Johnny Eaker

1501 County Road 274, Columbia, MO 65202 johnnyeaker@gmail.com

PHONE FAX WEB

[Your Phone] [Your Fax] [Web Address]

March 14, 2016

U.S. Department of Justice

Docket Management System

1200 New Jersey Ave

Washington, DC 20590

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

To Whom it May Concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Johnny Eaker, 

(“Johnny Eaker”) Operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to offer on-demand commercial UAS operations 

for a host of industries and applications and to perform the purposes listed below, hereby applies for an exemption from the listed 

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

within and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 

333 or Section 49 U.S.C. §44701(f) 

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

airspace that is 1) limited; 2) predetermined; and 3) would provide safety enhancements in the fields in which it will operate, which 

now depend upon conventional aircraft or humans climbing high on dangerous structures, walking in insect laden swamps, and 

working adjacent to treacherous infrastructure. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “... establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act.1

Description of Type, Make and Models of sUAV/UAS Requested:

The petitioner is seeking an exemption to commercially operate sUAV’s makes and modes as follows: 

DJI - Phantom 2, DJI - Phantom 3, DJI - Inspire 1, DJI – Spreading Wings S800, DJI – Spreading Wings S900, DJI – Spreading Wings 

S1000, DJI – Matrics 100, Cinestar 8 Octo, Altavian Nova F6500, Blade 350 QX3, AgEagle, 3DRobotics X8, 3DRobotics Iris, 3DRobotics 

Solo, SenseFly eBee, Yuneec Q500 Typhon, DraganFlyer X4-ES, Trimble UX5, Microdrones MD4 

Each separately weighs 55 lbs. or less, with imaging payload and applicable equipment.

 

1

 Johnny Eaker relies upon the following exemptions where specific reference to an exemption is not provided: Exemptions 11062 

thru 11067, 11080, 11109 through 11112, 11114, 11213, 11062 and as recent as 11857.
2

Commercial (Mission, Operation) Purpose: 

This exemption request, once granted would allow the petitioner to operate a small unmanned aerial vehicle (sUAV), unmanned 

aircraft system (UAS) to conduct bridge Inspections, flare stack inspection, utility-power generation system inspections and 

patrolling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, 

photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell 

towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board 

sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and 

monitoring, public entity support operations, Aerial imaging for safety, monitoring and comparing work efforts and completion 

percentages, and security of controlled environment of various sites, aerial video and live video feed to assist with search and rescue 

operations under the authority and support of local authority officials, aerial video and photography for public and private use 

including television, public events, and cinematography live feed and live newsgathering, training to persons individually or

belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations 

within the NAS, special events: including high schools. colleges, professional sports, open air events and fairs, research, risk 

management and assessment, surface mining, disaster and catastrophe events.

Regulations from which the Exemption Relief is requested:

14 C.F.R. § 61.113 (a) & (b)

14 C.F.R. § 61.133(a)

14 C.F.R. § 91.7(a)

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151 (a)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 407 (a) (1)

14 C.F.R. § 409 (a) (2)

14 C.F.R. § 417 (a) & (b)

The name and address of the Petitioner:

Johnny Eaker

1501 County Road 274

Columbia, MO 65202
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Background

The Petitioner, Johnny Eaker is under Johnny Eaker’s direction. Johnny Eaker is a highly accomplished, capable, experienced and 

trusted professional.

For 2 years, Johnny has been piloting and maintaining UAV’s as a hobby. He has over 15 years in commercial video/film experience 

working primarily in corporate video productions. His decision to incorporate UVAs into the video production industry started while 

working on a corporate video shoot and seeing how the UAV’s can benefit the film industry. 

There is a new niche that can be filled with the use of UAV’s as replacements for some of the more dangerous alternatives while 

working in video production. 

Commitment to Safety

As part of its commitment to safety and innovation, Johnny Eaker is asking for this exemption in part, to reduce the risk of injury to 

its employees and contractors who participate in the proposed activities the petitioner requests, including but not limited to damage 

to agriculture, natural habitat, buildings and other structures within the United States. 

