August 3, 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: 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 Sir or Madam: 

James Michael Wilson, President of Birdseye Farming, Inc. was issued Exemption No. 1201Spn July 13, 

2015 (hereinafter "the Exemption"), allowing operation of the DJI Phantom for aerial dai:a·.c;'bllectfon for 

precision agriculture and precision surveying. Birdseye hereby requests an amendment to the 

Exemption to add an additional UAS vehicle that fully complies with the conditions of the Exemption. 

The requested exemption would permit Birdseye Farming to pursue its commercial interests in providing 

services to clients using a small advanced UAS in the following areas: Real Estate Marketing, Surveying, 

Industrial, Special Events, Utility Inspection, Local and National Natural and Man Made Disaster, and 

Rescue. Birdseye Professionals states that all UAS flights will occur over private or controlled access 

property and will do so with the property owner's consent and knowledge and that only people who 

have consented or otherwise have agreed to be in the area where videography will take place. 

Birdseye Farming seeks to operate the DJI Phantom 1, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, DJI 

Phantom 3 Professional and Advanced Models, and future Phantom iterations (hereinafter "Phantom") 

under the same conditions and limitations contained in the Exemption. Birdseye Farming will revise its 

UAS Operations Manual to include the DJI Phantom series. If requested, Birdseye Farming will submit a 

revised copy of the UAS Operations Manual to the Administrator under separate cover pursuant to 14 

C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that 

Birdseye Farming has not and will not share with others. Additionally, the document contains operating 

conditions and procedures that are not generally available to the public and are protected from release 

under the Freedom of Information Act, 5 U.S. C. § 552 et seq. All operations of the additional UAS will be 

in full compliance with the terms of the Exemption. 
Birdseye Farming believes that an amendment adding the Phantom to the Exemption is in the public's 

interest as it would reduce hazards and emissions associated with alternate use of manned aircraft to 

conduct similar aerial data collection. 

As this is an amendment to an existing exemption seeking the addition of supplementary UAS model 

that is substantially similar to the one currently authorized for use under the Exemption, Birdseye 

Farming respectfully submits that good cause exists so that notice does not need to be published in the 

Federal Register for the requested amendment. 

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 Phantom, which with a maximum take-off weight of 5.5 lbs. is small in size. The 

Phantom 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 

Phantom also will be operated by an indrvidual 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 Phantomwill 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 Phantom 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." ld. § 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 Real Estate 

Marketing, Surveying, Industrial, Special Events, Utility Inspection, Local and National Natural and Man 

Made Disaster, and Rescue. 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 Phantom are limited to the aircraft described in the attached manuals, 

which is a miniature propeller airplane built by DJI 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 ofthe 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 DJI 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 DJI 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 

DJI 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 NOT AM 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 Phantom 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 Phantom: 

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. § 91.4DS(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 DJI Phantom 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 Phantom 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. DJI Phantom 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 Phantom 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 Phantom 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 6lbs., 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 Phantom 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 Phantom (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 Phantom 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 Phantom without an 

airworthiness certificate, no standard will exist for airworthiness of the Phantom. 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 DJI 

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 DJI 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 DJI Phantom training program and 

through the use of experienced and qualified instructors familiar with the DJI Phantom. 

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 SOD feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than SOD feet to any person, vessel, vehicle, or structure. 

As set forth herein, the Phantom will never operate at higher than 400 feet AGL. It will, however, be 

operated to avoid congested or populat~d 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 

SOD 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 

Phantom 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 ~osed by conventional aircraft operating at 

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

between these smaii-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 Phantom 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 Phantom 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 Phantom flights to 30 minutes would greatly reduce their utility. In the unlikely event that the 

Phantom 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 Phantom 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 Phantom box and available for inspection upon request. 
14 C.F.R. § 91.405(a); 407(a)(l); 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 Phantom 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 PPHANTOM 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 Phantom 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) 

If you have any questions, or need any additional information to process the requested amendment to 

the Exemption, please do not hesitate to contact the undersigned. 

Sincerely, 4£ J~ 

~chael Wilson 

President 

BIRDSEYE FARMING 

Attachments: Phantom Flight Manual