September 17, 2015 Birdseye Farming, Inc J. Michael Wilson 102 Plaza de Luke Square Clayton, NC 27527 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590

Re: Petition to Amend Exemption No. 12015 Issued to Birdseye Farming, Inc Pursuant to Section 333 of the FAA Reform Act (Docket No. FAA-2015-1399)

Dear Madam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, BIRDSEYE FARMING, INC. ("BIRDSEYE FARMING, INC"), an operator ofthe eBee Unmanned Aircraft System ("eBee") seeks an exemption from the Federal Aviation Regulations ("FARs") listed below:

• 14 C.F.R. 21 • 14 C.F.R. 61.133(a) (b) • 14C.F.R. 91.7(b) • 14 C.F.R. 91.119 • 14 C.F.R. 91.151(a) • 14CFR Subpart E(91.401- 91.417) The requested exemption would authorize commercial operations usingthe eBee for mapping and survey applications. These operations will be subjectto strict operating requirements defined in the eBee user manual (BIRDSEYE FARMING, INC requests the FAA treatthe eBee training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and conditions defined in the paragraph 3. 

### 1. CHARACTERISTICS OF THE AIRCRAFT The eBee is asmall (37.8 inches wingspan) and ultra-light (maximum take-offweight of 1.7 pounds) platform made offlexible foam that performs pre-programmed precision aerial mapping missions thanks to the on-board GPS and the related flight management software (eMotion) that allowsthe operatorto plan safely and efficiently a mission in 3D, and then monitor it in real-time. Thanks totheembedded camera, protected by afoam envelope, the eBee takes acollection of high-definition still images that are used laterto generate maps and contour lines ofthe surveyed area. The four main characteristics ofthe eBee are:

a. Very light weight The eBee is so light thatthe operator can launch it by hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Its low impact energy (38 

### J in case ofa controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam with no sharp or hard edges and almost no internal strengthening structure. b. Electric-powered The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is attached with a rubber band tothe body ofthe plane so that itcan easily flex away in case ofcontact with any object.

c. Semi-automatic flight The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the Inertial Measurement Unit and from the onboard GPS and takes care ofall the aspects ofthe flight underthe supervision ofthe operator. d. Option for Manual control Additionally, the eBee provides an override capability that allows the operatortotake manual actions duringthe flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control ofthe aircraft should it become necessaryto respond emergent circumstances, thanks tothe remote controller provided withthe system. 2. APPLICATIONS Birdseye Farming proposes to use asmall, lightweight UAV- the eBee- and proprietary cloud-based software to collect, process, and analyze aerial data principallyfor purposes ofprecision agriculture and precision surveying. In doing so, this system would occupy a brand new space in atransformative industry by providing high quality and actionable information to users. Indeed, use ofthe eBee would contribute to various social goods, from environmental protection to improved crop yields. In providing this service, this system would empowercrop researchers and farmers to make better management decisions through software that identifies disease and insects, nutrient deficiencies, and materials for increasing yields with fewer resources. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe eBeeBIRDSEYE FARMING, INC notes thatthe airworthiness ofthe eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among othersthe New Mexico State University: https:/ /newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flight-testcenter-conducts-ebee-airworthiness-assessment, and the USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in orderto operate the eBee UAS). Moreoverthe eBee already received 15 Exemptions from the FAA. SenseFiy also obtained flight approvals forthe eBee (delivered by national civil aviation authorities) in many countries, among others:

• Switzerland (flight approval forVLOS operations) • Canada (flight approval forVLOS operations) • Australia (flight approval for VLOS operations) • France (flight approval for Extended-VLOS operations) • Germany (flight approval forVLOS operations) • United Kingdom (flight approval forVLOS operations) • Norway (flight approval forVLOS operations) • Sweden (flight approval forVLOS operations) • Denmark (flight approval for VLOS operations) b. Operating requirements Grant ofthe exemption to BIRDSEYE FARMING, INC forthe eBee will be subjectto the following operating conditions:

• 1. Operations authorized by this grant ofexemption are limited to the SenseFiy eBee when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption. • 2. Operations forthe purpose ofclosed-set motion picture and television filming are not permitted. • 3. The UA may not be operated at aspeed exceeding 87 knots (100 miles per hour). The exemption holder may use eithergroundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greaterthan the maximum UA operating airspeed recommended by the aircraft manufacturer. • 4. The UA must be operated at an altitude of no morethan 400 feet above ground level (AGL). Altitude must be reported in feet AGL. • 5. The UA must be operated within visual line ofsight (VLOS) ofthe PIC atall times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. • 6. All operations must utilize avisual observer (VO). The UA must be operated within the visual line ofsight (VLOS) ofthe 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 ortexting is not permitted duringflight operations. The PIC must be designated before the flight and cannottransfer his or her designation forthe duration ofthe flight. The PIC must ensure thatthe VO can perform the duties required ofthe 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 ofexemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available tothe Administrator upon request. Ifadiscrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mustfollowthe 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 documentstothe Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendmenttothis grant of exemption. Ifthe operator determinesthat any update or revision would affectthe basis upon which the FAA granted this exemption, then the operator must petition for an amendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions tothe operating documents. • 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofaflight critical component, must undergo afunctional testflight priorto conducting further operations underthis exemption. Functional test flights may only be conducted by a PIC with aVO and must remain at least 500 feetfrom other people. The functional testflight 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 inspectingthe 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 determinethe UAS is in acondition for safe flight. The pre-flight inspection must accountfor all potential discrepancies, e.g. inoperable components, items, or equipment. Ifthe inspection reveals acondition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in acondition for safe flight. • 11. The operator mustfollow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements forthe aircraft and aircraft components. • 12. Each UAS operated underthis exemption must comply with all manufacturersafety bulletins. • 13. Underthis grant ofexemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold acurrent FAA airman medical certificate oravalid U.S. driver's license issued by a state, the District ofColombia, Puerto Rico, aterritory, a possession, orthe Federal government. The PIC must also meetthe• 23. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available tothe PIC atthe Ground Control Station ofthe UAS anytime the aircraft is operating. These documents must be made available tothe Administrator or any law enforcement official upon request. • 24. The UA must remain clear and give wayto all manned aviation operations and activities at all times. • 25. The UAS may not be operated by the PIC from any moving device orvehicle. • 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 presentthat sufficiently protect nonparticipating persons from the UA and/ordebris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifasituation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and • b. The owner/controller ofany vessels, vehicles orstructures has granted permission for operating closer tothose objects and the PIC has made a safety assessment ofthe risk of operating closer tothose objects and determined that itdoes not present an undue hazard.

