UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

**IN THE MA TTER OF THE PETITION FOR EXEMPTION OF:** 

**Eagles View A erial L.L.C.**  **FOR A N EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERA**  **L REGULA TIONS**  **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), A**  **ND 91.417(a) & (b) CONCERNING COMMERCIA L** 

**OPERA TION OF UNMA**  **NNED AI**  **RCRA FT SYSTEMS**  **PURSUA NT TO SECTION 333 OF**  **THE FAA**

**MODERNIZA TION A**  **ND REFORM A CT OF 2012**  **(PUBLIC LA**

**W 112**

**- 95)** 

Submitted on September 9 , 2015 Paul Barsamian, Managing Partner Eagles View Aerial L.L.C. 2426 Robincrest Lane Glenview IL 60025 847

- 778

- 0874**TA BLE 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 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM W HICH Eagles View Aerial L.L.C. SEEKS EXEMPTION 8

THE EXTENT OF RELIEF Eagles View Aerial L.L.C. SEEKS AND THE REASON Eagles View Aerial L.L.C. SEEKS THE RELIEF 11

THE REASONS WH Y GRANTING Eagles View Aerial L.L.C.s REQUEST WO ULD BE IN THE PUBLIC INTEREST 15

THE REASONS WH Y GRANTING THE EXEMPT ION WO ULD NOT ADVERSELY AFFECT SAFETY 19

SUMMARY THAT CAN BE PUBLISH ED IN THE FEDERAL REGISTER 34

ANY ADDITIONAL INFORMATION, VIEWS , OR ARGUMENTS

AVAILABLE TO SUPPORT Eagles View Aerial L.L.C.’s REQUEST 34

CONCLUSION 35

APPENDICES 36**GLOSSA RY OF**  **ABBREVIA TIONS** 

**AG L**  Above Ground Level **AO I**  Area of Intere st **AT C**  Air Traffic Control **AT O**  Air Traffic Organization **AV** Aerial Vehicle **CFR** Code of Federal Regulations **COA** Certificate Of Authorization **FAA** Federal Aviation Administration **FA R**  Federal Aviation Regulation **GCS** Ground Control Station **GPS** Global Positioning System **LOL** Loss Of Link **NA S**  National Airspace System **NOTA M**  Notice To Airman **PIC** Pilot In Command **Section 333** FAA Modernization and Reform Act of 2012 (FMRA) Section 333 **SO** Safety Observer **SOP** Standard Operating Procedures **UA** Unmanned Aircraft **UA S**  Unmanned Aircraft System **VFR** Visual Flight Rules **VLOS** Visual Line Of Site **VMC** Visual Meteorological Conditions **VTOL** Vertical Take

- Off and Landing**SUMMA RY** 

Eagles View Aerial L.L.C. 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 Moderni zation and Reform Act of 2012 (FMRA). This exemption will permit to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video

, photography , and data gathering through sensors of farm land, utilities such as generators or power lines, oil & gas pipeline and facilities inspections, construction site monitoring , real estate , insurance inspections, architecture, engineering inspection of structures or land, public safety & service consulting, and artistic photography for f ilm or media over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  Eagles View Aerial L.L.C. has been designing and developing small unmanned aircraft systems for nearly 10 years. Paul Barsamian, (managing partner , Eagles View Aerial L.L.C. ) has more than 15 years of flight experience, including as an instructor in AMA sanctioned clubs, and was previously a sponsored/team pilot for Hi robo Limited, (Japan ) and Ikarus USA flying hundreds of hours of both fixed and rotary wing demonstrations at AMA sanctioned events. Paul is also an experienced engineer and information systems consultant and provides consultation to agriculture, energy & utilities, construction, architecture/urban planning, film, and engineering/inspection org anizations.

Eagles View Aerial L.L.C. seeks to provide unmanned systems consulting and operations in commercial applications to help clients obtain better and more consistent imaging and data for a wide variety of purposes from analytics to art.

