Exemption Request :

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Birdseye Aerial Imaging (BAI ) , an operator of small Unmanned Aircraft Systems ( “ sUAS ” ) seeks an exemption from th e Federal Aviation Regulations as provided b elow

.
Th is exemption would allow Birdseye Aerial Imaging (BAI) the commercial operation of sUAS weigh ing less than 55 lbs. including payload, to perform aerial surveys, mapping, and inspections that consist of still photographs , video, and other data . The sUAS ’ s produces high quality imagery that can be used for inspection of a variety of infrastructure including oil and gas p ipelines and flare stacks, power lines and towers, bridges, wind turbines, and surveying tasks such as real estate and transportation

. The u se of the UAS ’ s for these inspection s and surveying applications reduces the need to operate conventional aircraft, providing data more quickly, accurately, economically, safely, and with reduced environmental impact. The uses of aircraft or man power in these situations are often dangerous or impossible.

Operations under the exemption will be to strict operating requirements and conditions to insure at least an equivalent level of safety to currently authorized operations using manned aircraft.

As described below, the exemption would authorize Birdseye Aerial Imaging (BAI) to perform market re search and aerial in spections and surveys using UAS ’ s , which at few than 55 lbs. are both small in size and powered electrically by battery. The UAS ’ s will be operated under controlled conditions at low altitude in airspace that is mostly unused. Finally, the airspace in whic h the UAS will operate will be disclosed to and approved, as needed while outside class E airspace , by the FAA in advance.

The name and address of the applicant are: **Birdseye Aerial Imaging**  **(BA I** **)** Matthew Pilewski Ph: 5166586823 Email: mcpilewski@yahoo.com Address: 38 Woodland Street East Islip, NY 11730The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21 ; 14 C.F.R. 45.23(b) ; 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. 91.9(b)(2) & (c) ; 14 C.F.R. 91.103 ; 14 C.F.R. 91.109(a) ; 14 C.F.R. 91.119 ; 1 4 C.F.R. 91.151(a) ; 14 C.F.R. 91.203(a) & (b) ; 14 C.F.R. 91.405(a) ; 14 C.F.R. 91.407(a)(1) ; 14 C.F.R. 91.409(a)(2) ; 14 C.F.R. 91.417(a).

**THE APPLICABLE LEGAL STANDARD UNDER SECTION 333**  BAI requests this exemption application for use of various suavs to conduct survey s , photograph people and places, and inspect structures. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the airspace system before completion of the rulemaking required under Section 333 of the Reform Act. In making this determination, the Secretary is required to determine which types of sUASs do not create a hazard to users of th e national airspace system, the public
, or pose a threat to national security in light of the following:

● The sUAS ’ s size, weight, speed, and operational capability;

● Operation of the sUAS in close proximity to airports and populated areas ; and

● Operati on of the sUAS within visual line of sight of the operator.

Reform Act § 333(a)(1). 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 , includes exempting civil aircraft, as the term is defined under § 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: 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 4470244716 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 C FR § 91.203(a)(1). The approval of this requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act ; the additional authority 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 and cost savings as sociated with UASs for aerial photography, andinspection applications. UAVs are able to operate in areas airplanes and helicopters are dangerous or

impossible. **Airworthiness of the Various Commercially Produced sUAVs**  An exemption application involves evidence of the airworthiness of sUAS. Birdseye Aerial Imaging (BAI) believes that the knowledge of the owner of the company , an airline transport pilot
, allows for the safe operation of the sUAVs. The commercially produced sUAVs have their own failsafe built in as require d for production to the public.

**Sample of Proposed sUAVs for use:**

o Contain their own discrete frequency for operation.

o Come equipped with a failsafe return to “home ” if signal is lost.

o User can set max parameters of flight including altitude.

o Electrically

operated using small lipo batteries.

o Small in size, weighing under 55 lbs. **Specific Examples**

 DJI Phantom 2 Vision

 DJI Insp ire 1

 3DR Solo Quadcopter

 DJI Phantom 3

**Mandatory Operating Conditions** T he exemption to Birdseye Aerial Imaging (BAI) will necessitate operating within the conditions below , which are based upon operating conditions set forth for operation of sUAS by public entities pursuant to Certificates of Authorization, with additional restrictions:



### ● All operations to occur in Class G and E airspace unless cleared with the controlling tower or
agency

. 