Expertise & Experience

Johnny Eaker due to his professional experience as a trusted pilot as is extremely qualified and is considered an up and coming 

subject matter expert in the Central Missouri area for UAS of all types, models and makes.
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The Exemption Request

Johnny Eaker proposes the use of the sUAV’s will be for capture of high resolution imagery and video of residential or commercial 

applications and purposes to a level of quality that allows the Petitioner to use the imagery to identify, record, memorialize events 

and objects according to the purposes noted. 

The imagery and video will be used to identify the condition of landscapes, agriculture, events, disasters and infrastructure to 

conduct bridge inspections, flare stack inspection, utility-power generation system inspections and patrolling, aerial inspection, 

photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography 

of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and 

patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry 

monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support 

operations, aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlled 

environment of various sites, aerial video and live video feed to assist with search and rescue operations under the authority and 

support of local authority officials, aerial video and photography for public and private use including television, public events, and 

cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public 

organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: 

including high schools, colleges, professional sports, open air events and fairs research, risk management and assessment, motion 

picture production, surface mining, closed set filming, disaster and catastrophe events.

The UAS will be operated by a Johnny Eaker and or contracting operators on occasion to capture high-resolution imagery/video of 

large structures (wide and tall) such as warehouses, high rise buildings, bridges, and construction sites, as well as “birds eye” views 

of fire and explosion sites. Given the small size of the sUAV’s involved, no more than 55 lbs., majority of the speed of operation be 

between 5-15 mph and the restricted environment within which they will operate, the Petitioner falls squarely within that zone of 

safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UASs to commence immediately.

This exemption application is submitted to fulfill Congress’ express goal in passing Sections 333(a) through (c) of the Reform Act. This 

law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the 

national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public 

or pose a threat to national security in light of the following:

 The UAS’ size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the Operator.
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Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis 

added).2

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: The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the

Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 

§91.203(a)(1) This authority to grant exemptions reaches such issues as authorization of commercial operation of aircraft without an 

FAA issued pilot’s license.

Johnny Eaker in filing this application is requesting that the FAA combine the grant of the Section 333 exemption with a standard 

Certificate of Operation (COA) that will allow commercial operations of its Johnny Eaker ’s UAV without the necessity of filing for a 

COA for each flight, unless such flight is to be conducted in an area not approved in the exemption. Compliance with the conditions 

agreed to herein and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the separation needed 

from other aircraft.

In addition, given that all operations will be conducted below 400 AGL feet and no closer than 5 nautical miles of the geographic 

center of an airport as denoted on a current FAA published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained, Johnny Eaker requests that operations over congested or densely populated areas be allowed. The new 

Phantom 3 sUAV’s do have GPS geo-fencing, it will operate at a very low altitude, within confined areas, at low speed and weighs no 

more than 55 lbs.. Such operations will only be under-taken with the approval of the land or home owner, as set forth herein, and 

will comply with the requirements that operations be no closer than 500 feet to the adjacent building unless the land owner has 

provided permission, and the Operator has made a safety assessment of the risk from such operations. 

Operator Requirements

Given the sUAV proposed by Johnny Eaker , Operators should not be required to hold a private pilot license. Johnny Eaker believes 

that 1) the operator, instead of understanding how to operate a passenger carrying aircraft, should have knowledge and experience 

that enables the safe operation of a small, remotely piloted sUAV should understand airspace restrictions and know how to ensure 

separation from other aircraft as well as non-participants and property; 2) the sUAV has built-in technical capabilities that limit the 

 

5

Applicant interprets this provision to place a duty on the Administrator to not only process applications for exemptions under section 333, but for 

the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill 

the statutory requirements for approval.
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potential for unsafe operation and 3) there are other security screening mechanisms already in existence that Johnny Eaker will 

utilize to ensure the operators are acting consistently with national security interests. 

