April 28, 2015

Birdseye Farming, Inc

J. Michael Wilson

102 Plaza de Luke Square

Clayton, NC 27527

Docket Operations, M‐30

U.S. Department of Transportation  

1200 New Jersey Ave., SE  

Room W12‐140

West Building Ground Floor

Washington, DC 20590‐0001

Re: Exemption Request under 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 (FMRA), Birdseye Farming,

Inc (Birdseye Farming) is petitioning for an exemption from the Federal Aviation Regulations and other

rules/statutes pertaining to unmanned aircraft systems. Section 333 of the FMRA addresses special rules

for certain unmanned aircraft systems and grants the FAA authority to allow for the safe operation of

certain unmanned aircraft systems (UAS) within the national airspace.  

Birdseye Farming proposes to use a small, lightweight UAV – the PrecisionHawk Hawkeye Mk‐III – and

proprietary cloud‐based software to collect, process, and analyze aerial data principally for purposes of

precision agriculture and precision surveying. In doing so, this system would occupy a brand new space

in a transformative industry by providing high quality and actionable information to users.  Indeed, use

of the Hawkeye Mk‐III would contribute to various social goods, from environmental protection to

improved crop yields.  In providing this service, this system would empower crop 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.  

Operations under the exemption will be subject to strict operating requirements and conditions to

ensure at least an equivalent level of safety to currently authorized operations using manned aircraft

and under conditions as may be modified by the FAA as required by Section 333.  

As described more fully below, the requested exemption would authorize commercial operations of

aerial surveys using the Hawkeye Mk‐III, which with a maximum take‐off weight of 5.5 lbs. is small in

size.  The Hawkeye Mk‐III will be operated under controlled conditions at low altitude in airspace that is

limited in scope, as described more fully herein; it will have automated control features, as described
herein.  The Hawkeye Mk‐III also will be operated by an individual possessing a private pilot certificate.  

Finally, the airspace in which the UAS will operate will be disclosed to the FAA in advance.  

Birdseye Farming respectfully submits that because this small, unmanned aerial vehicle – the Hawkeye

Mk‐III – will be used in lieu of comparatively hazardous operations now conducted with fixed wing and

rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an

equivalent level or greater level of safety.  Approval of this exemption would thereby enhance safety

and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section

333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in

the national airspace system.”   .    

  

14 CFR 11.81 (a) – Name and address of the Petitioner:  

Birdseye Farming, Inc.

102 Plaza de Luke Square

Clayton, NC 27527

Phone: 704‐500‐3733

E‐mail: mwilson822@gmail.com

The regulations from which the exemption is requested are as follows:

14 CFR Part 21 Subpart H  

14 CFR Part 45.23 (b)  

14 CFR Part 61.113 (a) and (b)  

14 CFR Part 91.7 (a)

14 CFR Part 91.9 (b)   

14 CFR Part 91.109(a) & 91.319(a)(1)

14 CFR Part 91.119 (c)

14 CFR Part 91.121

14 CFR Part 91.151 (a)

14 CFR Part 91.203 (a) & (b)

14 CFR Part 91.405 (a)

14 CFR Part 91.407 (a)(1)

14 CFR Part 91.409 (a)(2)

14 CFR Part 91.417 (a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set

forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.  

Appendix B provides the requisite Federal Register summary
THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Birdseye Farming submits that grant of this exemption application for use of the Hawkeye Mk‐III in

precision aerial surveys will advance the Congressional mandate in Section 333 of the Reform Act to

accelerate the introduction of UASs into the national airspace system (“NAS”) if it can be accomplished

safely.  This law directs the Secretary of Transportation to consider whether certain UASs may operate

safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act.  In

making this determination, the Secretary is required to determine which types of UASs do not create a

hazard to users of the NAS or the public or pose a threat to national security in light of the following:  

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

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

 Operation of the UAS within visual line of sight of the operator.  

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).  

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.  This statutory

authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act,

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 44702‐44716 of this title if the Administrator finds

the exemption is in the public interest.

The grant of the 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 transitioning to UASs for aerial surveying.  

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without

delay.  

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein.  These limitations provide for at least

an equivalent or even higher level of safety to operations under the current regulatory structure

because the proposed operations represent a safety enhancement to operations that would be

conducted with conventional aircraft.  These conditions are drawn from Exemptions 11062 through

11067, 11080, 11109, 11110 and 11345.  