### ● Operations to be conducted over private or controlled ac cess property

. 

### ● Permission from land owner/controller required before commencing any flight.



### ● Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).



### ● Aircraft to remain within Visual Line of Sight (VLOS).



### ● VL OS guaranteed with a area of operation around operator of 1⁄2 nautical miles (NM).



### ● Operations to occur during daylight hours.

● Above Ground Level (AGL) altitude to be restricted to 400 feet (unless otherwise cleared as in bridge or stack inspections)

. ● All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline azimuth of runway centerline measured from runway thresholds.

● All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

● All operations will include pilot for flight control and an observer for further additio nal awareness.**EXEMPTION REQUEST AND EQUIVALE NT LEVEL OF SAFETY**  **U NDER** 

**APPLICABLE RULES SUBJECT TO EXEMPTION** BAI requests an exemption from the following regulations as well as any additional regulations that may appl y to the operation **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR**  **§ 91.203(a)(1)**  Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (under 10 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such an exemptio n meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The devices are commercial produced and have their own level of built in inspection from government agencies. The Fede ral Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the sUAS involved. B ased o n these parameters, BAI demonstrates that aircraft can be operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. The intented sUAVs of use weigh under 55 lbs

. They will not carry a pilot or passenger or flammable fuel, and will operate exclusively within an area predisclosed and in compliance with conditions set forth

. Under this exemption
, operations will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety

requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the p rior permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety.

**14 C.F.R. §**  **45.23 & 91.9(c): Marking of t he Aircraft**  Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or lightsport category aircraft o r experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “ limited, ” “restrict ed, ” “ lightsport, ” “ experimental, ” or

“provisional, ” as applicable. Regulation 91.9(c) provides: No person may

operate a U.S.registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. UAVs have no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the sUAS, twoinch lettering will be impossible. Official marking systems for small UAS have not yet been established for operations inside the NAS.**14 C.F.R. §**  **61.113(a) & (b) ;**  **61.133(a): Private Pilot Privileges and Limitations ;**  **Pilot in**

**Command ;**  **Commercial Pilot Privileges and Limitations.** Section 61.113(a) & (b) limit private pilots to noncommercial operations. Unlike a conventional aircraft that carries a pi lot, passengers, and cargo, uavs are 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. BAI propo ses that the operator requirements should take into account the characteristics of the particular sUAS. Commercially produced UAVs offer a high degree of automatic control and various builtin technical capabilities that strictly limit the potential for op eration outside of the operating conditions set forth in the exemption application. Automated features and advanced flysafe controls enable safe, reliable operation, as well as advanced networking capabilities and system extensibility.



### ● Plan your flight or fly

adhoc: The system can autonomously fly a programmed flight path or fly in manual mode



### ● Smart batteries and charger: Flight time and battery minutes are displayed at all times. The system will return home and land automatically if u ser configurable limits are reached.



### ● Intelligent fault handling: The system automatically detects potential issues with C onfigurable automated response behavior such as a return home and land routine



### ● Automatic preflight checks: The sy stem self calibrates all of its sensors and performs S elftests prior to takeoff to check for errors



### ● No fly zones: The system has the ability to set up visual no fl y zones as well as factory pre programmed no fly zones consistent with permanent tfrs.