Given the sUAV safety features outlined below, Johnny Eaker proposes that its operations under this Exemption request should not 

be required to hold a commercial or private pilot certification. Instead, Operators should be required to: have successfully 

completed, at a minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written examination or FAArecognized equivalents; have completed Johnny Eaker ’ training program for operation of the UAS.

Johnny Eaker notes that 1) the FAA has found that safety factors permitted operation of sUAV’s by Operators with these 

qualifications in the case of operations pursuant to public COAs when the mandatory operating conditions specified above were 

present; and 2) that the Notice of Proposed Rulemaking entitled Operation and Certification of Small Unmanned Aircraft Systems, 80 

F.R. 9544 (February 23, 2015) (“NPRM”), does not require the operator to hold a private pilot license or a third class medical.

Advanced sUAV’s has a navigation and control system and auto-pilot that allows it to execute very accurate pre-programed flights. 

Flights are pre-programmed with GPS waypoint to establish perimeters beyond which the aircraft will not operate. Flights under 

auto-pilot are not directed by positive manual input, but through pre-programmed flight parameters that are executed by the autopilot. In the case of unplanned events, the Operator inputs preprogrammed evasive maneuvers from the control unit, and the 

autopilot executes those maneuvers. Pre-programmed Operator interventions include: initiation of holding at present position; 

suspension of mission; fly back to launch point; abort mission and land immediately; and emergency power cut off and land (flight 

termination system). Additional automated safety functions and safety enhancing features of the Advanced sUAV’s may include the 

following:

) Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate landing, 

2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. Low power below 10% triggers an 

immediate landing, 

3) If the auto-pilot detects a lost-link to the ground controller, the UAS will hold position at its current location for 5 seconds 

and if the signal is not restored, execute a return to home and land, 

4) Redundant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or uncommanded deviation from the flight path, 

5) The aircraft, weighs less than 55 lbs., fully loaded, 

6) The motors are driven by pulse width modulated signals, not analog signals, 

7) The aircraft will operate for the Purposes at no more than 30 mph (while imaging) nor above 200 feet above the structure 

(imaging altitude) or a maximum of 400 feet AGL. 

See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 

2013); As the FAA has determined in Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), in comparing the 

requirements for private pilot knowledge and the knowledge required for a commercial pilot, that knowledge associated with a 
7

private pilot license, and therefore private pilot ground school, was sufficient to allow private pilots to operate sUAV’s under those 

exemptions. 

Based upon that analysis, Johnny Eaker believes successful completion of FAA private pilot ground school is a suitable predicate to 

operating the sUAV under this exemption. Johnny Eaker proposes that the Operator accumulate required sUAV flight training hours 

through the operation of sUAV’s rather than flight hours in conventional aircraft. Those hours are more relevant to the operations 

proposed herein than hours gained in obtaining a private pilot’s certificate in conventional or rotor aircraft. Those aircraft are orders 

of magnitude heavier than the sUAS and carry not only the pilot himself, but also passengers and fuel, none of which is carried in the 

sUAS. These conventional aircraft fly over all sorts of airspace without the permission or knowledge of the landowner. 

A handheld radio controller controls the sUAV and the vehicle is operated within the line of sight. The requirements of Part 61.127 

(commercial flight proficiency) and §61.107 (private flight proficiency), to the extent they are relevant to UAS operations, can be 

taught in the training proposed herein. As a review of the requirements of part 61.127 and 107 demonstrate, the issues presented as 

they relate to a 55 pound aircraft, operating at less than 30 mph during filming operations are those taught in ground school and in 

flight training with the particular UAS and not gained from accumulating flight hours in a fixed wing or rotorcraft gas or jet A 

powered aircraft completing cross country flights and take offs and landings at controlled and uncontrolled airports.

As to national security review of pilots, each of Johnny Eaker ’ pilots/operators will obtain internally provided certified training 

(Ground and Practical) from Johnny Eaker to operate the sUAV. This review and certification could reasonably vet the Operators 

against any known terrorist or no fly listings that are relevant and publically available.