These limitations and conditions to which Birdseye Farming (or “operator”) agrees to be bound when

conducting commercial operations under an FAA issued exemption include:  
1. Operations of the Hawkeye Mk‐III are limited to the aircraft described in the attached

manuals, which is a miniature propeller airplane built by PrecisionHawk that weighs less than six

pounds (the “UA” or “UAS”).  Proposed operations of any other aircraft will require a new

petition or a petition to amend this grant.6  

2. The UA may not be flown at an indicated airspeed exceeding 50 knots.     

3. The UA may be operated at an altitude of no more than 400 feet above ground level (“AGL”),

as indicated by the procedures specified in the attached manuals.  All altitudes reported to Air

Traffic Control (“ATC”) must be in feet AGL.  

4. The UA must be operated within visual line of sight (“VLOS”) of the pilot‐in‐command (“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.  

5. The manuals must include all conditions and limitations required by the FAA.  The manuals

must be maintained and made available to the Administrator upon request.  If a discrepancy

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

the manuals, the conditions and limitations in the exemption take precedence and must be

followed.  Otherwise, the operator must follow the procedures as outlined in the manuals.  

6. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight.  If

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

prohibited from operating until the necessary maintenance has been performed, and the UAS is

found to be in a condition for safe flight.  The ground control station must be included in the

preflight inspection.  All maintenance and alterations must be properly documented in the

aircraft records.  

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

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

test flight in accordance with the operator’s manual.  The PIC who conducts the functional test

flight must make an entry in the UAS aircraft records of the flight.  The manuals include this

requirement.  

8. The preflight inspection section in the manuals includes the following requirement:  the

preflight inspection must account for all discrepancies, i.e., inoperable components, items, or

equipment, not covered in the relevant preflight inspection sections of the operator’s manual.     

9. The operator must follow PrecisionHawk’s UA aircraft/component, maintenance, overhaul,

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

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

10. Operator must carry out its maintenance, inspections, and record keeping requirements in

accordance with the manuals.  Maintenance, inspection, and alterations must be noted in the
aircraft logbook, including total flight hours, description of work accomplished, and the

signature of the authorized technician returning the UAS to service.  

11. The authorized technicians must receive and document training referenced in the manuals.     

12. Each UAS operated under the exemption must comply with all PrecisionHawk system and

safety bulletins.  

13. Operator’s maintenance personnel must make a record entry in the UAS logbook or

equivalent document of the corrective action taken against discrepancies discovered between

inspections.  

14. The PIC must possess at least a private pilot certificate and a third‐class airman medical

certificate.  The PIC must also meet the flight review requirements specified in 14 C.F.R. 61.56 as

to the UAS.  

15. The operator may not permit any PIC to operate unless that PIC has demonstrated through

PrecisionHawk’s training and currency requirements  that the PIC is able to safely operate the

UA in a manner consistent with how the UAS will be operated under this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles, and structures.  

16. If the UAS loses communications or loses its GPS signal, the UA must return to a

predetermined location within the private or controlled‐access property and land or be

recovered in accordance with the manuals.  

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

accordance with the manuals.  

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

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

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

19. All aircraft operated in accordance with the exemption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, and have identification (N‐Number) markings in

accordance with 14 C.F.R. part 45, Subpart C.  Markings must be as large as practicable.

20. Before conducting operations, the radio frequency spectrum used for operation and control

of the UA must comply with the Federal Communications Commission (“FCC”) or other

appropriate government oversight agency requirements.  

21. The documents required under 14 C.F.R. 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.  
22. The UA must remain clear and yield the right of way to all other manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute activities,

parasailing activities, hang gliders, etc.).  

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

24. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1.  

25. All operations shall be conducted in Class G airspace.  

26. All operations must be conducted under visual meteorological conditions (“VMC”).  The UA

may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud

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

27. During operations in Class G airspace, the UA may not operate within 5 nautical miles of the

geographic center of an airport as denoted on a current FAA‐published aeronautical chart unless

a letter of agreement with that airport’s management is obtained, and the operation is

conducted in accordance with a NOTAM as required by the operator’s COA.  The letter of

agreement with the airport management must be made available to the Administrator upon

request.  

