EAGLE VIEW CINEMATOGRAPHY

W8702 440TH AVENUE, ELLSWORTH, WISCONSIN 54011

Kyle Strege

 651-206-2115

 kstrege@yahoo.com

November 7, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w 12-140

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Eagle View Cinematography for Exemption Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012

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, Kyle C. Strege, operator of Eagle View Cinematography, hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation 

of its unmanned aircraft system (“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. I 

am requesting this exemption for two DJI Phantom 3 Professional UAS's to be used for my aerial 

photography business. I additionally request this exemption be granted for use anywhere within US 

airspace system and not confined to a limited geographic area of operation.

Commercial operation of a UAS’s, 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/crop surveying, engineering and other related professional activities.

• 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, roadway structures, 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, natural disaster or law enforcement activity only when the local 

authorities or government has requested it by contract or donation.
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The name and address of the applicant is:

Kyle C. Strege

W8702 440th Avenue

Ellsworth, Wisconsin 54011

Certificate #3254077 Private Airplane, Single Engine Land 

LEGAL AUTHORITY AND OVERVIEW

1. Legal and Regulatory Framework

The FMRA provides that "the Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace system prior to final completion of the 

required Reform Act plan and the subsequent rule-making. § 333(a).

In making this determination, the Secretary of Transportation 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).

§333(b) (1)-(2). Finally, §333 provides that "if the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary 

shall establish requirements for the safe operation of such aircraft systems in the national airspace 

system." §333(c).

The FAA has promulgated guidance for UAS users that wish to obtain a Section 333 exemption. 

The FAA has recommended that an applicant discuss the following items:

1. The safe operation of a UAS to minimize risk to the National Airspace ("NAS"), including 

the operational characteristic for the type of UAS intended for use, operating procedures, 

and aircraft loading information;

2. Operational procedures, including pre-flight inspections, maintenance, and repair;

3. Radio Frequency ("RF") spectrum used for control of the UAS and associated equipment 

that is part of the UAS and whether it complies with Federal Communications Commission 

("FCC") or other appropriate government oversight requirements;
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4. A description of the Pilot in Command ("PIC") directly responsible for the operation of the 

UAS, including the level of airman certificate held, any applicable training related to the 

operation, and any minimum hours of flight experience required by the PIC, both total flight 

time and the time with the particular UAS;

5. The medical standards and certification of the PIC directly responsible for the operation of 

the UAS.

6. The intended UAS operations, including how the operation would not adversely affect 

safety, or how they would provide a level of safety at least equivalent to that provided by 

the rule from which exemption is sought;

7. The proposed maximum operating speed and altitude, and describe the minimum flight 

visibility and distance from clouds for their intended operations, including any potential 

hazards and safety mitigations associated with these proposed conditions;

8. The characteristics of the area of intended operation and the associated potential hazards 

and proximity to populated areas; 

9. The proximity to airports;

10. A description of how the application intends to operate the UAS within visual line-of sight 

("VLOS");

11. Any procedures to conduct a preflight safety risk assessment to determine that the UAS is 

in a condition for safe flight and that the planned operation can be completed safely;

12. To the extent the activity involves operations that have existing requirements, such as 

motion picture and television filming, or pipeline and power line control, how the 

application intends to comply with such regulations; and

13. The applicant's intent to obtain a Certificate of Waiver of Authorization ("COW”) from the 

FAA Air Traffic Organization.

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 

44702 — 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption).

2. Eagle View Cinematography Meets and Exceeds the Legal and Regulatory 

Requirements

As will be shown herein, Eagle View Cinematography meets and exceeds the stated §333 

requirements as well as the guidance promulgated by the FAA. The proposed operations and Uses 

in this petition for exemption qualify for expedited approval under §333 of the FMRA. Each of the 

statutory criteria and other relevant factors are satisfied.

The proposed operations permit the use of small and relatively inexpensive UASs under controlled 

conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that 

(4) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are 

used to accomplish the same purpose.
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Eagle View Cinematography’s UASs are all multi-rotor UASs, weighing 55 or fewer pounds, 

including payload. They operate, under normal conditions, at low speed and have the capability to 

hover and move in the vertical and horizontal plane. Eagle View Cinematography 's UASs will 

operate in a visual line of sight, or pursuant to the prevailing FAA regulations and guidance, and 

will only operate within those areas described in the enclosed Flight Operations Manual.