Johnny Eaker additionally asks that the exemption be issued without the requirement for a visual observer. As set forth herein, an 

equivalent level of safety is provided by the size, speed and control capabilities of the aircraft, as well as the operational procedures 

that will be applicable to all flight hereunder. These obviate the need for the visual observer. 

The Operator will be operating the aircraft, always within line of sight. He or she will walk and follow the aircraft around the 

inspection area so that while it is flying its pre-programed and at times, manual flight path, the UAS will always be directly in his or 

her line of sight. The Operator will not be distracted by viewing the pictures taken during the flight. Rather, once the sUAV is 

launched, the Operator’s only duty will be to watch the flight of the UAS over the structure and intervene to address flight path 

deviations or other issues that arise during the flight. The functions that an observer performs where the aircraft is flown at long 

distances from the launch area will not be necessary as the Operator will always have the aircraft in his or her direct sight. The 

observer also will not be necessary because the Operator will conduct a pre-flight inspection of the area, will and if needed, cordon 

off the area and will perform frequent visual scans of the area while the vehicle is operating.

Johnny Eaker again notes that the NPRM does not require the use of a visual observer. Given the clear direction in Section 333 of the 

Reform Act; the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including 

reduced emissions associated with allowing battery powered sUAV’s for these functions instead of turbine or gas power 

aircraft/rotorcraft and operations with pilots having at least a private pilot license, the grant of the requested exemptions is in the 

public interest. 3

 

3

Should the FAA determine that it cannot grant such an exemption for operations without a FAA licensed private pilot, despite the showing made 

herein, under the statutory authority the FAA already has, Johnny Eaker will operate its aircraft with pilots holding at least a private pilot certificate 
8

Aircraft and Equivalent Level of Safety

The Petitioner proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate 

with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety enhancement to the operations 

conducted with conventional aircraft or with humans climbing up and around structures. These conditions are drawn from 

Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 and as recent as 11857.

These limitations and conditions to which Johnny Eaker (referred to as “Operator”) agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1) Operations authorized by this grant of exemption are limited to the aircraft described in the Operator’s 

manual, which is a multi-rotor weighing up to 55 pounds: Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 30 mph (10 mph during inspections). 

3) The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by 

the procedures specified in the Operator’s manual. All altitudes reported to ATC must be in feet AGL. 

4) The UA must be operated within visual line of sight (VLOS) of the Aircraft Operator at all times. This requires 

the Aircraft Operator to be able to use human vision unaided by any device other than corrective lenses.. 

5) The Exemption Holder’s Manuals must be amended to include all conditions and limitations required by the 

FAA. The Manuals must be maintained and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in 

the Exemption Holder’s Operator’s manual, the conditions and limitations in the exemption take 

precedence and must be followed. Otherwise, the Aircraft Operator must follow the procedures as outlined 

in its Aircraft’s manual. The Exemption Holder may update or revise its Manuals. It is the Exemption 

Holder’s responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. The Exemption Holder must also present updated and revised documents if it 

petitions for an extension or amendment of this exemption. If the Exemption Holder determines that any 

update or revision would affect the basis upon which the FAA granted this exemption, then the Exemption 

Holder must petition for amendment to its exemption.

6) Prior to each flight, the Aircraft Operator must inspect the UAS to ensure 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.

7) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight in 

 

issued by the FAA. In that event, Johnny Eaker requests that the exemption be granted with conditions similar to those contained in numbered 

paragraphs 14-15 in Exemption 11136
9

accordance with the Exemption holder’s Manuals. The Aircraft Operator who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a 

functional test flight and aircraft record entry must be added to the Exemption Holder’s Operator’s manual.

8) The Exemption Holder must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements, with particular attention to flight critical components 

that may not be addressed in the manufacturer’s manuals.

9) The Exemption Holder must carry out its maintenance, inspections, and record keeping requirements in 

accordance with the Operator’s Manuals. Maintenance, inspection, and alterations must be noted in the 

aircraft logbook, including total flight hours, description of work accomplished, and the signature of the 

authorized technician returning the UAS to service.