28. The UA may not be operated over congested or densely populated areas unless the

conditions set forth in #29 are satisfied.  These populated areas include, but are not limited to,

the yellow areas depicted on World Aeronautical Charts (“WAC”), Sectional Aeronautical Charts

(“Sectionals”), or Terminal Area Charts (“TAC”).  However, aeronautical charts may not reflect

pertinent local information.  Ultimately, it is the PIC’s responsibility to maintain the minimum

safe altitudes required by § 91.119.  

29. Operations must be conducted at least 500 feet from all nonparticipating persons (persons

other than the PIC or VO), vessels, vehicles, and structures unless:  

a. barriers or structures are present that sufficiently protect nonparticipating persons

from debris in the event of an accident.  The operator must ensure that nonparticipating

persons remain under such protection.  If a situation arises in which nonparticipating

persons leave such protection and are within 500 feet of the UA, flight operations must

cease immediately; and/or

b. the aircraft is operated near vessels, vehicles, or structures where the land

owner/controller has granted permission and the PIC has made a safety assessment of

the risk of operating closer to those objects; and  

c. operations near the PIC do not present an undue hazard to the PIC, per § 91.119(a).  
30. All operations shall be conducted over private or controlled‐access property with permission

from the land owner/controller or authorized representative.  Permission from land

owner/controller or authorized representative will be obtained for each flight to be conducted.  

31. In the event COAs are required, 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.  

********

Privacy.  All flights will occur over private or controlled access property with the property owner’s prior

consent and knowledge.  Inspection will be in areas where the owners will have consented to the

inspections or otherwise have agreed to allow the UAS and the operator to be in the area where

inspection will take place.  

National Security.  No national security issue is raised by the grant of this exemption.  Given the size,

load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other

dangerous materials, the Hawkeye Mk‐III poses no threat to national security.  

********

In summary, Birdseye Farming seeks an exemption from the FARs set forth in Appendix A to operate

commercially a small unmanned vehicle (55 lbs. or less) in aerial survey operations.  

Approval of this exemption for commercial aerial survey operations will enhance safety by reducing risk.  

Conventional operations, using jet or piston powered aircraft, operate at extremely low altitudes just

feet from the subject being inspected and in extreme proximity to people and structures.  Such manned

operations present the risks associated with vehicles that weigh in excess of 6,000 lbs., carrying large

amounts of jet A or other fuel.  Such aircraft must fly to and from the project location.  In contrast, a

sUAS weighing fewer than six lbs. and powered by batteries eliminates virtually all of that risk given the

reduced mass and lack of combustible fuel carried on board.  The sUAS is carried to the target area and

not flown.  The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks

associated with manned aircraft flights.

The operation of small UASs, weighing less than six lbs., conducted in the strict conditions outlined

above, will provide an equivalent level of safety supporting the grant of the exemptions requested

herein.  These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are

under the control of the customer.  As a result, they are far safer than conventional operations

conducted with manned aircraft operating in close proximity to the ground and people.  

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

operating capabilities, proximity to airports and populated areas, and operation within visual line of

sight and national security – provide more than adequate justification for the grant of the requested
exemptions allowing commercial operation of applicant’s UAS for the Purposes outlined herein and are

consistent with exemptions already granted, including Exemptions 11345, 11062 through 11067, 11080,

11109 through 11112, and 11114.

APPENDIX A  

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULES SUBJECT TO EXEMPTION

Birdseye Farming requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the Hawkeye Mk‐III:  

14 C.F.R. § 21 Subpart H  

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)

14 C.F.R. § 91.109(a) & 91.319(a)(1);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121

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) & (b)  
14 CFR Part 11.81 (c) – The extent of relief BIRDSEYE FARMING seeks, and the reason

BIRDSEYE FARMING seeks the relief:  

Birdseye Farming seeks relief pursuant to this exemption from applicable parts of the Federal Aviation

Regulations and other rules/regulations to the extent necessary to permit civil flight operations within

the national airspace. Birdseye Farming seeks authorization to conduct small UAS flight operations

within the perimeters of this exemption request.

14 CFR Part 21 Subpart H (Airworthiness Certificates)  

Birdseye Farming seeks to utilize the PrecisionHawk Lancaster UAS platform under this exemption

request. This UAS platform has gained substantial operational maturity via several FAA approved

Certificates of Authorization. It has a proven safety record ( and a maximum take‐off weight of 5.5

pounds) and has demonstrated that its operations would not adversely affect safety compared to similar

aircraft that have been issued an airworthiness certificated under 14 CFR Part 21, Subpart H. Should the

FAA approve this exemption request and determine that an airworthiness certificate is not required,

noise certification and testing under 14 CFR Part 36 will also not be required for the UAS for the term of

the exemption.  