Given the small size of the UASs involved and the restricted environment within which they will 

operate, the comprehensive safety and operational parameters used by Eagle View 

Cinematography, and Eagle View Cinematography 's commitment to compliance with the 

FAA's regulations now and into the future, this petition for exemption falls within the equivalent 

level of safety that Congress desired the FAA to permit commercial UAS operations by exemption 

pending completion of formal rulemaking. Also, due to the size of the UASs and the restricted area 

in which the UASs will operate, approval of the application presents no national security issue.

In addition, granting the requested exemption will benefit the public interest as a whole in many 

ways, including: (1) significantly improving safety and reducing risk by alleviating human 

exposure to danger; (2) improving overall operations, including safety, for aerial 

photography/cinematography, land/crop surveying, public safety and other related professional 

services, which compared to traditional manned aircraft, will drastically decrease operating costs; 

and (3) providing an environmentally conscientious way of producing aerial data collection.

Considering the clear direction in §333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and 

the significant public benefit, the grant of the requested exemptions is also in the public interest. 

Accordingly, Eagle View Cinematography respectfully requests the FAA grant the requested 

exemption without delay.

MEET EAGLE VIEW CINEMATOGRAPHY

Eagle View Cinematography is a private entity based in Western Wisconsin that intends to 

operate Small Unmanned Aircraft Systems equipped to conduct aerial photography and data 

collection. These aerial data collection services and Uses will be provided to a variety of industries 

in both the private and public sector, including but not limited to commercial and private real estate, 

public safety agencies, and commercial farming. Contact for Eagle View Cinematography:

Eagle View Cinematography 

Attn: Kyle C. Strege

W8702 440th Avenue

Ellsworth, WI 54011

651-206-2115
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November 7, 2015

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PROPOSED OPERATIONS

The attached manuals and materials describe, in detail, the policies and procedures for Eagle View 

Cinematography’s proposed UAS operations. To assist the FAA in its safety assessment of Eagle 

View Cinematography's proposed UAS operations, below is a summary of operational 

limitations and conditions, which will ensure an equivalent or higher level of safety to operations 

conducted under current regulatory guidelines:

1. The UAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the Operator.

3. Maximum total flight time for each operational flight will be limited to the amount 

of time the UAS can be flown and still maintain a reserve battery power of no less 

than 25%.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level ("AGL").

5. Flights will be operated at a safe lateral and vertical distance from and above any 

inhabited structures, buildings, vehicles, vessels, or people not associated with the 

operation or who have not signed a waiver in advance of the operation.

6. The UAS Pilot with Pilot in Command responsibilities for the flight will be the 

designated Operator ("Operator").

7. The UAS will operate only within a confined area as described in the Flight 

Operations Manual.

8. A briefing will be conducted in regard to the planned UAS operations prior to each 

day's missions. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing.

9. The Operator will have been trained in operations of UAS generally and received 

up-to-date information on the particular UAS to be operated as required in the Flight 

Operation Manual.

10. Written and/or oral permission from the relevant property holders will be obtained.

11. All required permissions and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies.

12. If the UAS loses transmission signal, the UAS will have the capability to 

automatically return to a pre-determined location and land.
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13. Contingency plans will be in place to safely terminate flight if there is a loss of 

transmitter communications or a loss of GPS signal.

14. The UAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies.

REQUESTED EXEMPTIONS

In conjunction with the mandates of the Reform Act, the Federal Aviation Act expressly grants the 

FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting 

civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest.

Eagle View Cinematography seeks an exemption from several interrelated provisions of 14 

C.F.R. Parts 21, 45 and 91 for purposes of conducting aerial photography and data collection by 

unmanned aerial vehicles and systems. Listed below are (1) the specific sections of 14 C.F.R. for 

which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has 

established which will ensure a level of safety better than or equal to the rules from which 

exemption is sought.

A. 14 C.F.R. Part 21, Subpart H — Airworthiness Certificates and 14 C.F.R. §

91.2030) and (b)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural 

requirements for the issuance of airworthiness and registration certificates as required by 14 C.F.R. 