10) The authorized technicians must receive and document training referenced in the Exemption Holder’s 

Manuals.

11) Each UAS operated under this exemption must comply with all manufacturer System and Safety Bulletins.

12) The Exemption Holder’s maintenance personnel must make a record entry in the UAS logbook or equivalent 

document of the corrective action taken against discrepancies discovered between inspections.

13) Prior to commencing operations, the Aircraft Operator shall have logged at least 25 hours of total time as a 

UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type and 5 hours in the make 

and model.

14) If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location 

within the private or controlled-access property and land or be recovered in accordance with the Exemption 

Holder’s Manuals.

15) The Aircraft Operator must abort the flight in the event of unpredicted obstacles or emergencies, including 

unauthorized people entering the flight area, in accordance with the Exemption Holder’s Manuals.

16) The Aircraft Operator is prohibited from beginning a UAS flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 10 minutes.

17) All aircraft operated in accordance with the exemption must be identified by serial number, registered in 

accordance with 14 CFR part 47, and have identification (N- Number) markings in accordance with 14 CFR 

part 45, Subpart C. Markings must be as large as practicable.

18) Before conducting operations, the radio frequency spectrum used for operation and control of the UA must 

comply with the Federal Communications Commission (FCC) or other appropriate government oversight 

agency requirements.

19) The documents required under 14 CFR 91.9 and 91.203 must be available to the Operator at the Ground 

Control Station of the UAS any time the aircraft is operating. These documents must be made available to 

the Administrator or any law enforcement official upon request. 
10

20) The UA must remain clear and yield the right of way to all other manned operations and activities at all 

times (including, but not limited to, ultra-light vehicles, parachute activities, parasailing activities, hang 

gliders, etc.).

21) The UA may not be operated by the Aircraft Operator from any moving device or vehicle.

22) UAS operations may not be conducted during night, as defined in 14 CFR 1.1.

23) All operations must be conducted under visual meteorological conditions (VMC). 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 Operator.

24) During operations the UA may not operate within 5 nautical miles of the geographic center of an airport 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, if 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) The UA may not be operated over congested or densely populated areas unless the conditions set for in #26 

are satisfied. These populated areas include but are not limited to the yellow areas depicted on World 

Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). 

However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the Operator’s 

responsibility to maintain the minimum safe altitudes required by § 91.119 (d) (1). 

26) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, 

and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the 

event of an accident. The Aircraft Operator must ensure that nonparticipating persons remain under 

such protection. If a situation arises where nonparticipating persons leave such protection and are 

within 30 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has 

granted permission and/or the Aircraft Operator has made a safety assessment of the risk of 

operating closer to those objects and;

c. Operations near the Aircraft Operator do not present an undue hazard to the Operator per § 

91.119(a).

27) 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.

28) 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) 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. 
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Specific Uses Public Benefits

Johnny Eaker proposes use of its sUAV provided equivalent or augmented levels of safety for each of the uses proposed herein:

The present systems of photography and videography and mapping of inspecting the roofs, agriculture land, buildings and large 

structures site surveys, wild life monitoring, mosquito and insect control are now conducted by either humans wading through 

swamps, climbing on the roofs and structures that are steep, tall, slippery, weakened or otherwise hazardous or by the use of 

conventional aircraft. 

The current procedures can result in significant injuries to the people who must climb on the roofs or require the use of aircraft that 

are orders of magnitude greater in size than the sUAV. Either method, manual inspection or large conventional aircraft, results in 

increased risk of injury due to personnel falling off roofs or ladders, carrying heavy ladders and dealing with confined and dangerous 

spaces, or increased risk from low altitude flyovers with helicopters or fixed wing aircraft inspecting buildings after damage from 

storms or other disasters, such as earthquakes or fires. Such flights are, of course, significantly more expensive than those

undertaken with a sUAV. 