14 CFR Part 45.23 (b) (Display of Marks: General)

Michael, as the petitioner seeks relief from Part 45.23 (b) requiring markings on certain sections of the

aircraft and markings of a certain size. BIRDSEYE FARMING will register their UAS in compliance with 14

CFR Part 47 and obtain N# registrations and will place that N# registration on the UAS as large as

practicable due to the UAS small size.

14 CFR Part 61.113 (a) and (b) (Private Pilot Privileges and Limitations: Pilot in Command)  

Section 61.113(a) & (b) limit private pilots to non‐commercial operations.  Unlike a conventional aircraft

that carries a pilot, passengers, and cargo, the Hawkeye Mk‐III in this case is remotely controlled with no

passengers or property of others on board.  Section 61.133(a) requires an individual with a commercial

pilot’s license to be pilot in command of any aircraft for compensation or hire.  Birdseye Farming

respectfully proposes that operator requirements should take into account the characteristics of the

particular UAS.  PrecisionHawk’s Hawkeye Mk‐III has a high degree of pre‐programmed control and

various built‐in technical capabilities that strictly limit the potential for operation outside of the

operating conditions set forth in the exemption application.  

The Hawkeye Mk‐III has an autonomous navigation and control system.  Flights are preprogrammed

with precision GPS guidance and do not require human intervention.  In the case of unplanned events,

the operator can manually intervene to take one of the following actions:  (i) command the aircraft to

begin to autonomously return to the recovery area and land; (ii) command the aircraft to autonomously

return to the recovery area where the pilot will assume control and land the aircraft; or (iii) manually

assume control of the aircraft via the hand controller and return the craft to the recovery area where

the operator lands it.  
Additional automated safety functions and safety enhancing features of the Hawkeye Mk‐III include the

following:  

 Auto‐pilot detection of lost GPS or of insufficient satellites initiates a stand‐by loiter pattern

until such time as GPS is re‐established or the PIC assumes manual control of the aircraft.  

 Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the craft will fly

to the recovery area.  

 If the auto‐pilot detects a lost‐link to the ground control station for longer than 30 seconds,

landing procedure begins.  

 The aircraft, weighing fewer than 6 lbs., fully loaded, is constructed of foam, which is intended

to absorb impact energy.  

 In the event the ground station reaches a low power state, it will alert the pilot.  

Given these safety features, Birdseye Farming proposes that operators of the Hawkeye Mk‐III should not

be required to hold a commercial pilot certification.  Instead, operators should be required to hold only

a private pilot certification.  

The risks associated with the operation of the Hawkeye Mk‐III (given its size, speed, operational

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with

commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that

allowing operations of the UAS as set forth above meets or exceeds the present level of safety provided

under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to

operate the aircraft under § 61.133(a).  

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing

operation of the Hawkeye Mk‐III with a private pilot’s certificate, under the conditions set forth in the

exemption request.  The FAA has granted exemptions to conduct similar operations in Exemptions

11062 through 11067, 11080, 11109, and 11110.  

14 CFR Part 91.7 (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 Hawkeye Mk‐III without an

airworthiness certificate, no standard will exist for airworthiness of the Hawkeye Mk‐III.  Given the size

of the aircraft and the requirements that the operator has agreed to as relates to airworthiness, as set

forth in the attached manuals, an equivalent level of safety will be achieved by ensuring compliance

with the PrecisionHawk manuals prior to each flight.  The FAA has granted exemptions to conduct

similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110  

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual

is in the aircraft.    We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation, but the documentation
would not be available to the crew, as there is no flight crew on board.

The equivalent level of safety will be achieved by keeping a hard copy of the PrecisionHawk user manual

in the transport box that will be within reach of the operator at all times.

14 C.F.R. § 91.109(a) & 91.319(a)(1):  Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."   

Flight instruction will be accomplished through an elaborated training program approved by the

manufacturer or affiliate providing the training as described in the PrecisionHawk Hawkeye Mk‐III

training program and through the use of experienced and qualified instructors familiar with the

PrecisionHawk Hawkeye Mk‐III.