Given the size and limited operating area associated with the UAS to be utilized by the Petitioner, 

an exemption from Part 21, Subpart H, meets the requirements of an equivalent level of safety 

under Part 1 1 and §333 of the FMRA.

The Federal Aviation Act and §333 of the FMRA 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 or 

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

least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate 

without restrictions and conditions of the proposed UAS operations.

Equivalent Level of Safety

The UAS to be operated by Eagle View Cinematography the DJI Phantom 3 Professional. The 

Eagle View Cinematography UASs are all multi-rotor UAS, weigh less than 55 pounds with 

payload, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, 

and operate exclusively within a preprogrammed secured and sterile area. Unlike other civil 

aircraft, the proposed operations for all Eagle View Cinematography UASs will be controlled 

and monitored by the Operator pursuant to the Flight Operation Manual's requirements, as 

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

existing commercial and private real estate, public safety operations, and commercial farming 

operations, provide a greater degree of safety to Eagle View Cinematography employees, agents, 

members of 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 Eagle 

View Cinematography UAS, due to its size, speed of operation, lack of explosive materials or 

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

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent Eagle View Cinematography would otherwise require 

certification under Part 27, Eagle View Cinematography seeks an exemption from Part 27's 

airworthiness standards for the same reasons Identified in the exemption request from 14 C.F.R. 

Part 21, Subpart H.

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

Eagle View Cinematography seeks an additional exemption from 14 CFR § 61.113, which 

restricts private pilot certificate holders from flying aircraft for compensation or hire, and which 

would also have the effect of requiring a second-class medical certificate. This provision limits 

private pilots to noncommercial operations.

Equivalent Level of Safety

Because the Eagle View Cinematography UASs will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by requiring a 

ground crew member to have a private pilot's license rather than a commercials pilot's license to 

operate this UAS. Unlike a conventional aircraft that carries the pilot and passengers, the Eagle 

View Cinematography UAS is remotely controlled with no persons on board. In addition, the 

area of operation is controlled and restricted, and all flights are planned and coordinated in advance. 

The risks associated with the operation of the DTAP UASs are so diminished from the level of risk 

associated with commercial operations contemplated by part 61 when drafted, that allowing 

operations as requested with a private pilot in the ground crew exceeds the present level of safety

achieved by 14 C.F.R. sec. 61.113(a) and (b).

Furthermore, the aerial data collection conducted by Eagle View Cinematography will be 

conducted in areas where access to the public is limited and controlled. As such, the operations 

will have no substantial impact on any third persons not involved in the production. Eagle View 

Cinematography also has a policy to conduct its operations, when possible, during times when 

third persons not involved in the production are expected to be limited and to the extent possible, 

to provide notice to affected third persons when production and operations will occur.

Finally, the FAA has consistently provided in its published exemptions that a Pilot in Command 

("PIC") and a Visual Observer ("VO") hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. In addition, the PIC and VO must also hold a current FAA 
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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. See, Exemption 11407.

Because Eagle View Cinematography will (l) operate in controlled areas and under controlled 

parameters, (2) the Eagle View Cinematography PICS and VOS will have a valid airline 

transport, commercial, private, recreational, or sport pilot certificate and a current FAA airman 

medical certificate or a valid U.S. driver's license, and (3) the DTAP UASs will be flown based on 

visual line-of-sight at altitudes below 400' AGL, Eagle View Cinematography respectfully 

request that this exemption be granted.

D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

Eagle View Cinematography seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. 91.9(c), 45.23(b) and 45.270). 14 C.F.R. § 91.9(c), Civil 

Aircraft Flight Manual, Marking and Placard requirements, provides that "no person may operate 

a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this 

chapter."

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the UAS marked 

on its fuselage as required by § 45.29(f). In addition, Eagle View Cinematography is aware of 

the numerous granted exemptions that required the UAS's markings to be "as large as 

practicable." The FAA has previously issued the following related exemptions to the aircraft 

marking requirements of §45.23(b): Exemption Nos. 10700, 10167 and 10167A.