Services provided by Eagles View Aerial L.L.C. will benefit a number of industries including

 Agriculture (imaging and data analytics)

 Utilities and Energy efficiency and safety

 Construction monitoring, management, and analytics

 Public Safety ( consulting ) for police, fire and rescue

 Local film and artistic interests

 Insurance

 Architecture and urban planning**BA CKGROUND** 

Eagles View Aerial L.L.C. seeks an exemption to operate several unmanned aircraft within the NAS. These aircraft are listed below and will henceforth in this document be referred to as “the afore mentioned UAS” collectively. All aircraft o perated will be under 55 lbs AU W, (to be measured, logged, and reported with each flight) and will never exceed 400ft AGL in altitude (verified using flight plan logs and altitude restrictions programmed into the flight controllers).

Rotary W ing: A Tarot 18 based octocopter running 18” propellers. The Octocopter is 1800mm in diameter, running a Pixhawk flight con troller and operated over both 2.4ghz and 900mhz frequencies

. AUW will depend on camera being used (setup for multiple) and will be under 5 5 lbs regardless of payload.

Two Kong Kopter based quadcopters running 18” propellers and having a 900mm diameters an d running Pixhawk flight controllers operated over both 2.4ghz and 900mhz frequencies. AU W will be under 20lbs each depending on cameras used by application

A Tarot 680 based hexacopter with 13” propellers having a 700mm diameter running Pixhawk flight c ontrollers operated over both 2.4ghz and 900mhz frequencies . AU W will be under 9lbs

.

Fixed W ing: An AgEagle Rapid 1 fl ying wing using a single electric motor and designed and built for agriculture surveillance and mapping. The Rapid 1 will be rail launc hed in field to run autonomous missions complying with VFR rules and will be carrying a Micasense 5 band camera. The AUWwill be under 20lbs

All aircraft will be operated using Lithium Polymer batteries bought commercially specifically for use in unmanne d aircraft.

The UAS's that will be operated by Eagles View Aerial, 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

.

**BA SIS FOR PETITION**  Petitioner, Eagles View Aerial , 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 the Administrator to commercially operate the above mentioned UAS's in the National Airspace System (NAS), and for an exemption from the Unmaned Aircraft Systems requirements of 14 C.F.R §§ 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associatedwith the unmanned aircraft and its operation, Eagles View Aeria l L.L.C. operation of the

aforementioned UAS's 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, Eagles View Aerial requests relief from Sect ions 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.

Eagles View Aerial submits that the requested relief is proper since an equivalent level of safety will be ensured. Eagles View Aerial will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods , techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and Pixhawk/flight control instruction manuals ). Furthermore, Eagles View Aerial will document and maintain all maintenance records for the aforementioned UAS 's as well as maintain flight logs for all commercial flight operations. The flight logs will be provided in raw digital format and as required, compiled into digital spreadsheet format and available to the FAA or aviation authorities upon request

. The f light logs include position, location, duration, altitude, attitude, system information and errors, and other information pertinent to the safe operation of the UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Eagles View Aerial to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and current requirements, that the PIC is able to safely operate the aforementioned UASs , including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Eagle s View Aerial seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the aforementioned UAS's do not require an airworthiness certificate in accordance with 14 C.F. R. Part 21, Subpart H. As such, Eagles View Aerial submits that they will ensure that the aforementioned UASs are in an airworthy condition, prior to every flight, by determining that the UAS's are in compliance with the operating documents (i.e., Monthly Maintenance Log, Flight control Instruction Manual), and that the aircraft are in a condition for safe flight through an extensive physical inspection of the UAS

. Eagles View Aerial also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings. The UAS's will all have barometric altim eters onboard that will be used to control and limit altitude and these will be used for both controlling altitude (limiting) as well as logging the flight operation. However, the altitimeters are not programmable/do not operate in the same manner as full scale aircraft and as such will be used in conjunction with Global Positioning System (GPS) equipment and radio communications telemetry data link, to which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude informat ion, combined with Eagles View Aerials operation of the aforementioned UAS's within visual l ine of sight, at or below 400 feet AGL, will ensure alevel of safety equivalent to Section 91.121. Additionally, Eagles View Aerial seeks an

exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Eagles View Aerial submits that safety will not be affected by operation of the aforementioned UAS's during daylight hours in visual me teorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 45 minu tes for the intended data gathering or photo/video activities and, assuming normal cruising speed, to fly after tha t for at least 2.5 minutes for recovery and landing. In accordance with 14 C.F.R. § 11.81, Eagles View Aerial provides the following information in support of its petition for exemption:

**A. Name A**  **nd Ad**  **dress Of The Petitioner** The name and address of the P etitioner and point of contact is: Paul Barsamian Eagles View Aerial L.L.C. 2426 Robincrest Lane Glenview IL, 60025 847

- 778

- 0874 Email: pbarsamian@eaglesviewaerial.com

**B. The Specific Sections Of 14 C.F.R. From Which Eagles View A** **erial seeks**  **Exemption**

**1. Eagles View A** **erial Seeks Exemption From The Requirements Of**  **Section 61.113(a) A nd (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, fo r 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. Ea**  **gles View A erial**  **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. Eagles View A** **erial 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; (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 depart ure airport or an appropriate altimeter setting available before departure.

**4. Eagles View A** **erial Seeks Exemption From The Requirements Of**  **Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states t he 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. Eagles View A** **erial 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. Eagles View A** **erial Seeks Exemption From The Requirements Of**  **Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration ,subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

**7. Eagles View A** **erial Seeks Exemption From The Requirements Of**  **Sections 9 1.409(a)(1) A**  **nd 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no 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. Eagles View A** **erial Seeks Exemption From The Requirements Of**  **Sections 91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), st ate 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: 11 (1) Records of the maintenance, prev entive 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, roto r, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the 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. 12 (2) The records specified in paragraph (a)(2) of this section shall be retainedand transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects fur nished 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 Eagles View A** **erial Seeks A**  **nd The Reason Eagles View**  **Ae rial**  **Seeks The Relief. 1. Extent Of Relief**  **Eagles View A erial**  **Seeks A nd The Reason**  **Eagles View A erial**  **Seeks Relief From Section 61.113(a) A nd (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 flig ht operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or 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, Eagles View Aerial submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the aforementioned UAS's unless that PIC has met certain flight

- hour and

a nd current requirements, demonstrating that the PIC is able to safely operate either the

a forementioned UAS's in a manner consist ent with the operations specifications as described in this exemption, including evasive and emergency
maneuvers, as well as maintaining appropriate distances from people, ve ssels, vehicles and structures.

F urther, Eagles View Aerial submits that all flights of the afore mentioned UASs

, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Eagles View Aerial 's business; and (2) will not carry passengers for compensation or hire.

**2.Extent Of Relief Eag**  **les View A erial**  **Seeks A nd The Reason**  **Eagles View A erial**  **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 Eagles View Aerial to determine that the aforementioned UAS's are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log and flight control manuals. ) Eagles View Aerial seeks the requested relief becau se the aforementioned UAS's do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Eagles View Aerial will ensure that the aforementioned UAS's are in airworthy condition based upon its compliance with the o perating documents (i.e ., Monthly Maintenance Log, and flight control Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.**3. Extent Of Relief Eagles View A** **erial Seeks A**  **nd The Reason Eagles View A** **erial**

**Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the Aforementioned UAS's, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude informati on concerning UAS ope rations be reported to air traffic control (ATC) in feet above ground level (AGL), Eagles View Aerial seeks the requested relief because the aforementioned UAS’s altimeters 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 aforementioned AP UAS's are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.

**4. Extent Of Relief Eagles View A** **erial Seeks A**  **nd The Reason Eagles View A** **erial Seeks Relief From Secti**  **on 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 aforementioned UAS's during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 45 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes. Eagles View Aerial seeks the requested relief because without

an exemption from Section 91.151(b), the flight time duration of the battery powered UAS's will severely constrain the practicality of any aerial data gathering, video or still photo flight operations that Eagles View Aerial proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the aforementioned UAS's, operating documents and Eagles View Aerial ' s proposed operating limitations, ensure that Eagles View Aerial will safely operate the battery powered UAS's during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power t o fly for a total duration of 45 minutes to the first point of intended landing and, assuming no rmal c r uising speed, to fly after that for at least 2.5 minutes.

