September 18, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, D.C. 20590-0001

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203

(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11,

Birds Eye UAS , operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations are

conducted within and under the conditions outlined herein or as may be established by the FAA as required by

Section 333.

This exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying

Birds Eye UAS General Operations Manual and in addition DJI Phantom 2 Vision + User Manual, Smart Flight Battery

Safety Guidelines, Quick Start Guide, and Pilot Training Guide (collectively referred to as "Manufacturer's Manuals").

Birds Eye UAS submits the GOM, General Operations Manual as a confidential document pursuant to 14 C.F.R. §

11.35(b), as the materials contain confidential commercial and proprietary information that Birds Eye UAS has not

and will not share with others. Additionally, these documents contain operating conditions and procedures that are

not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. §

552 et seq., and any other requirements established by the FAA pursuant to Section 333 of the Reform Act.

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Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would operate

in the following manner:

• Aerial photography and/or video for public and/or private use including real estate, architecture, land

surveying, construction, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television, public events,

cinematography and news gathering.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local

government authority.

• Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to

electrical power lines, wind turbines and cell towers.

• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of

an emergency or natural disaster only when the local authorities or government has requested it by contract

or donation.

• The ability to offer training to persons individually or belonging to both private and/or public organizations

that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to

enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and

property.

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions

in the NAS that would be a) limited; b) controlled; c) predetermined and d) will provide safety enhancements to the

already safe operations in the industry presently using conventional aircraft. Approval of this exemption would

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to

“....establish requirements for the safe operation of such aircraft systems in the national airspace system.”

The contact information for Petitioner is as follows:

Neil Forrest, Owner/Operator

dba Birds Eye UAS

3010 Adiron Way Tallahassee, FL 32317

Ph: 850-519-0328

Email: neil@birdseyeuas.com

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

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14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Birds Eye UAS will operate the DJI Phantom Vision+, with a total weight of 1242g or 2.74lbs. The dimensions are

40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. Under still air the maximum speed is no more than 15m/s

or 33 mph with a cruising speed of 11m/s or 25 mph. The DJI Phantom 2 Vision + has the ability to hover and move

along a vertical and horizontal plane simultaneously. The DJI Phantom Vision+ has four motors, Motor Model DJI

3510, powered by a 5200mAh LiPo Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in

use. The DJI Phantom Vision+ will be controlled with the C1 remote controller with an operating frequency of

2.400GHz – 2.483GHz The applicant will operate the UAS in line of sight within a closed off and predetermined area

owned and or operated by the property representative.

DJI Phantom Vision+ Specs

GENERAL FEATURES

• Ready to fly

• 3-axis camera stabilization

• Precision flight and stable hovering

• Radar positioning & return home

• Onscreen real-time flight parameters

• High performance camera

• Camera tilt control

• Film straight down

• Supports Adobe DNG RAW

• Adobe lens profile support

• Camera parameter settings

• Album synchronization

• FAA no-fly zones locked out via installed software

TRANSMITTER

• Operating Frequency:5.728 GHz – 5.85 GHz

• Communication Distance(open area): CE: 400m; FCC: 800m

• Receiver Sensitivity(1%PER):-93dBm</td></tr>

• Transmitter Power:CE: 25mw; FCC: 100mw

• Working Voltage:80mA@6V

• Battery:4 AA Batteries

CAMERA

• Operating Environment Temperature: 0 -40

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• Resolution:4384×3288

• FOV:110°/ 85°

• Sensor size:1/2.3"

• HD Recording:1080p30 /720p60

RANGE EXTENDER

• Operating Frequency: 2412-2462MHz

• Communication Distance(open area):500m - 700m

• Transmitter Power:20dBm

• Power Consumption:2W

DJI VISION APP

● iOS version 6.1 or above/ Android system version 4.0 or above

Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the

ReformAct’ssafety requirements. The approval ofthis application presents no nationalsecurity issues. Regarding the

level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts,

including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public

interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance

the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial

operations under the FAA issued exemption as set forth in the General Operations Manual (GOM) in part include:

• Pilot in command (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 Columbia, Puerto Rico, a territory, a possession, or the Federal government.

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

• 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 airman’s

FAA-issued medical certificate or U.S. driver’s license.

• 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.

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• The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not

permitted during flight operations.

• Unmanned aircraft must weigh less than 55 lbs. (25 kg).

• Daylight-only operations (official sunrise to official sunset, local time).

• Maximum airspeed of 15 m/s, 33 mph (DJI P2v+).

• Maximum altitude of 400 feet above ground level.

• Minimum weather visibility of 3 miles from control station.