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

Eagle View Cinematography seeks an exemption from the flight manual requirements of 14 

C.F.R. § 91.9(b)(2), which states:

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

Given the physical dimensions of the Eagle View Cinematography UASs, configuration and 

load capacity, the Eagle View Cinematography UASs have no ability to carry such a manual on 

the aircraft, not only because there is no pilot on board, but because there is simply no room or 

capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the 

Eagle View Cinematography UASs' flight manuals at the ground control point where the operator 
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will have immediate access to it. Accordingly, Eagle View Cinematography requests an 

exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the Eagle View 

Cinematography UASs flight manuals be available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, 11333, and 11407 

("documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the UAS any time the aircraft is operating.")

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

Eagle View Cinematography seeks an exemption from 14 C.F.R. § 91.7(a), which requires that 

a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness 

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

exist for determining airworthiness.

Equivalent Level of Safety

All of the Eagle View Cinematography UASs have a stellar safety record, demonstrating that 

the UASs are airworthy. Further, given the size of the Eagle View Cinematography UASs and 

the requirements contained in the Flight Operation Manual for maintenance and pre-flight safety 

check lists, an equivalent level of safety will be provided. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, and 11333.

G. 14 C.F.R. § 91.103: Preflight Action

Eagle View Cinematography seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC 

to become familiar with specific information before each flight, including information contained 

in the FAA approved flight manual on board the aircraft. While the PIC and VO will be familiar 

with all information necessary to safely conduct the flight, an exemption is requested to the extent 

that an FAA-approved flight manual is required on board the aircraft.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Operator's Handbook. The Operator 

will take all required preflight actions - including reviewing weather, flight battery requirements, 

landing and takeoff distance, and aircraft performance data - before initiation of flight. The 

Operator's Handbook will be kept at the ground station with the operator at all times. Further, 

Eagle View Cinematography will utilize all safety and manufacturer's manuals to ensure it 

adheres to the highest standards for safety within the industry.

H. 14 C.F.R. § 91.105 Flight Crew Members at Stations

Eagle View Cinematography seeks an exemption from 14 C.F.R. 91.105, which provides that 

"each required flight crewmember shall be at the crewmember station, keep the safety belt fastened 

and keep his or her shoulder harness fastened while at his or her assigned duty station."
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Equivalent Level of Safety

In general, § 91.105 requires pilot and crew to be at their duty stations and harnessed during flight. 

Petitioner seeks exemption from Section 91.105 because the Eagle View Cinematography UASs 

in the instant petition is by definition an unmanned aircraft, having neither pilot nor crew so as to 

be stationed or harnessed as required by the regulation. An equivalent or even higher level of safety 

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is 

located at and controls the Eagle View Cinematography UASs from the ground control system.

1. 14 C.F.R. § 91.1090: Flight Instruction

Eagle View Cinematography seeks an exemption from 14 C.F.R. § 91.109(a), which 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." UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is 

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

communications.

Equivalent Level of Safety

Given the size and speed of the Eagle View Cinematography UASs, an equivalent level of safe 

training can still be performed without dual controls because no pilot or passengers are aboard the 

Eagle View Cinematography UASs, and all persons will be a safe distance away in the event 

that the Eagle View Cinematography UASs experiences any difficulties during flight instruction. 

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. 

See, Exemption Nos. 5778K & 9862A. The equivalent level of safety is 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. 

Enhancing this safety is the technology inherent in the remote controls utilizing digital 

communications that are paired to the UASs, making it nearly impossible to unintentionally or 

intentionally have the control communications interrupted.

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. Exemptions include: Nos. 

5778K and 9862A.

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

Eagle View Cinematography requests an exemption from the minimum safe altitude 

requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under 

which aircraft may not operate, including 500 feet above the surface and away from any person, 

vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) 

allows for a helicopter to operate at less than those minimum altitudes when it can be operated 

"without hazard to persons or property on the surface," provided that "each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. 