**5.Extent Of Relief Eagles View A** **erial Seeks A**  **nd The Reason Eagles View A** **erial Seeks Relief From Sections 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), A nd 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, Eagles View Aerial requestsrelief from these Sections because the aforementioned UAS's do

not require airworthiness certificates. As set forth more fully below, the aforementioned UAS's meet the conditions of FMRA Section 333 for operation without an airworthi ness certificate. Accordingly, Eagles View Aerial will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and flight control Instruction Manual). F urthermore, Eagles View Aerial will document and maintain all maintenance records for the aforementioned UAS's.

**D. The Reasons Why**

**Granting Eagles View A** **erial Request Would Be In The**  **Interest; That Is, How It Would Benefit The Public A s A**  **Whole.** Granting the present Petition will further the public interest by allowing Eagles View Aerial to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additionally, use of the aforementioned UAS's will decrease congestion of the NAS, reduce pollution, and pro vide significant benefits to the economy. In addition, the use of Eagles View Aerial UAS for agriculture studies, data gathering, and crop health wil l assist farming operations in the US in boosting yield, reducing chemical use in farm fields, and provide more timeline information about crop stress and disease to local Co

- ops and agriculture consulting. Notably, the benefits of Eagles View Aerial ' s proposed operation of the UAS's will be realized without implicating an y privacy issues.

**1.The Public Will Benefit From Decreased Congestion Of The NA S.**  The aforementioned UAS's are battery powered and serve as a safe, efficient, and economical alternativ e to the manned aircraft traditionally utilized to obtain aerial imagery and data in multiple operations . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the aforementioned UAS's would reduc e 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 air ports caused by arriving and departing aircraft will be reduced. The aforementioned UAS's do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting agriculture data gathering, aerial video and photography missions wo uld result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety A nd Efficiency**  **Of The Afore M**  **entioned UA** **S's.** 17 Conducting aerial acquisitions with the Afore mentioned UAS's instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the afore mentioned UAS's produce no air pollution, and is the mostviable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized foraerial video and photography while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The afore mentioned UAS's, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA 's are propelled by battery powered electric motors, rather than an internal combustion engine. By using the a fore mentioned UAS's to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually asso ciated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the Afore mentioned UAS's (weighing under 55 lbs , at their maximum g ross weights with respectively (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 similar operations (weighing approximate ly 6,000 pounds, and a fuel capacity of 180 gallons. 18 **3. Performing A erial Video and Photography**  **Operations With The afore**  **mentioned UA** **S's Will Benefit The Economy.** In addition to being safe and efficient, the Afore mentioned UAS's are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the Afore mentioned UAS's will allow United States based companies, like Eagles View Aerial 's to remain competitive and contribute to growth of the U.S. econo my. Specifically, with the rising 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 aforementioned UAS's is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operationa l cost of a traditional manned aircraft. By operating the afore mentioned UAS's, companies such

as Eagles view Aerial can remain competitive and profitable and therefore, provide greater job stability to employees and contractors, which will ultimately con tribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the afore mentioned UAS's, 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. **4.There A re No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted fordecades, Eagl es View Aerial 's proposed operation of the afore mentioned UAS's will not

implicate any privacy issues. Specifically, the afore mentioned UAS's will be operated only in compliance with operating documents documen ts (i.e . Aerial Operations Manual, Monthly Maintenance Log, and the afore mentioned UAS flight control systems Instruction Manual's) which requires property owner imvolvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimu m altitude requiremants of 14 C.F. R. § 91.119. **E. The Reasons Why**

**Granting The Exemption Would Not A dv** **ersely A**  **ffect Safety, Or How The Exemption Would Provide A**  **Lev el Of Safety** 

**A t Least Equal To That**  **Provided By**

**The Rule From Which Eagles View A** **erial Seek** **s Exemption. 1. Reasons Why** 

**The afore mentioned**  **UA S's Meet The**  **Conditions Of The FAA Modernization and Reform A** **ct of 2012 (FMRA )**  **Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Eagles View Aerial 's operation of the Afore mentioned UAS's meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the foll owing, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate s afely 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. 20 (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under

s ubsection (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 saf ely 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, Eagles View Aerial submits that the afore mentioned UAS's

