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 the Federal Aviation Regulations as provided below.

This exemption would allow Birdseye Aerial Imaging (BAI) the commercial operation of sUAS

weighing 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 pipelines and flare 

stacks, power lines and towers, bridges, wind turbines, and surveying tasks such as real estate and 

transportation. The use of the UAS’s for these inspections 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 research and aerial inspections 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 which 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 (BAI)

Matthew Pilewski

Ph: 5166586823

Email: mcpilewski@yahoo.com

Address: 38 Woodland Street 

 East Islip, NY 11730
The 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;

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).

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

BAI requests this exemption application for use of various suavs to conduct surveys, 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 the 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

● Operation 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 CFR §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 associated with UASs for aerial photography, and 
inspection 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 required 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 Inspire 1

 3DR Solo Quadcopter

 DJI Phantom 3

Mandatory Operating Conditions

The 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 access 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).

● VLOS 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 additional awareness.
EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

BAI requests an exemption from the following regulations as well as any additional regulations that

may apply 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 exemption 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 Federal 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.

Based on 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 prior 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 the 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 or 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,” “restricted,” “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 pilot, 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 proposes 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 operation 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 user configurable limits are reached.

● Intelligent fault handling: The system automatically detects potential issues with

Configurable automated response behavior such as a return home and land routine

● Automatic preflight checks: The system self calibrates all of its sensors and performs

Selftests prior to takeoff to check for errors

● No fly zones: The system has the ability to set up visual no fly zones as well as factory pre 

programmed no fly zones consistent with permanent tfrs. 

● Self monitoring: 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 warning 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 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.
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 because 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 Instruction

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 design, 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

Touchscreen 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 flight 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 be 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 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.”

Most UAV batteries provide approximately 30 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 type 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 control 

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 10700.

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 the
owner 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 small 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. 91.103;

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).