"
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To provide the intended commercial aerial objectives, the Eagle View Cinematography UASs 

are normally operated below 400 feet AGL. Additionally, due the nature of the proposed Uses, the 

Eagle View Cinematography UASs will maintain a safe lateral and vertical distance from 

inhabited structures, buildings, vehicles, and vessels, and from people not associated with the 

operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 55 pounds 

proposed herein, and given the lack of flammable fuel, any risk associated with these operations is 

far less than those that presently exist with conventional aircraft. An equivalent level of safety will 

be achieved given the size, weight, and speed of the Eagle View Cinematography UASs, as well 

as the location where it is operated. As set forth in the Flight Operation Manual, the Eagle View 

Cinematography UASs will be operated in a confined area, where buildings and people will not 

be exposed to operations without their pre-obtained consent. Because of the advance notice to the 

property owners and participants, all affected individuals will be well aware of the planned flight 

operations as set forth in the Flight Operation Manual.
1 1

Furthermore, by operating at such lower altitudes, the Eagle View Cinematography UASs will 

not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, 

the successful safety record of the Eagle View Cinematography UASs demonstrate that the 

Eagle View Cinematography UASs can be safely used at these lower altitudes and closer 

operating environments.

K. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required because the 

Eagle View Cinematography’s UASs do not have a barometric altimeter, but rather a GPS 

altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the Flight 

Operation Manual. As prescribed in the Flight Operation Manual, the operator will confirm the 

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

Operator will use the GPS altitude indicator to constantly monitor the Eagle View 

Cinematography UAS's height, thus ensuring operation at safe altitudes.

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

Eagle View Cinematography requests an exemption from 14 C.F.R. § 91.151 (a)'s fuel 

requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin 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.

Here, the battery powering the Eagle View Cinematography UASs, which are all multi-rotor 

UASs, provide approximately 25 minutes of powered flight. Additional information on the 

battery for each proposed Eagle View Cinematography UASs is attached to this submission. 

To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, UAS flights could not be 

conducted. Given the limitations on the Eagle View Cinematography UASs' proposed flight 

area and the location of its proposed operations within a predetermined area, a safety margin 

based on a reserve amount of battery life is needed. Eagle View Cinematography will not be 

conducting any UAS flights at night.
Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on-site 

without significant transit time by the Eagle View Cinematography UASs. As detailed by the 

attached Operations Manual, all flights will be planned to be terminated with no less than 25% 

reserve battery power still available. This restriction would be more than adequate to return the 

Eagle View Cinematography UASs safely to the ground at its planned landing zone from 

anywhere in its limited operating area even in the event of an unexpected occurrence. Operation 

of the Eagle View Cinematography UASs with less than 30 minutes of reserve fuel does not 

include the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed 

of the small UAS, and the proximity of the flight operation to the landing zone.

This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 

10673, 2689F, 5745, 10673, 10808 and 11333.

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

Registration

Eagle View Cinematography seeks an exemption from civil aircraft certification and 

registration requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part:

(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.

An exemption to this regulation is necessary because: (1) the Eagle View Cinematography

UAS's configuration, load capacity and size does not allow it to carry certification and 

registration documents; (2) the Eagle View Cinematography UASs do not have a cabin or 

cockpit entrance at which documents could be displayed; and (3) there are no passengers or crew 

for whom the certificates need to be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed Eagle View Cinematography 

UASs Uses, an equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the Operator will have immediate access to them.

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos. 9565, 

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

M. 14 C.F.R. § 91.4050, 91.417(a) and

Maintenance Inspections
Eagle View Cinematography also seeks an exemption from the maintenance inspection 

requirements contained in 14 C.F.R. § 91.4050), 

91.417(a) and (b). These regulations specify maintenance and inspection standards in reference 

to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an 

aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption to these regulations is needed because Part 43 and these sections only apply to aircraft 

with an airworthiness certificate, which the UAS will not have.

Equivalent Level of Safety

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

performed in accordance with the attached Operator's Handbook as referenced in the Flight 

Operation Manual. As provided in the Flight Operation Manual, the operator will ensure that the 

Eagle View Cinematography UASs are in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. 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.

If mechanical issues arise, the Eagle View Cinematography UASs' size and carrying capacity, 

and the fact that flight operations will only take place in restricted areas for limited periods of 

time during daylight hours, creates less risk than that associated with conventional rotorcraft 

performing the same operation.

Granting Eagle View Cinematography 's exemption furthers the public interest on numerous 

levels. National policy set by Congress favors early integration of UAS into the national airspace 

in controlled, safe working environments such as those propose in this petition. In addition, 

maintaining industrial safety has been a priority of state and local governments for decades.