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Afore mentioned UAS's; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The Afore mentioned**  **UA S's**  **Demonstrate Its Safe Characteristics.** The Aforementioned UAS's do 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 afore mentioned**  **UA S's.**  The technical specifications of the Afore mentioned UAS's are set forth by the Afore mentioned Specifications and Data Sheet, attached hereto as Exhibit A and B. 21

**ii. The Af** **ore mentioned UA** **S's A utonomous**  **Flight A nd Navigation Modes Enable The UA** **S's To Remain Within A Defined Operational A**  **rea.** The afore mentioned UAS may be operated in both manual and fully autonomous flight modes.

**Iii. The afore mentioned**  **UA S's A**  **re Designed For Au**  **tomatic Return To Home Point Or Hover**  **and land In The Event Of Loss Of**  **The Control Link Or Navigation Ab**  **ilities**

**.** If the Control Link is lost , GPS navigation signals are lost, battery shows signs of decay, or if other component failures are detected, the afore mentioned UAS are programmed to maintain position while initiating a landing procedure or returning to home as able. These capabilities can be demonstrated and are logged as part of the flight log and navigation done during operation. Programming of the safety features is described in the Pixhawk open source documentation for the flight controller.

**iv. The Afore mentioned**  **GCS A nd Its**  **Operation.** A complete description of the operation and specifications of the afore mentioned UAS and flight control software is provided on the Pixhawk online open source documentation as well as by AgEagle as required (Ag Eagle documentation is closed sourced and copywrited).

**b. Flight Operations Of Afore mentioned**  **UA S's**  **Ar e Limited To The Line Of**  **Sight Of A Certificated Pilot in Command**  **With A Safety**  **Observer.** Eagles View Aerial will only utilize certificated pilots who possess a current andvalid airman medical certificate to act as a pilot in command (PIC) of the afore

mentioned UAS's. Additional ly, a safety observer will assist all pilots during flight time. **c. Flights Of Af** **ore mentioned UA** **S's Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Eagles View Aerial proposes to commercially operate afore mentione d UAS's for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following

a ircraft described in the operating documents, rotorcraft UAS's weighing less than 55 pounds maximum gross weight: afore mentioned Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this g rant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UA may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no m ore than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA's 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. 23 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to co mmunicate 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 SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to opera te the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations containe d in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in i ts operating documents. The operator may update or revise itsoperating 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 updat ed 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 m ust 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 a lterations 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. 24 13. The operator must follow the UAS manufacturer’s aircraft/co mponent, 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, altera tions, 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's operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. Th e PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to sa fely 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). Flights for the purposes of training the operator’s PIC's are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training session s. During training,proficiency, and experience

- building flights, all persons not essential for flight

operations are considered nonparticipants, and the PIC must operate the UA with appropriate 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). If flight at night is required, a special request will be made at the FAA office clo sest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 25 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 sign al, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of 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 UAS with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to A irman (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 t ransponder 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, Subp art C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS 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 theUAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request. 29. The UAS 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. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: 26 a. Barriers or structures are present that sufficiently protect no nparticipating persons from the UAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 50 0 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 asse ssment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a ). 32. 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. 33. 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) wi thin 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB W eb site: www.ntsb.gov

. **2. Reasons Why**

**A n Exemption From The Requirements Of Section 61.113(a)**  **An d (b) Would Not**  **Ad versely**  **A ffect Safety.**  Eagles View Aerial 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 afore mentioned UAS's unless that PIC has demonstrated, by meeting minimu m flight

- hour and currency requirements, that the PIC is able to safely operate the afore mentioned UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures. Considering Eagles View Aerial 's proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge 27 requirements to those of commercial pilot requirements (See Exempt ion No. 11062); andthe airmanship skills necessary to safely operate the afore mentioned UAS, Eagles

View Aerial submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills nec essary for Eagles View Aerial '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 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Eagles View Aerial will not allow any PIC to operate the afore mentioned UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements of the afore mentioned UAS training and currency requirements, that the PIC is able to safely operate the afore mentioned UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintai ning 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 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Eagles View Aerial 's proposed operations. The Administrator has he ld that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these m inimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requi rements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, andexperience

