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US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation
February 5, 2016

Pablo Terreros Eye In The Sky Rentals, LLC 5234 Lafayette Ave Sebring, FL 33875 contact@eyeintheskyrentals.com

U.S Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151 (a); 14CFR 91.203(a) and (b); 14CFR 91.405 (a); 14CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Pablo Terreros herebyapplies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.

Thankyou in advance foryour consideration.



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# ........Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Aerial photography and videography 2. Real Estate 3. Crops 4. Search and Rescue 5. Inspections

As described fully below, the requested exemption would.permitthe operation of designated UAS as setforth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safetyto aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to n•••• establish requirements for the safe operation ofsuch aircraft systems in the national airspace system. 11

The name and address ofthe applicant is



### Pablo Terreros Eye In The Sky Rentals, LLC 5234 Lafayette Ave Sebring, FL 33875 contact@eyeintheskyrentals.com

From which the exemption is requested: 14 CFR Part 21 subpart H 

### 14CFR 

### 45.23 (b) 

### 14 CFR 

### 61.113 (a) 

### & (b) 

### 14 CFR 

### 91.7 (a) 

### 14 CFR 

### 91.9 (b) 

### (2) 14CFR 

### 91.103 14CFR 

### 91.109 14 CFR 

### 91.119 (c) 

### 14 CFR 

### 91.121 14CFR 

### 91.151 (a) 

### 14 CFR 

### 91.203 (a) 

### 14 CFR 

### 91.405 (a) 

### 14 CFR 

### 91.407 (a) 

### 14CFR 

### 91.409 (a) 

### 14 CFR 

### 91.417 (aAs in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described bythe petitioner and carrying no passengers orcrew, rather than a manned aircraft ofsignificantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause tofind thatthe UAS operation enabled bythis exemption is in the public interest.



### Pablo Terreros Will operate one or more ofthe Following model UAS.



### DJI Phantom DJIInspire

Safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly lessthan 55 lbs.

2. The UAS, depending on the model in operation, wiU have a maximum operating speed of no morethan 50mph.

3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UASmodel in operation, butwill not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlight time whichever occursfirst.



### 5. Flights will be operated at an altitude of no morethan 400 feet Above Ground Level (AGL} and not morethan 200feet above an elevated platform from which filming is planned.



### 6. Minimum crewfor each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day's flights consisting of all the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC} only.

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.The flights will occur in Class G airspace no closer than a mile radius ofthe geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operator will do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensurethat only consenting persons will be allowed within 100 feet'ofthe flight operation, and the radius may be reduced to 30 feet based upon an eqttivalent level of safetydetermination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have beentrained in operation of UAS and receive upto date information forthe particular UASto be operated.

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16.The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will havethe capability to return to a predetermined location within a designated location and land autonomously.

19. The UASwill have the capability to abort a flight in case of emergencies with
an automated "Return Home and Land" function.

20. The UASwill have the capabilityto abort a flight in case of unpredicted obstacles, weather, oremergencies such as low battery.

21. Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must

### be reported to the FAA's UAS Integration Office (AFS-80)within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled**~irworthiness** Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike other civil aircraft, operations underthis exemption will betightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These.safety enhancements provide a greater degree of safetyto the public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part21, SubpartH. Lastly, application ofthese same criteria: demonstratesthatthere is no credible threatto national security posed bythe UAS, dueto its size, speed of operation, location ofoperation,**lac~** of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also displayon that aircraft
neareach entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor morethan 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental/' or "provisional/' as applicable.

14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also displayon that aircraft
near each entrancetothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 incheshigh, the words "limited/' "restricted/' "light sport/"'experimentalf or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed asthe UAS will have no entrancetothe cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. Theword 11Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February 

### 20, 2015 The equivalent level ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and othersworking with the UAS will see the identification ofthe UAS as "Experimental." 14 C.F.R. § 61.113 (a) and (b The proposed UAS operations mayachieve an equivalent level ofsafety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed thatthe operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety checklists priorto each flight, an equivalent level ofsafetywill be provided. 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 {b) {2) provides: No person may operate a U.S. registered civil aircraft

... (2) For which an Airplane or

IRotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but becausethere is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual atthe ground control point where the pilotflying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions beforeflight to insurethe safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 providesthat no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft has fully functioning dual controls. UAS and remotely,piloted aircraft, bytheir design do not have fully functional dual controls. Flightcontrol is accomplished through the use of a control boxthat communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a numberof aircraft and for flight instruction in·experimental aircraft. The equivalent level of safety is provided bythefactthat neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation ofcivil aircraft. Section 91.119 {d) allows helicoptersto be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes upto 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will neveroperate at higherthan 400 AGLwith the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UASwill not be operated more than 200feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will notbe exposed to operations without their pre

### ob~ained consent. The equivalent level ofsafetywill be achieved given the size, wetght, and speed ofthe UAS as well as the location where it is operated. Noflight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack of flammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown onthe GPS altitude indicator before flight.

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individualfrom beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The applicant believes that an exemption from 14CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property
owners or official representatives who have signed waivers will be allowed does notengenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believesthat an equivalent level of safetycan be achieved by limiting flights to 30 minutes or25% ofbattery power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

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14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1 ) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551 b limit and is operated without an onboard pilot. As such, there is no ability or placeto carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections. These regulations require that an aircraft operatororowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level ofsafetywill be achieved becausethe UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period oftime. If mechanical issues arisethe UAS can land immediately and will be operating from no higherthan 400feet AGL. The operatorwill ensure that the UAS is in working order priorto initiating flight, perform required maintenance, and keep a Jog of any maintenance performed. Moreover, the operator isthe person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level of safetywill be achieved because maintenance and inspectionswill be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operator will ensurethatthe UAS is in working order priorto initiating flight and perform required maintenance needed.

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The applicant PabloTerreros believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 ofthe Reform Act of2012, providing sufficientjustificationforthe granting of commercial operations ofthe applicant's UAS. I also feel its in the public's interest on granting the exemption, aswe can educatethem atthe same time. And all the positive sides ofthe newtechnology and the levels of safety.

The applicant PabloTerreros requests your respective approval ofthis Section 333 exemption petition request.

Thankyou for your attention in this matter Pablo Terrerosofyour actions, and or approvals. Thank you, for your interest in this request.

Sincerely,

Pablo Terreros Eye In The Sky Rentals, LLC