Eagle View Cinematography also believes that the use of UASs for aerial data collection and 

the proposed Uses provides a valuable public service and addresses a common public concern: 

safety. The use of UAS's in a controlled and safe manner, as described herein for the collection 

of aerial data and the proposed Uses, provides a far safer alternative to the collection of that same 

data by manned aircraft. In addition, in the event of an unforeseen incident, a UAS causes far 

less disruption than traditional manned aircraft.

In addition, conducting aerial data collection from the Eagle View Cinematography UASs, 

meets another common public concern in the noise and pollution caused by traditional manned 

aircraft. The use of UASs significantly reduces the levels of air and noise pollution generated 

during traditional aerial data collection service operations conducted by manned aircraft. By 

using battery power and electric motors, the UAS produces no air pollution, and is the most 

viable environmentally conscious alternative to piston or turbine powered rotorcraft. The UAS, 

while reducing the carbon footprint for aerial data collection, also eliminates noise pollution as 
its battery powered electric motors are barely audible during the take-off phase, and cannot be 

heard when operating more than 100 feet above ground level.

By using the Eagle View Cinematography UASs for the proposed operations, the substantial 

risk to life and property in the air and on the ground, which is usually associated with traditional 

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

from the lack of aircrew members located onboard the aircraft, the minimal size and weight of a 

UAS creates 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 for aerial data collection. 

Relatedly, the UAS contains no reactive or combustible materials on board and thus the potential 

for fire or explosions is greatly diminished.

In addition, granting the exemption will help advance the knowledge base for conducting 

commercial UAS operations. This additional data will help the FAA set future rules regarding 

UAS flight operations, maintenance, and crew qualifications. The public also has an interest in 

reducing the hazards and emissions associated with alternate use of helicopters to conduct similar 

aerial data collection. The proposed Eagle View Cinematography UASs are very light weight 

and do not carry any flammable fuel, further reducing the risk from any potential accident.

[PRIVACY

All of the proposed flights and data collection will be conducted only after obtaining any 

individual subject matter's permission. All flights will occur over public right-of-way or private 

property with the property owner's prior consent and knowledge. The proposed operations will 

not impact privacy concerns beyond those already implicated by manned aircraft aerial data 

collection operations.

I FEDERAL REGISTRY SUMMARY

Pursuant to 14 C.F.R. Part 1 1, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Eagle View Cinematography seeks an exemption from the following rules:

14 CFR Part 21, Subpart H

14 CFR 45.23(b), 45.27 

14 C.F.R. 61.113

14 CFR 91.7(a)

14 CFR 91.9(b)(2) 

14 CFR 91.9(c)

14 CFR 91.103

14 CFR 91.105

14 CFR 91.109

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)

Approval of these exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("UAS") to conduct aerial data collection will enhance safety by reducing risk 

to Eagle View Cinematography, the general public and property owners.

The Eagle View Cinematography UASs, all weighing less than 55 pounds, with payload, and 

powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The UAS will carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights.

The operation of the Eagle View Cinematography UASs will provide an equivalent level of 

safety, supporting the grant of the exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight UASs operate at slow speeds, close to the ground, and in a controlled environment. 

As a result, they are far safer than aerial data collection operations conducted with manned fixed 

wing aircraft or helicopters.

CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act—size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line 

of sight and national security—provides more than adequate justification for the grant of the 

requested exemptions to permit Eagle View Cinematography to operate UASs for aerial data 

collection operations in accordance with the Flight Operation Manual appended hereto.

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (l) significantly improving safety and reducing risk by alleviating human exposure to 

danger, (2) improving aerial data collection service operations and decreasing operating costs, 

and (3) providing an environmentally conscientious way of producing data by aerial means.

Please do not hesitate to contact me at any time if you have any questions about this exemption 

request or its attached documents.

Sincerely,

Kyle C. Strege

Chief Pilot, Eagle View Cinematography
Enclosures: 

Eagle View Cinematography Flight Operations Manual (Note: The Flight Operations 

Manual is confidential proprietary information and not intended for public release)

Phantom 3 Professional - User Manual

Phantom 3 Professional - Safety Guidelines

Phantom 3 Professional - Flight Battery Safety Guidelines