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

distances in accord ance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Eagles View Aerial will ensure safe operations by not allowing any PIC to operate the Aforementioned UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Aforementioned UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 29 **3. Reaso ns Why** 

**A n Exemption From The Requirements Of Section 91.7(a)**  **Would Not A dv** **ersely A ffect Safety** 

**.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Eagles View Aerial will ensure that the afore me ntioned UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circu mstances 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**

**A n Exempt**  **ion From The Requirements Of Section 91.121 Would Not A** **dv ersely A**  **ffect Safety**

**.** The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the afore mentioned UAS's will 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 Eagles View Aerial 's operation of the afore mentioned UA's within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed on board the aircraft. Prior to each flight , a zero altitude initiation point is automatically established by the UAS's at ground level. The FAA has previou sly granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exe mption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 30 **5. Reasons Why**

**A n Exemption From The Requirements Of Section 91.151(b)**  **Would Not A dv** **ersely A ffect 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 afore mentioned UAS's; (2) the limitations on the proposed flightoperations ; and (3) the location of the proposed flight operations. Accordingly, Eagles

View Aerial will ensure that he will safely operate the battery powered afore mentioned UA's during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the afore mentioned UAS's the limitations on th e proposed flight operations and the l ocation 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 afore mentioned UAS's provide audible and visual warn ings to the PIC at the GCS when the UA's experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the afore menti oned UAS's will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Sect ion 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**

**A n Exemption From The Requirements Of Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) &(b)**  **Would Not A dv** **ersely A ffect Safety** 

**.** In seeking this exemption, Eagles View Aerial 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 Eagles View Aerial will use trained technician s to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, techniques, and practices prescribed in the operating documents i.e., the Operations Manual, Monthly Maintenance Log, and Afore mentioned Instruction Manual. Furthermore, Eagles View Aerial will document and maintain all maintenance records for the Afore mentioned UAS's. Since the Afore mentioned UAS's will be inspected as prescribed by the operating documents, Eagles View Aerial will maintain the equivalent le vel of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the Afore mentioned User Manuals are attached hereto asExhibit C and D; a copy of the a fore mentioned UAS

Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Eagles View Aerial 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 a fore mentioned UAS's will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely af

fected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Eagles View Aerial 's proposed operating limitations, the operating documents, and the technical aspects of the afore mentioned UAS's, Eagles View Aerial 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 si milar, 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**

**Ma y**  **Prescribe A ny** 

**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, Eagles View Aerial requests that the FAA prescribe special conditions for the intended operation of the afore mentioned UAS's, 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). Such special conditions will permit safe operation of the UA's for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose

a threat to national security and further, provides the authority for such UAS to 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 Administra tor may prescribe special conditions pursuant to 14 C.F.R. §21.16, for operation of the Afore mentioned UAS's, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due tothe novel or unusual des ign 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, it may prescribe special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapt er 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 Secti on 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Eagles View Aerial 's intended operation of the afore mentioned UAS's, which contain such safety standards that the administrator finds necessary to establish a level of safety equiv alent 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 s tating: The Rules**  **From Which Eagles View A** **erial Seeks Exemption:**  Eagles View Aerial 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**  **Eagles View A erial**  **Seeks:** This exemption will permit Eagles View Aerial to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain are as of the United States.

**G. A ny**  **A dditional Information, Views, Or A**  **rguments Available To Support**  **Eagles View A** **erial 's Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS may operate safely in the NAS. As such, Eagles View Aerial 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, Eagles View Aerial will operate the afore mentioned UAS's 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, Eagles View Aerial 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 afore mentioned UAS's commercially, without an airworthiness certificate, for the l imited purpose of conducting aerial video and photography over certain areas 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 adv ancing the interests of the public, by allowing Eagles View Aerial to safely, efficiently, and economically operate the Afore mentioned UAS's commercially within the NAS.

**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Eagles View Aerial respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Eagles View Aerial to operate the Afore mentioned UAS's commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: September 9th , 2 015 Respectfully submitted, Eagles View Aerial L.L.C.