The present system exposes those not only in the immediate area of inspection, but those who are along the path of flight 

associated with the arrival and departure of the conventional aircraft at the inspection site because the aircraft must be flown to 

and from the site. By contrast, the sUAV is carried to the site and transits no other property. Conventional aircraft carry flammable 

fuels that are not carried by the UAS and emit pollutants associated with internal combustion engines. The sUAV’s proposed herein 

are battery powered and have no emissions.

Equivalent Level of Safety

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

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft that carries a pilot, 

passengers, and cargo, the Johnny Eaker ’ sUAV is remotely controlled with no passengers or property of others on board. Section 

61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. 

Johnny Eaker respectfully proposes that Operator requirements should take into account the characteristics of the particular UAS. 

Johnny Eaker ’s UAV has a high degree of pre-programmed control and various built-in technical capabilities that strictly limit the 

potential for operation outside of the operating conditions set forth in the exemption application. The Johnny Eaker ’s UAV has 

navigation and control system comprised of a Ground Control Station (GCS) and auto-pilot system that can be pre-programmed to 

set operational boundaries. All flights are pre-programmed with precision GPS guidance.. In the case of unplanned events, the 

Operator may input pre-programmed evasive maneuvers from the control unit, and the onboard autopilot executes those 
12

maneuvers. Pre-programmed Operator interventions include initiation of holding at present position; suspension of mission; fly back 

to launch point; abort mission and land immediately; and emergency power cut off and land (Flight Termination System). 

Additional automated safety functions and safety enhancing features of the Johnny Eaker ’ s UAV’s may include the following:

1.1. Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate landing.

1.2. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. Low power below 10% triggers an 

immediate landing.

1.3. If the auto-pilot detects a lost-link to the ground controller, the UAS will hold position at its current location for 5 

seconds and if the signal is not restored, execute a return to home and land.

1.4. Redundant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or 

un-commanded deviation from the flight path. 

1.5. The aircraft, weighs less than 55 lbs., fully loaded.

1.6. The motors are driven by pulse width modulated signals, not analog signals.

1.7. The aircraft will operate for the Purposes at no more than 30 mph (while imaging) nor above 200 feet above the 

structure (imaging altitude) or a maximum of 400 AGL. 

Given these safety features, Johnny Eaker proposes that Operators of the Johnny Eaker’s UAV should not be required to hold a 

commercial or private pilot certification. 

Instead, Operators should be required to: have successfully completed, at a minimum, FAA private pilot ground instruction and 

passed the FAA Private Pilot written examination or FAA-recognized equivalents; have completed the manufacturer’s or Johnny 

Eaker ’ training program for operation of the UAS.

Johnny Eaker notes that the FAA has found that safety factors permitted operation of UASs by Operators with these qualifications in 

the case of operations pursuant to public COAs where the mandatory operating conditions specified above were present. See, 

Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 

2013). Likewise, Johnny Eaker notes that the NPRM does not require that the Operator hold a private pilot license issued by the 

FAA.
13

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the Johnny Eaker ’ 

sUAV without a private pilot’s certificate or a commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the Johnny Eaker ’s UAV (given its size, speed, operational capabilities, and lack of 

combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations 

contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth above 

meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a 

commercial pilot to operate the aircraft under § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be 

granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of 

the UA. Given the size of the aircraft and the requirements that the Operator has agreed to as it relates to airworthiness, as 

contained in the manual, an equivalent level of safety will be achieved by insuring compliance with the manuals prior to each flight. 

The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. §91.119: Minimum safe altitudes

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

than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, an exemption may be needed to allow such operations. 

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

operated. No flight will be taken without the permission of the property owner, facility owner, and/or local officials. Because of the 

advance notice to the property owner and participants, all affected individuals will be aware of the planned flight operations as set 

forth in the Manuals. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. and the 

lack of flammable fuel, any risk associated with these operations is far less than those presently presented by conventional aircraft 

operating at or below 500 AGL in the aerial photography industry. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.
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14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to 

the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the Johnny Eaker ’ sUAV, in 

manual or emergency mode, will not have a barometric altimeter display, but instead a GPS altitude display, an exemption will be 

needed. The Operator, pursuant to the procedures set forth in the Manuals as indicated before flight, will achieve an equivalent 

level of safety. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 

11110.