### ● Self monito ring : Monitoring battery levels, in

- flight wind speeds, and other system and environmental conditions are automatically handled by the system



### ● Battery communication: Battery minutes and flight time are displayed at all times. The system will return home and land automatically if user configurable limits are reached. Additional automated safety functions and safety enhancing features of the UAVs include:



### ● Auto detection of lost GPS warns the pilot and initiates an immediate landing.



### ● Low battery on the Uav’ s trigger a w arning alarm to return home, land and replace the battery . If ignored it will “return home ” for you.
Given these safety features, BAI proposes that pilots of the UAV should not be required to hold a commercial or private pilot certificati on. 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

.**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 UAVs without an airworthiness certificate, no standard will exist for airworthiness of a UAV . Given the size of the aircraft, an equivalent level of safety will be achieved by

ensuring compliance with the manufacturers manuals prior to each flight. **14 C.F.R. §**  **91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.** The regulation provides: No person may

operate a U.S.registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size and configuration of the UAVs
, there is no ability or place to carry

such a flight manual on the aircraft, not only because there is no pilot on board, but bec ause there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be achieved by keeping the flight manual ( ie manufacturers instruction manual) at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R. §**  **91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in each User Manual

. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R. §**  **91.109(a) & 91.319(a)(1): Flight Ins truction**  These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAVs are a remotely

piloted aircraft and by

de sign, does not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The flight plan is either manually controlled through point and click T ouchscreen navigation or preprogrammed as way points or an AutoGrid into the auto pilot before or during flight and only

in unusual circumstances will the pilot input control functions to alter the preprogrammed flight. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A.

**14 CFR §**  **91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. However, as the suavs most closely resemble that of a helicopter f light operation, 91.119(d) authorizes lower than prescribed minimum altitudes as long as no hazard to person or property exists.BAI aircraft will very rarely operate at higher than 400 feet AGL.

Because aerial survey , mapping and inspection work must b e accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. Also, no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 6 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low altitude operations of the sUAS will maintain separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. §**  **91.151(a): Fuel Requirements for Flight in VFR Conditions** This regulation prohibits an individual from beginning “ a flight in an airplane under VFR conditions unless (considering wind and forecast weather c onditions) 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. ” Most UAV batteri es provide approximately 3 0 minutes of powered flight. Without an exemption from § 14 CFR 91.151, the sUAS ’ s flights would be limited to approximately 20 minutes in length. Given the limitations on its proposed operations and the location of those proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. BAI believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not provoke the ty

pe of risks that Section 91.151(a) was meant to prevent given the size and speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety

. FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 10808. **14 C.F.R. §**  **91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration** This regulation provides as follows: (a)

... no person may operate a civil aircraft unless it has

... an appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAVs for intended operation, fully loaded
, weigh less than 10 lbs. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. In addition, there is no pilot onboard the aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground cont rol point where the pilot flying the sUAS will have immediate access to them. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10 700. **14 C.F.R. §**  **91.405(a) ;**  **407(a)(1) ;**  **409(a)(2) ;**  **417(a): Maintenance Inspections** Section 91.405(a) requires 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 ... ” Section 91.407 similarly makes reference to requirements in Part 43 ; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires theowner or operator to keep records showing certain maintenance work that has been accomplished by

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. UAVs are nearly

maintenance free, it performs automatic preflight checks and the failure of any check will prevent takeoff. Checks which cannot be done by the system will be performed by a qualified person prior to each flight and at predefined intervals as part of the Maintenance Schedule in the users manual published by each manufacturer. Preflight checklist includes: 1.Visual inspection of the airframe 2.Visual inspections of rotor integrity 3.Check charge of all batteries (aerial vehicle, command station, radio repeater station) An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devise.**SECTION 333 EXEMPTION REQUEST**

Birdseye Aerial Imaging hereby provides pursuant to Part 11 a summary of its exemption application to allow commercial operation of the s mall unmanned vehicles in aerial survey work, mapping and inspections. An exemption is requested from the following regulations: 14 C.F.R. Part 21 ; 14 C.F.R. 45.23(b) ; 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. 91.9(b)(2) & (c) ; 14 C.F.R. 91.10 3 ; 14 C.F.R. 91.109(a) ; 14 C.F.R. 91.119 ; 14 C.F.R. 91.151(a) ; 14 C.F.R. 91.203(a) & (b) ; 14 C.F.R. 91.405(a) ; 14 C.F.R. 91.407(a)(1) ; 14 C.F.R. 91.409(a)(2) ; 14 C.F.R. 91.417(a).