed to remain in position when controls are released. Maintaining altitude and GPS
location.

The Phantom has an altitude and radar monitoring function that allows the operator more precise determination of height, direction of flight and distance from the operator PIC. The operator or PIC can monitor GPS lock status while UAV is in flight, with the ability to anticipate loss of GPS locking so the operator or PIC can land the UAV as a precaution.

Best explanation of the Phantom's sophistication and capabilities can be observed through a series of manufacture videos explaining the Phantom 2 Vision + through
this link ( http://www.dji.com/product/phantom-2-vision-plus ). The Phantom 2 Vision + maintains all capabilities defined in the video.

The DJI Phantom 2 Vision +'s 2.4 ghz transmitter/controller/receiver rf for managing flight with a 5.8 ghz rf transmitter/receiver for video/photography functions eliminates the rf conflict experienced with the Blade 350 QX, and is by far the safer of the two when considering public and NAS safety. Considering the programmability and safety features of this UAV (Phantom 2 Vision +), it serves as the best option to protect the Public and NAS for the purposes of this petition.

The Eagle-Eye Drone Service Petition is for UAV operation without pilot, passengers nor property on board. Considering that the Phantom UAV is a sophisticated hobby grade quad-copter with gross weight less than 3 pounds. Aerial video/photography operations for this petition provide service for those businesses, transferees, retirees and others considering relocating to greater northwest Michigan region who are not familiar with geographical characteristic, communities, services and other benefits of the area. Aerial video/photography operations for private property owners aide with an enhanced perspective for 12

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### characteristics, amenities, and benefits a private property has that cannot be displayed through ground level video/photography. Petitioner Eagle-Eye Drone Service charges no additional fees for ground level video/photography. Therefore, there is no compensation for these services. Aerial video/photography represent a small portion of videos and photos currently offered at ground level for the community as well as private properties marketed for sale. Aerial video/ photography is an enhancement to videos/photography already offered homeowners and the public. In most cases aerial video will represent 4-20
seconds of a 2-3 minute video.

Petitioner Eagle-Eye Drone Service is using a UAV that has the capability for taking off and landing at a single point, identical to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to be flown to areas being aerial video recorded or photographed. Allowing a reduced and more confined area of flight.

Home owner written consent for aerial video/photography shall be obtained prior to flight. Signs (See Appendix E) will be posted cautioning anyone within vicinity to remain back a minimum of 200 feet. Observer(s) to assist and warn/advise the PIC will be utilized in situations where spectators may be within 500 feet of the flight

area.

To alleviate additional privacy concerns, petitioner also has the ability to cover up areas in movie post-production by shading out objects (people/buildings) in the immediate vicinity.

The single UAV utilized in this petition is a hobby grade quad-copter that does not require an airman certificate for non-commercial flight involving less restrictive less regulated flight. UAV flight competency can be verified/obtained through AMA standards and procedures as well as downloading the flight data from the on board data logger.

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV utilized in this petition are not complicated. Engineering and design allows layman maintenance. Recording part replacement for this UAV may prove redundant due to the simplicity of the craft. While the Petitioner requests waiver or exemption for maintenance records, it would be understandable if the FAA requires such data for its rule making process. However, pre-flight inspection for cracks, damage or other physical conditions that could hamper safe flight is a reasonable expectation. As well as post flight inspection that may aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. 13

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### Thorough inspection of UAV shall be conducted and flight response tested should a hard landing or crash occur. Insuring that the UAV can operate in a safe manner before conducting any further video/photography.

Petitioner requests waiver or exemption for markings due to the small size of the fuselage for the Phantom 2 Vision +.

Petitioner requests modification, waiver or exemption and clarification (within reason) concerning section 91.119 prohibition of flight in congested areas. Such restriction puts home owners in subdivisions at a disadvantage by limiting enhanced marketing of their homes; thereby discriminating against them. Vertical takeoff and landing while video recording or photographing a home can allow an enhanced perspective for view or proximity of mountains, golf course, manmade lake or other attractions not possible through ground level video recording or photography. Petitioner requests waiver for this condition to allow reasonable and responsible aerial video/photography in congested areas of subdivisions and neighborhoods. In cases where altitude within airports is an issue, aerial video can
be achieved under 100 feet.

In compliance with Section 90.151 (a) the Phantom is a battery operated UAV/ UAS with battery level monitoring capability. Fully charged battery flight time is rated at 25 minutes, with videos/photos taking much less time to record. Operator or PIC is warned when battery level is low.

Petitioner requests waiver/exemption from Section 91.203 (a) since the Phantom is a hobby grade UAV/UAS that should not require an airworthiness certificate nor a registration certificate. Posting of special flight authorization would not be possible since the Phantom has no cabin and is not large enough to carry a certificate. However, a special flight authorization can be maintained by the operator to make available upon request.

