July 27, 2015

Exemption No. 12159

Regulatory Docket No. FAA–2015–1683

Mr. David Hilton 

Ms. Denise Hilton

Eye-in-the-Sky Aerial Photography LLC

5264 Emerson Road

Brooksville, FL 34601

Dear Mr. Hilton and Ms. Hilton:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 29, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Eye-in-the-Sky Aerial Photography LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography and videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a Yuneec Typhoon 500Q+.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Eye-in-the-Sky Aerial Photography LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Eye-in-the-Sky Aerial Photography LLC is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Yuneec Typhoon 

500Q+ when weighing less than 55 pounds including payload. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

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

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. 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.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this 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.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All 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 the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property 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.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

EYE-IN-THE-SKY AERIAL PHOTOGRAPHY LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151(a)

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

Submitted on 04/29/2015

By:

David T. and Denise G. Hilton

Eye-in-the-Sky Aerial Photography LLC

(352) 796-9633
PETITION FOR RELIEF OF REQUIREMENTN OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS, SPECIFICALLY AS AUTHORIZED UNDER 

THE F.A.A. MODERNIZATION AND REFORM ACT OF 2012, SECTION 333; 

SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

David T. Hilton and Denise G. Hilton, DBA as Eye-in-the-Sky Aerial Photography

LLC

Eye-in-the-Sky Aerial Photography LLC seeks exemptions from Title 14 of the Code of 

Federal Regulations: 61.113 (a) and (b); 91.7 (a); 91.119; 91.121; 91.151.151 (a); 91.405 

(a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b), in order to operate a 

Yuneec Typhoon 500Q+ UAS. This exemption will allow Eye-in-the-Sky Aerial 

Photography LLC to operate an unmanned aerial vehicle commercially for the purposes

of conducting aerial video and still photography in the Real Estate, Insurance and 

Construction markets of Florida and Georgia. These still images and videos will provide 

both commercial and community awareness and understanding of aerial imaging systems.

Eye-in-the-Sky Aerial Photography LLC is a real estate, insurance and survey aerial 

photography company producing high quality results for clients who want to display 

images both for real estate and insurance documentation and survey purposes throughout 

the southern Florida and Georgia markets. Eye-in-the-Sky Aerial Photography LLC will 

be using a Yuneec Typhoon 500 Q+ quad copter to commercially capture video stills and 

film while working on private and public properties for the purpose of aerial location 

services. Eye-in-the-Sky Aerial Photography LLC will employ both a licensed pilot and 

utilize a visual observer to maintain a visual line-of-sight between the quad copter and the 

pilot UAV operator, who will hold, at minimum, a current private pilot’s license.

THE YUNEEC TYPHOON 500 Q+

The Yuneec Typhoon 500 Q+ is an electric powered quad copter weighing less than three

pounds and is operated via a handheld remote that features “Return to Home” and 

“Follow Me” commands. The Return to Home feature can be triggered manually and the 

UAV unit works off of a 2.4 GHz downlink for remote control. The video function works 

on 5.8 GHz frequency video. The default altitude setting for the Typhoon 500 Q+ is 400 

feet AGL. The camera system is a CG 02 and is operated from the handheld remote 

control. Both units are powered by a single battery giving the Typhoon 500 Q+

approximately 25 minutes of flight time.
BASIS FOR PETITION

Eye-in-the-Sky Aerial Photography LLC, pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. SS 11.61) and the F.A.A. Modernization and Reformed 

Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to operate the TYPHOON 500 Q+ UAS within the National 

Airspace System, and for an exemption from the requirements of 14 CFR SS 61.113 (a)

and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a) (1), 91.409 (a) (1) and 

(2), 91.417 (a) and (b).

NAME AND ADDRESS OF THE PETITIONER

David T. Hilton / Denise G. Hilton

Eye-in-the-Sky Aerial Photography LLC

5264 Emerson Rd.

Brooksville, Florida 34601

dthilton@hotmail.com

EYE-IN-THE-SKY AERIAL PHOTOGRAPHY LLC Requests Relief from the 

Following Sections of 14 C.F.R.

• Sections 61.113, entitled Private pilot privileges and limitations: Pilot in 

Command, Subsections (a) and (b).

• Section 91.7, entitled Civil airworthiness subsection (a).

• Section 91.119 entitled Minimum Safe Altitudes, General.

• Section 91.121, entitled Altimeter Settings.

• Section 91.151 entitled Fuel requirements for flight in VFR conditions.

• Section 91.405, entitled Maintenance required.

• Section 91.407 (a) (1), entitled Operation after maintenance, preventative 

maintenance, rebuilding, or alteration.

• Section 91.409 entitled Inspections.

• Section 91 the .417 entitled Maintenance Records.

Extent of relief that Eye-in-the-Sky Aerial Photography LLC seeks regarding section 

61.113 (a) and (b) Private pilot privileges and limitations: Pilot in Command, 

Subsections (a) and (b) prescribed the following, in part: 

(a) No person who holds a private pilot certificate may act as a pilot in 

command (PIC) of an aircraft that is carrying passengers or property 

for compensation or hire; nor may that person, for compensation or 

hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft 

in connection with any business or employment if –
(1) The flight is only incidental to that business or employment and

(2) The aircraft does not carry passengers or property for compensation or 

hire.