14 CFR Part 91.119 (c) (Minimum Safe Altitudes: General)  

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.  

As set forth herein, the Hawkeye Mk‐III will never operate at higher than 400 feet AGL.  It will, however,

be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts.  

Because aerial survey 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.  

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the

Hawkeye Mk‐III is built.  Also, no flight will be taken without the permission of the landowner or those

who control the land as well as local officials.  Because of advance notice to the landowner, all affected

individuals will be aware of the survey flights.  Compared to aerial survey operations conducted with

aircraft or rotorcraft weighing far more than 5.5 lbs. and carrying flammable fuel, any risk associated

with these operations will be far less than the risks currently posed by conventional aircraft operating at

or below 500 feet AGL.  Indeed, the low‐altitude operations of the UAS will maintain separation

between these small‐UAS operations and the operations of conventional aircraft that must comply with

Section 91.119.  The FAA has granted exemptions to conduct similar operations in Exemptions 11062

through 11067, 11080, 1110 and 1134.

14 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below

18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical miles

of the aircraft;

 If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current
reported altimeter setting of an appropriate available station;

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an

appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the Hawkeye Mk‐III autopilot calculates the reference altitude

(ground level) with the on‐board GPS during the pre‐flight tests. The GPS and barometer data are then

used to calculate the altitude in‐flight

14 CFR Part 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.”   

The batteries powering the Hawkeye Mk‐III provide approximately 60 minutes of powered flight.  

Without an exemption from § 14 C.F.R. 91.151, the UAS’s flights would be limited to approximately 30

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.  

Birdseye Farming believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of

prior exemptions.  See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with 91.151(a)).  Operating the small UAS without 30 minutes of reserve fuel does not

engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at

which the UAS operates.  The fact that it carries no pilot, passenger, or cargo also enhances its safety.  

Limiting Hawkeye Mk‐III flights to 30 minutes would greatly reduce their utility.  In the unlikely event

that the Hawkeye Mk‐III achieves a low battery state (10.4 volts), it would simply land.  Given its weight

and construction material, the risks are less than contemplated by the current regulation.  

Birdseye Farming believes that an equivalent level of safety can be achieved by maintaining 15 minutes

of reserve fuel, which, allowing 45 minutes of flight time, would be more than adequate to return the

UAS to its planned landing zone from anywhere in its operating area.  

Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 10673,

10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, 11112 and 11345.  

14 C.F.R. § 91.203 (a) & (b):  Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

 No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate.

 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 Hawkeye Mk‐III weighs only 5.5 pounds (max take‐off weight). As such, there is no ability or place to

carry certification and registration documents or to display them on the UAS. In addition, there is no pilot

on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents

deemed appropriate for this aircraft by the FAA will be co‐located with the operator at the ground

control station in the Hawkeye Mk‐III box and available for inspection upon request.   

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b):  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 airworthiness 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.  

Maintenance of the Hawkeye Mk‐III will be accomplished by the owner/operator pursuant to the

manuals attached as confidential exhibits.  An equivalent level of safety will be achieved because the

UAS is small in size, will carry a small payload, will operation only in restricted predetermined areas and

is not a complex mechanical device.  As provided in the attached manuals, the operator will ensure that

the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of

any maintenance that is performed; moreover, the operator is the person most familiar with the aircraft

and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of

safety.  The FAA has granted exemptions for similar operations in Exemptions 11345, 11062 through

11067, 11080, 11109, 11110, 11112 and 11345.  
APPENDIX B

SUMMARY OF PRECISIONHAWK SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, Birdseye Farming hereby provides pursuant to Part 11 a

summary of its exemption application to allow commercial operation of the Hawkeye Mk‐III unmanned

aircraft in precision aerial survey work.  An exemption is requested from the following regulations:  

14 CFR Part 21 Subpart H  

14 CFR Part 45.23 (b)  

14 CFR Part 61.113 (a) and (b)  

14 CFR Part 91.7 (a)

14 CFR Part 91.9 (b)  

14 CFR Part 91.119 (c)

14 CFR Part 91.151 (a)

14 CFR Part 91.405 (a)

14 CFR Part 91.407 (a)(1)

14 CFR Part 91.409 (a)(2)

14 CFR Part 91.417 (a) & (b)

Sincerely,  

James Michael Wilson

James Michael Wilson

President

BIRDSEYE FARMING

Attachments: PrecisionHawk Flight Manual