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

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

forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30-minute reserve requirement in 

14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’ proposed 

flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight is reasonable. 

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 

(allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with 

less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of remaining battery 

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

anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F,

5745, 10673, 10808 and Exemptions 11062, through11067, 11080 and 11110.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance Inspections
15

These regulations require that an aircraft Operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

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

Petitioner. Maintenance will be accomplished by the Operator or manufacturer pursuant to the flight manual and operating 

handbook as referenced in the Manuals attached as confidential Exhibits An equivalent level of safety will be achieved because 

these small UASs are very limited in size and will carry a small payload and operate only in defined areas for limited periods of time. 

If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Aircraft Flight Operations Manual the Operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the Operator and manufacturer are most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA has 

granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 and 11110.

*********
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Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that 

publication is needed:

Petitioner seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) for the following 

purposes: to conduct bridge inspections, flare stack inspection, utility-power generation system inspections and patrolling, aerial 

inspection and photography of residential and commercial utility infrastructure including but not limited to electrical power lines, 

wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision 

agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction 

site inspection and monitoring, public entity support operations, aerial video and live video feed to assist with search and rescue 

operations under the authority and support of local authority officials, aerial video and photography for public and private use 

including television, public events, and cinematography live feed and live newsgathering, training to persons individually or

belonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations 

within the NAS, special events: including high schools. colleges, professional sports, open air events and fairs, research, risk 

management and assessment, motion picture production, surface mining, closed set filming, disaster and catastrophe events.
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Privacy and National Security

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Inspection 

will be of inanimate objects in areas where the owners will have consented to the inspections or otherwise have agreed to allow the 

UAS and the Operator to be in the area where operations will take place. 

The size of the UAS, its speed and restricted area of operation do not raise national security issues.
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Summary

Approval of exemptions allowing commercial operations of sUAV’s for petitioner to operate an unmanned aircraft system (UAS) to 

conduct bridge Inspections, flare stack inspection, utility-power generation system inspections and patrolling, aerial inspection and 

photography of residential and commercial utility infrastructure including but not limited to electrical power lines, wind turbines and 

cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board 

sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and 

monitoring, public entity support operations, aerial video and live video feed to assist with search and rescue operations under the 

authority and support of local authority officials, aerial video and photography for public and private use including television, public 

events, and cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public 

organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: 

including high schools. colleges, professional sports, open air events and fairs, research, risk management and assessment, motion 

picture production, surface mining, closed set filming, disaster and catastrophe events, will enhance safety by reducing risk. 

Conventional operations, using jet or piston powered aircraft, ladders or placing people in swamps, on roofs or tall, hazardous or 

weakened structures, exposes them to higher risks than those created by use of a sUAV’S. Conventional aircraft that operate at 

extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures present the 

risks associated with vehicles that weigh in excess of 6,000 lbs., carrying large amounts of jet A or other fuel (140 gallons for jet 

helicopters). Such aircraft must fly to and from the project location. In contrast, a sUAV weighing fewer than 55 lbs. and powered by 

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAV is 

carried to the target area and not flown. The sUAV will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted under the strict conditions outlined above, will provide an 

equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at slow 

speeds, close to the ground, and in areas that are under the control of the customer for the operations and, as a result, are far safer 

than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people or the use 

of individuals to climb the structures to conduct the operations.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 –size, weight, speed, operating capabilities, proximity 

to airports and populated areas and operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of Petitioner’s UAS for the Purposes outlined 

herein and are consistent with exemptions already granted, including Exemptions number 11171 through 11174, 11176, 11177, 

11062, 11109, 11112, and 11213 and as recent as 11857.
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Sincerely,

Johnny Eaker 

1501 County Road 274

Columbia, MO 65202