Relief from section 61.113 (a) and (b) is requested to allow a PIC holding a current 

private pilot’s certificate to operate the Typhoon 500 Q+. The flight would be 

complemented by a visual observer who will, along with the pilot, maintain visual line of 

sight with the Typhoon 500 Q+ at all times. All operations will be conducted as per Eyein-the-Sky Aerial Photography LLC’s business related operations. The Typhoon 500 Q+

is not able to carry passengers.

Extent of relief that Eye-in-the-Sky Aerial Photography LLC seeks in regards to section 

91.7(a), Civil Airworthiness; Relief from section 91.7(a), is requested to allow Eye-inthe-Sky Aerial Photography LLC to determine the air worthiness of the Typhoon 500 Q+.

Extent of relief that Eye-in-the-Sky Aerial Photography LLC seeks in regards to section 

91.119, Minimum Safe Altitudes; General. Relief from 91.119 is requested to allow 

operations of the Typhoon 500 Q+ at altitudes not to exceed 400 feet AGL, over private 

property or at a distance at or greater than five nautical miles from the nearest airport as 

depicted on current aeronautical charts.

Eye-in-the-Sky Aerial Photography LLC also wishes to be granted exemptions to operate 

at an altitude not more than 50 feet AGL or below tree level between one and five 

nautical miles from the nearest airport as depicted on current aeronautical charts.

Extent of relief that Eye-in-the-Sky Aerial Photography LLC seeks from 91.121, (a) , 

Altimeter Settings

Extent of relief from 91.121 is requested because the Typhoon 500 Q+ utilizes an

Electronic GPS with a barometric sensor.

Extent of relief that Eye-in-the-Sky Aerial Photography LLC seeks in regard to section 

91.151(a), Fuel Requirements for Flight in VFR Conditions. 

Relief from 91.151(b), is requested to the extent that allows Eye-in-the-Sky Aerial 

Photography LLC to operate the Typhoon 500 Q+ up to a point that there is enough 

power to fly at normal cruising speed to the landing point and land the vehicle with 25% 

battery power remaining. Note: a low battery alarm on the operating console for the 

Typhoon 500 Q+ is equipped with a shaker mechanism to warn the pilot of a low battery 

condition.
Extent of relief that Eye-in-the-Sky Aerial Photography LLC seeks in regards to sections 

91.405(a), 91.407(a)(1), 91 .409 point(a)(1) and (a)(2), 91.4179 1.417 (a) and (b). These 

are all associated with an airworthiness certificate. There are currently no airworthiness 

certificates for small UAVs.

BENEFITS GAINED VIA RELIEF FOR EYE-IN-THE-SKY AERIAL 

PHOTOGRAPHY LLC from the above stated Federal Regulations:

A. Use of the small UAV will allow for quicker and timelier aerial mapping, aerial 

surveying and aerial photography of properties as contracted for.

B. Use of the small UAV will allow for more cost effective aerial mapping and surveying 

as the cost to operate a small UAV is fractional compared to the cost of operating a full 

size aircraft for aerial photography.

C. Use of the small UAV will lesson the use of full size aircraft for some aerial 

photography missions and therefore give a somewhat greater safety ratio for the use of 

aerial photography.

REASONS WHY SAFETY WILL NOT BE AFFECTED BY GRANTING THESE 

REQUESTED EXEMPTIONS: 

• Standard operating procedures prior to launch will include a preflight checklist of 

the vehicle and a visual inspection of area to be surveyed at ground level will be 

performed.

• Flight operations will be conducted by a two man crew consisting of the PIC and 

the Visual Observer. All operations will be conducted with a clear line of sight 

between the UAV and the team.

• Eye-in-the-Sky Aerial Photography LLC will only operate the UAV over private 

or public property with the permission of the property owner or the governing 

body and will maintain a safe distance from any structures, people or vehicles.

This petition is being made pursuant to the FAA Modernization and Reform Act of 2012, 

Section 333, which directs the Secretary of Transportation to determine if any UAS may 

safely operate in the National Airspace. The petitioner, David T. Hilton, currently holds a 

single engine land, private pilot’s license and a third class medical and will be the 

primary PIC in command of the Typhoon 500 Q+. 

Eye-in-the-Sky Aerial Photography LLC will operate all aircraft granted for use by the 

exemption as directed by the operating manual provided with the Typhoon 500 Q+ by the 

manufacturer.
IN CONCLUSION

As set forth previously Eye-in-the-Sky Aerial Photography LLC seeks an exemption 

pursuant to 14 CFR: 11.61 and Section 333 of the FAA Modernization and Reform Act 

of 2012, which will permit safe operation of Typhoon 500 Q+ UAS commercially within 

the insurance, real estate and construction markets. The Administrator will be assisting 

small business by granting this petition.

Respectfully submitted by Eye-in-the-Sky Aerial Photography LLC.

David T Hilton / Denise G. Hilton

Submitted on 04-29-2015

352-796-9633

727-514-3838

dthilton@hotmail.com