DJI Phantom 2 Vision +
Serial Number: PH645350820

1  Height limitation set for maximum of 300 feet AGL

2  Radius distance from controller set for maximum of 1000 feet

3  Both to aid in VLOS

4  Flight testing at the R/C air park has proven that due to UAS size of the Phantom 2 Vision +, firmware programmed for maximum 300 14

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### feet AGL and 1000 distance are limited distance for maintaining VSOL
without assistance of binoculars or other assistance. Most intended operation will only requires range of 20-100 AGL and less than 200 feet
lateral distance from PIC. Limited stated distance for VSOL will be rare if
ever needed.

Current firmware upgrades for

5  Main Controller

6  GPS

7  Receiver

8  Battery



### 9  Zen IMU

Airman Certification: Petitioner has been a private pilot for 34 years and is aware of FAA flight regulations.

Petitioner would like to seek a reasonable exemption with restriction solely to UAS operation at AGL below 300 feet with distance of flight no greater than 1000 feet. Currently there are no provisions within the FAA for governing UAS such as the DJI Phantom 2 Vision + for hobby or commercial use in northern Michigan With Phantom 2 Vision + alone sales have been "...exponentially higher than the 7,500 in 5 years estimate that the FAA put forward a year ago..." UAS potentially being flown without guidelines by unfamiliar, untrained individuals not belonging to professional organization like the AMA, who pose a threat to NAS, the public and responsible parties like the Petitioner.

Respectfully submitted,

Greg MacMaster Eagle-Eye Drone Service 5966 Beaver Creek Trail, Kewadin, MI 49648 15

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### PHANTOM Flying Flowchart V1.0 (Simplified Version) 16

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

# Appendix A

DJI Phantom Vision 2+ Owners Manual in PDF

http://download.dji-innovations.com/downloads/phantom_2_vision_plus/en/ Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf



# Instead of inserting pdf into this document, link is provided for immediate viewing and
download. 17

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

# Appendix B

Cherry Capital Airport Vicinity and 5NM Circle 18

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

# Appendix C

Protocols and Controls

Aerial Community and Real Estate Videos

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial videos and photography. As such, safety protocols and controls must be implemented through pre-flight preparation and during flight.

**Pre-Flight Protocol:**

Check batteries with voltage meter to insure fully charged and ready for use. Inspect batteries for damage or leakage that may affect proper operation. Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or unmanageable/uncontrolled flight. Check weather forecasts for wind advisory or other conditions that my impact flight. Consult five (5) mile radius map for airport vicinity.

o Contact respective airport to advise of estimated flight time, estimated flight duration, estimated elevation of flight, and any other pertinent
information.

Inspect flight area for

o vicinity of public safety helipads/heliports

o vicinity of medical helipads/heliports

o vicinity of light poles

o vicinity or utility wires

o vicinity of trees

o flocks of birds that may cause interference and potential flight impact

o vicinity of any elevated obstructions that may pose potential flight hazard

o vicinity of roadways with moderate to heavy traffic that can be distracted

o public gatherings that may attract viewers

o optional point of control for best visual site of UAS while in flight 19

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### Takeoff and landing

o inspect area for best and safest point of takeoff and landing

o if in a subdivision or area that is within 150 feet of a residential street, post warning sign(s)/stand(s) "Attention Aerial Photography In Progress - Remain
Back 150 Feet "

**Flight Protocol:**

takeoff and land from same location remain alert to birds, sound or aircraft, curious public, and approaching vehicles do not allow anyone to engage in conversation or distract the remote control pilot restrict flight to minimal elevation sufficient to acquire desired
results remained prepared for emergency landing at all times pay attention to flight time

o if possible set a timer as a safety alert land UAS and shut down propulsion immediately following landing

Aerial Community and Real Estate Videos

**Post flight:**

**Emergency or Suspected Hazard:**

Immediate land UAS at safest and closet ground location in the event

o manned aircraft is heard or seen in vicinity of flight

o there is a public gathering within established safety boundary wanting to observe flight o pilot is being distracted from focusing on flight and safety

o sudden change in weather (wind bursts)

o sudden increase in vehicular traffic in vicinity of flight

o birds enter into proximity of flight

o any sudden unsafe event that can cause collision, distraction or interruption of control 20

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

# Appendix D

Safety Flight Manual

Checklist Format

(See next page) 

### 21

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

### 22

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition

# Appendix E

Caution Placard 23

Eagle-Eye Drone Service, Kewadin, MI - Section 333 Exemption Petition