The PIC, VO, operatortrainees oressential persons are not considered nonparticipating persons underthis exemption.

• 27. All operations shall be conducted over private orcontrolled-access propertywith permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flightto be conducted. • 28. Any incident, accident, or flight operation thattransgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA must be reported tothe 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. 3. CONCLUSION In summary, Birdseye Farming seeks an exemption from the FARs set forth in this documentto operate commercially asmall unmanned vehicle (55 lbs. or less) in aerial survey operations. Approval ofthis exemption for commercial aerial survey operations will enhance safety by reducing risk. Conventional operations, usingjetor piston powered aircraft, operate at extremely lowaltitudesjust feetfrom the subject being inspected and in extreme proximityto people and structures. Such manned operations presentthe risks associated with vehicles that weigh in excess of

### 6,000 lbs., carrying large amounts ofjetAor otherfuel. Such aircraft mustfly to and from the project location. In contrast, a sUAS weighing fewerthan six lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried tothe target area andnotflown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall UASs, weighing less than six lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supportingthe grant ofthe exemptions requested herein. These lightweight aircraft operate at slow speeds, close tothe ground, and in areas that are underthe control ofthe customer. As a result, they are far safer than conventional operations conducted with manned aircraft operating in close proximityto the ground and people. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximityto airports and populated areas, and operation within visual line of sight and national security- provide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS forthe Purposes outlined herein and are consistent with exemptions already granted, including Exemptions 11345, 11062through 11067, 11080, 11109through 11112, and 11114.

# Yo~~

# ~ichael Wilson President Birdseye Farming, IncANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION BIRDSEYE FARMING, INC requests an exemption from the following regulations as well as any additional regulations that maytechnically applytothe operation ofthe eBee: 14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14CFR 

### § 91.203{a)(1)

Section 91.203 requires all civil aircraftto have acertificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR§ 91.203(a). Given the size ofthe eBee, its very lightweight (the aximum take-offweight is 1.7 pounds) and the limited operating area associated with its utilization, it is unnecessaryto go through the certificate of airworthiness process under Part 21 Subpart Hin orderto achieve or exceed current safety levels. Such an exemption meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe UAS involved. An analysis ofthese different criteria demonstrates thatthe eBee operated without an airworthiness certificate, underthe conditions proposed in that exemption, will be at least as safe, or safer, than aconventional aircraftwith an airworthiness certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, is also being submitted tothe FAA as part ofthis application. BIRDSEYE FARMING, INC requests the FAA treatthe eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

14 C.F.R. 

### § 61.3: Requirementsfor certificates, ratings and authorizations 14C.F.R. 

### § 61.113(a) 

### & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember ofa civil aircraft ofthe United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued underthis part in that person's physical possession or readily accessible in the aircraftwhen exercising the privileges ofthat pilot certificate or authorization. However, when the aircraft is operated within aforeign country, a pilot license issued by that country may be used.The regulation provides also that no person that holds a private pilot certificate may act as pilot in command ofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental tothat business oremployment; (2) The aircraft does not carry passengers or propertyfor compensation or hire. Given the safetyfeatures ofthe eBee and the factthatthe missions are pre-programmed and monitored in real-time with aspecific flight management software (eMotion), SenseFiy proposes that operators of the eBee should not be required to hold acommercial pilot certification. Instead, operators should be required to: Have asport or recreational pilot license (at least) and have successfully passed a manufacturer's training program for the eBee. 

### 14C.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 ofthe eBee without an airworthiness certificate, no standard will exist for airworthiness ofthe eBee. Given the size ofthe aircraft and the previous airworthiness assessments given tothe eBee, among others:

• New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uasflight-test-center-conducts-ebee-airworthiness-assessment • USACE New Orleans, who coordinated with the Department ofArmy and the FAA to obtain all authorizations required in orderto operate the eBee UAS for levee system monitoring, documentation ofconstruction progress, and extensive oblique photography of USACE structures & activities An equivalent level ofsafety will be achieved by insuring compliance with the SenseFly manuals priorto each flight. 

### 14CFR § 

### 91.119: Minimum Safe Altitudes The regulation provides that oversparsely populated areas the aircraft cannot be operated closer than 500 feetto any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, the eBee cannot comply with this requirement. The equivalent level ofsafety will be achieved because the eBee will onlyfly over private propertywith the permission ofthe landowner. The operatorwill define before everyflight aworking area radius and aflight area ceiling, preventingthe eBee to go beyond the flight area. The landowner and the persons who may be on the ground in the flight area will be briefed ofthe expected route offlight and the associated risks to persons and property on the ground. Due tothe small size ofthe eBee and the