• Flight Plan: Except for functional test flights and training flights conducted in uncontrolled airspace (Class G)

a flight plan must be filed. File flight plan at, 1800wxbrief.com - UAS Operating Area (UOA) in Uncontrolled

Airspace.

• The UAS Operator will be a designated Pilot in command and will take and pass all necessary certifications

currently being approved by the FAA administration for commercial use.

• A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all

the days’ production activities.

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of

a tower controlled or uncontrolled airport unless approved by the controlling authority. The DJI Phantom

Vision+ has built in software for all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 2015) for

all DJI drones to download and prevent any possible flights occurring within no-fly zones. DJI Phantom

Vision+ has installed software (code) that denies flights within the FAA no-fly zones.

• If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower

controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated

flight time, flight duration, elevation of flight and other pertinent information.

• The operator will obtain verbal/written consent of all persons involved with the planned operation and

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius

may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the

GOM. With the advanced permission of the FSDO, operations at closer range may be approved.

• The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the

particular UAS to be operated.

• Written and/or verbal permission and permits will be obtained from territorial, state, county or city

jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

• If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the

capability to return to a predetermined location within a designated location and land autonomously.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

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14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

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

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

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

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701

(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to

airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the

UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness

certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. (3 lbs.) fully loaded, carries neither a pilot nor passenger,

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

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the

operator and under the requirements and in compliance with local public safety requirements. The FAA will have

advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and

property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part

21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national

security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted

or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6

inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

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

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed.

Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the

fuselage in compliance with §45.29 (f).

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

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

“Experimental.”

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of

an aircraft that is carrying passengers or property for compensation or hire. An equivalent level of safety can be

achieved by current Regulations because the applicant’s UAS do not carry pilots, passengers or property. The risks

attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14

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CFR 61. The PIC of the UAS will have a Commercial Pilot’s License along with a current Second Class or higher Medical

exceeding the current safety levels in relation to 14 CFR

61.113 (a) & (b).

I feel the operation and limitations set forth in the GOM will equate to the safe operation of the UAS.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be

no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will

exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of

safety will be provided.

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or

Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current

approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on

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

item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground

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

14 C.F.R. § 91.103: Preflight Action.

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

FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will

take all actions as stated in the GOM including but not limited to reviewing weather, flight battery requirements,

landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used

for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their

design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training

without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The

equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by

the size and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any

route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated

platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein,

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the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to

survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200

feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it

is operated. No flight will be taken without the permission of the property owner or local officials. Because of the

advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of

the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less

than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude

operations of the UAS will ensure separation between these UAS operations and the operations of conventional

aircraft that must comply with Section

91.119.

14 C.F.R. §91.121 Altimeter Settings.

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

that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless

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

and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the

limitations on the UASs proposed flight area and the location of its proposed operations within a predetermined area,

a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating

the UAS, in a tightly controlled area where only people and property owners or official representatives who have

signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS

flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that

an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power— whichever

happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from

anywhere in its limited operating area.

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

The regulation provides in pertinent part:

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(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section

or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible

to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no

ability or place to carry certification and registration documents or to display them on the UAS.

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

flying the UAS will have immediate access to them; to the extent they are applicable to the UAS.

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in

subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have

discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in

compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not

apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and

operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will

carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the

UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the

aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance

with the UAS Manufacturer's User Manual. As provided in the GOM, the operator will ensure that the UAS is in

working order prior to initiating flight and perform required maintenance needed.

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Additional Information

The applicant, Neil John Forrest holds an FAA commercial pilot, certificate 3040847, with rotorcraft rating, and

private privileges, SEL airplane. In addition, the applicant holds Airframes and Powerplant ratings, and has previously

held an Inspection Authorization and CFI rotorcraft rating. The applicant holds a current 2nd class medical certificate.

The applicant has demonstrated the knowledge and experience to operate unmanned aircraft safely in the NAS. As

the primary UAS operator Neil Forrest has been involved in piloting remote controlled hobbyist aircraft for more than

5 years, utilizing 6+ channel controllers. Birds Eye UAS is a group of professional aviators with a cumulative total of

14,600 flight hours in fixed and rotary wing aircraft. In addition their collective experience spans 72 years, many of

those operating under Part 135.

Flight operations performed by Birds Eye UAS will employ the use of Lockheed Martin Flight Service UAS traffic

management system, that has been made available to the UAS community. This system is intended to provide a

shared situational awareness and increase safety for UAS operators and pilots.

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for

the grant of the requested exemptions allowing the commercial operation of the applicant’s UAS.

Sincerely,

Neil John Forrest

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